[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2013 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 50

Wildlife and Fisheries


________________________

Parts 200 to 227

                         Revised as of October 1, 2013

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2013
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          
          
          The seal of the National Archives and Records Administration 
              (NARA) authenticates the Code of Federal Regulations (CFR) as 
              the official codification of Federal regulations established 
              under the Federal Register Act. Under the provisions of 44 
              U.S.C. 1507, the contents of the CFR, a special edition of the 
              Federal Register, shall be judicially noticed. The CFR is 
              prima facie evidence of the original documents published in 
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code 
              of Federal Regulations logo on any republication of this 
              material without the express, written permission of the 
              Archivist of the United States or the Archivist's designee. 
              Any person using NARA's official seals and logos in a manner 
              inconsistent with the provisions of 36 CFR part 1200 is 
              subject to the penalties specified in 18 U.S.C. 506, 701, and 
              1017.

          Use of ISBN Prefix

          This is the Official U.S. Government edition of this publication 
              and is herein identified to certify its authenticity. Use of 
              the 0-16 ISBN prefix is for U.S. Government Printing Office 
              Official Editions only. The Superintendent of Documents of the 
              U.S. Government Printing Office requests that any reprinted 
              edition clearly be labeled as a copy of the authentic work 
              with a new ISBN.

              
              
          U . S . G O V E R N M E N T P R I N T I N G O F F I C E

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

          U.S. Superintendent of Documents  Washington, DC 
              20402-0001

          http://bookstore.gpo.gov

          Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[Page iii]]




                            Table of Contents



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

  Title 50:
          Chapter II--National Marine Fisheries Service, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Table of CFR Titles and Chapters........................     869
      Alphabetical List of Agencies Appearing in the CFR......     889
      List of CFR Sections Affected...........................     899

[[Page iv]]





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

                     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.

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

[[Page v]]



                               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, July 1, 2013), 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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[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 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
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.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    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 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll-free, 
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2104, 24 hours a day. For payment by check, 
write to: US Government Printing Office - New Orders, P.O. Box 979050, 
St. Louis, MO 63197-9000.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers of the Presidents of the United 
States, Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format via www.ofr.gov. For more 
information, contact the GPO Customer Contact Center, U.S. Government 
Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-
mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal-
register.
    The e-CFR is a regularly updated, unofficial editorial compilation 
of CFR material and Federal Register amendments, produced by the Office 
of the Federal Register and the Government Printing Office. It is 
available at www.ecfr.gov.

    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2013.







[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 17.95), part 17 
(17.96 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 six volumes 
consist of parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to 
end of 17.95), part 17 (17.96 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 seventh 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 eighth and ninth 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, 2013.

    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

[[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..............................         120
218             Regulations governing the taking and 
                    importing of marine mammals.............         152
219-220         [Reserved]

221             Prescriptions in FERC hydropower licenses...         260
222             General endangered and threatened marine 
                    species.................................         280
223             Threatened marine and anadromous species....         305
224             Endangered marine and anadromous species....         401
225             [Reserved]

226             Designated critical habitat.................         412

[[Page 5]]



               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.

[[Page 6]]

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 [Reserved]

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.

Subparts Q-U [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 [Reserved]

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

[[Page 7]]

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 inSec. 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 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 toSec. 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

[[Page 8]]

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 toSec. 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 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

[[Page 9]]

(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 inSec. 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.
    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'' inSec. 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.

[[Page 10]]

    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.
    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

[[Page 11]]

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.
    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

[[Page 12]]

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 affectingSec. 
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 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 toSec. 
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

[[Page 13]]

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]



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 
(seeSec. 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

[[Page 14]]

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 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;

[[Page 15]]

    (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 orSec. 216.32.

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



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 toSec. 216.45(b);
    (b) Violate any term or condition imposed pursuant toSec. 
216.45(d).

[59 FR 50376, Oct. 3, 1994]



Sec.  216.17  General prohibitions.

    It is unlawful for any person to:

[[Page 16]]

    (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 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.

[[Page 17]]

    (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 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

[[Page 18]]

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
    (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;

[[Page 19]]

    (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.
    (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

[[Page 20]]

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 inSec. 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 underSec. 
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 (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

[[Page 21]]

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.
    (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

[[Page 22]]

 
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]



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 inSec. 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.

[[Page 23]]

    (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 
(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 
underSec. 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 
underSec. 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.

[[Page 24]]

    (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 underSec. 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 inSec. 
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 inSec. 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 withSec. 
300.22(b)(1)(i) of this title, this class of purse seine vessels is not 
required to be listed on the Vessel Register underSec. 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 underSec. 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 underSec. 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 underSec. 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

[[Page 25]]

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, 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.

[[Page 26]]

    (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 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 underSec. 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

[[Page 27]]

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 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.

[[Page 28]]

    (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.
    (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

[[Page 29]]

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 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

[[Page 30]]

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 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

[[Page 31]]

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 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

[[Page 32]]

``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)............................
  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

[[Page 33]]

 
  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
  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

[[Page 34]]

 
  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 inSec. 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 inSec. 
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 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,

[[Page 35]]

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 inSec. 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, 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

[[Page 36]]

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 (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

[[Page 37]]

    (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 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

[[Page 38]]

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 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 inSec. 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

[[Page 39]]

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 withSec. 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 atSec. 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;
    (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.

[[Page 40]]

    (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 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 underSec. 216.33 or a request for a major amendment 
underSec. 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

[[Page 41]]

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 underSec. 
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]



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.

[[Page 42]]

    (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 
inSec. 216.35 andSec. 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 
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.

[[Page 43]]

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 atSec. 216.34;
    (ii) All purpose-specific issuance criteria as appropriate set forth 
atSec. 216.41,Sec. 216.42, andSec. 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;
    (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 atSec. 216.35 and any purpose-specific restrictions as 
appropriate set forth atSec. 216.41,Sec. 216.42, andSec. 216.43;

[[Page 44]]

    (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 inSec. 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 
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

[[Page 45]]

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 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

[[Page 46]]

    (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 underSec. 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 the applicable provisions of 
this subpart.
    (1) A major amendment means any change to the permit specific 
conditions underSec. 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 atSec. 216.34, 
and, as appropriate,Sec. 216.41,Sec. 216.42, andSec. 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

[[Page 47]]

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.
    (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

[[Page 48]]

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:
    (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

[[Page 49]]

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 a 
marine mammal or marine mammal part for special exception purposes.
    (b) Scientific research. Any intrusive research as defined inSec. 
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 inSec. 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 atSec. 222.23 throughSec. 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

[[Page 50]]

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;
    (v) The purpose of the research, including a description of how the 
proposed research qualifies as bona fide research as defined inSec. 
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

[[Page 51]]

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 
inSec. 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 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.

[[Page 52]]

    (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 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

[[Page 53]]

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 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

[[Page 54]]

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.
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.

[[Page 55]]

    (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 inSec. 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 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 inSec. 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

[[Page 56]]

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 underSec. 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 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

[[Page 57]]

    (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 inSec. 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:
    (i) the documentation requirements for dolphin-safe tuna underSec. 
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 inSec. 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 on a fishing trip that began before July 
13, 2013 unless the products are accompanied as described inSec. 
216.93(d), (e), or (f), as appropriate, 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;
    (iii) In any other fishery on a fishing trip that began on or after 
July 13, 2013 unless the products are accompanied as described inSec. 
216.93(d), (e), or (f), as appropriate, by:

[[Page 58]]

    (A) 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 fishing trip in which the tuna were 
caught, and that no dolphins were killed or seriously injured in the 
sets in which the tuna were caught; and
    (B) Where the Assistant Administrator has determined that observers 
participating in a national or international observer program are 
qualified and authorized to certify that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the 
fishing trip in which the tuna were caught, and that no dolphins were 
killed or seriously injured in the sets in which the tuna were caught, 
and where such an observer is on board the vessel, a written statement 
executed by the observer, or by an authorized representative of a nation 
participating in the observer program based on information from the 
observer, certifying that no purse seine net was intentionally deployed 
on or used to encircle dolphins during the fishing trip in which the 
tuna were caught and that no dolphins were killed or seriously injured 
in the sets in which the tuna were caught. Any determination by the 
Assistant Administrator shall be announced in a notice published in the 
Federal Register. Determinations under this subparagraph will also be 
publicized on the Web site of the NMFS Southwest Region (http://
swr.nmfs.noaa.gov/).
    (3) Driftnet. By a vessel engaged in large-scale driftnet fishing; 
or
    (4) Other fisheries. By a vessel on a fishing trip that began on or 
after July 13, 2013 in a fishery other than one described in paragraphs 
(a)(1) through (3) of this section unless such product is accompanied as 
described in section 216.93(d), (e), or (f), as appropriate, by:
    (i) A written statement executed by the Captain of the vessel 
certifying that no dolphins were killed or seriously injured in the sets 
or other gear deployments in which the tuna were caught;
    (ii) Where the Assistant Administrator has determined that observers 
participating in a national or international observer program are 
qualified and authorized to certify that no dolphins were killed or 
seriously injured in the sets or other gear deployments in which the 
tuna were caught, and where such an observer is on board the vessel, a 
written statement executed by the observer, or by an authorized 
representative of a nation participating in the observer program based 
on information from the observer, certifying that no dolphins were 
killed or seriously injured in the sets or other gear deployments in 
which the tuna were caught. Any determination by the Assistant 
Administrator shall be announced in a notice published in the Federal 
Register. Determinations under this subparagraph will also be publicized 
on the Web site of the NMFS Southwest Region (http://swr.nmfs.noaa.gov/
); and
    (iii) In any other fishery that is identified by the Assistant 
Administrator as having a regular and significant mortality or serious 
injury of dolphins, a written statement executed by 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.
    (5) All Fisheries. On a fishing trip that began on or after July 13, 
2013 during which any dolphin was killed or seriously injured, unless 
the tuna labeled dolphin-safe was caught in a set or other gear 
deployment was stored separately from tuna caught in non-dolphin-safe 
sets or other gear deployments by the use of netting, other material, or 
separate storage areas from the time of capture through unloading. If a 
purse seine vessel has more than one well used to store tuna, all tuna 
inside a well shall be considered non-dolphin-safe, if at any time non-
dolphin-safe tuna is loaded into the well, regardless of the use of 
netting or other material inside the well.
    (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

[[Page 59]]

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 
inSec. 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; 
78 FR 41002, July 9, 2013]



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 ofSec. 216.93; and
    (3) The tuna or tuna products meet the dolphin-safe labeling 
standards underSec. 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 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 underSec. 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 inSec. 
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 ofSec. 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. 
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

[[Page 60]]

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) ETP large purse seine vessel. 
In the ETP by a purse seine vessel of greater than 400 st (362.8 mt) 
carrying capacity:
    (i) During fishing trips, any part of which included fishing in the 
ETP, 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. 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.
    (ii) 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.
    (iii) 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.
    (iv) 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.
    (v) 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.
    (2) Purse seine vessel other than ETP large purse seine vessel. This 
paragraph (c)(2) applies to tuna product labeled dolphin-safe that 
includes tuna harvested on a fishing trip that began on or after July 
13, 2013, in the ETP by a purse seine vessel of 400 st (362.8 mt) or 
less carrying capacity or by a purse seine vessel outside the ETP of any 
carrying capacity.

[[Page 61]]

    (i) Tuna caught in sets designated as dolphin-safe must be stored 
separately from tuna caught in non-dolphin-safe sets from the time of 
capture through unloading. Tuna caught in sets where a dolphin died or 
was seriously injured must be stored in a well designated as non-
dolphin-safe by the captain or, where applicable, by a qualified and 
authorized observer underSec. 216.91. Any tuna loaded into a well 
previously designated non-dolphin-safe is considered non-dolphin-safe 
tuna. The captain or, where applicable, a qualified and authorized 
observer underSec. 216.91, 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. 
If a purse seine vessel has only one well used to store tuna, dolphin-
safe tuna must be kept physically separate from non-dolphin-safe tuna by 
using netting or other material. If a purse seine vessel has more than 
one well used to store tuna, all tuna inside a well shall be considered 
non-dolphin-safe, if at any time non-dolphin-safe tuna is loaded into 
the well, regardless of the use of netting or other material inside the 
well.
    (ii) 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.
    (3) Other vessels. This paragraph (c)(3) applies to tuna product 
labeled dolphin-safe that includes tuna harvested by a vessel on a 
fishing trip that began on or after July 13, 2013 other than ones 
described in paragraphs (c)(1) or (2) of this section:
    (i) Tuna caught in sets or other gear deployments designated as 
dolphin-safe must be stored separately from tuna caught in non-dolphin-
safe sets or other gear deployments from the time of capture through 
unloading. Dolphin-safe tuna must be kept physically separate from non-
dolphin-safe tuna by using netting, other material, or separate storage 
areas. The captain or, where applicable, a qualified and authorized 
observer underSec. 216.91, must designate the storage areas for 
dolphin-safe and non-dolphin-safe tuna.
    (ii) 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.
    (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 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: whether the tuna is eligible to be labeled 
dolphin-safe underSec. 216.91, 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, gear type, trip dates, 
carrier name, unloading dates, and location of unloading. Where the 
processor indicates the tuna is eligible to be labeled dolphin-safe 
underSec. 216.91, it must enclose the certifications required by that 
section.
    (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

[[Page 62]]

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 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 processor operations other than cannery operations. 
U.S. tuna processors other than cannery operations engaged in processing 
tuna products, including frozen, dried, or smoked tuna products, must 
submit a report to the Administrator, Southwest Region that includes the 
information set out inSec. 216.93(d)(2) and (3) on a monthly basis for 
all tuna received at their processing facilities that will be included 
in any tuna product labeled dolphin-safe.
    (f) 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 bySec. 
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).
    (g) 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), 
(d) and (e) 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.
    (h) 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.''

[78 FR 41002, July 9, 2013]



Sec.  216.94  False statements or endorsements.

    Any person who knowingly and willfully makes a false statement or 
false endorsement required bySec. 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 63]]

[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 64]]

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 underSec. 216.106, or 
requirements and conditions contained within an incidental harassment 
authorization issued underSec. 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 inSec. 
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 inSec. 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 65]]

    (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 66]]

    (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 inSec. 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 underSec. 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 67]]

    (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 underSec. 
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 68]]

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 69]]

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 15 missiles each year from Vandenberg Air Force 
Base, for a total of up to 75 missiles over the 5-year period of the 
regulations in this subpart,
    (2) Launching up to 35 rockets each year from Vandenberg Air Force 
Base, for a total of up to 175 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).

[74 FR 6242, Feb. 6, 2009, as amended at 77 FR 4921, Feb. 1, 2012]



Sec.  216.121  Effective dates.

    Amended regulations are effective from February 1, 2012, through 
February 6, 2014.

[77 FR 4921, Feb. 1, 2012]



Sec.  216.122  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant toSec. 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 inSec. 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 inSec. 216.120(b) and is limited to Level B Harassment.



Sec.  216.123  Prohibitions.

    Notwithstanding takings specified inSec. 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 inSec. 216.120 
may:
    (a) Take any marine mammal not specified inSec. 216.120(b);
    (b) Take any marine mammal specified inSec. 216.120(b) other than 
by incidental, unintentional harassment;
    (c) Take a marine mammal specified inSec. 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

[[Page 70]]

Authorization issued under Sec.Sec. 216.106 and 216.127.



Sec.  216.124  Mitigation.

    (a) The activity identified inSec. 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 inSec. 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 inSec. 
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 inSec. 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 inSec. 
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

[[Page 71]]

those areas (this determination will be made in consultation with NMFS),
    (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 bySec. 216.103) 
conducting the activity identified inSec. 216.120(a) (30th Space Wing, 
U.S. Air Force) must apply for and obtain either an initial Letter of 
Authorization in accordance withSec. 216.127 or a renewal underSec. 
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 inSec. 216.128.

[[Page 72]]

    (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.  216.128  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued underSec. 216.106 andSec. 
216.127 for the activity identified inSec. 216.120(a) will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 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 underSec. 
216.125(d) and (e), and the Letter of Authorization issued underSec. 
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 underSec. 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 inSec. 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.

[[Page 73]]



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 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 inSec. 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 inSec. 216.150(b) and is limited to Level B Harassment.



Sec.  216.153  Prohibitions.

    Notwithstanding takings contemplated inSec. 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 inSec. 
216.150 may:
    (a) Take any marine mammal not specified inSec. 216.150(b);
    (b) Take any marine mammal specified inSec. 216.150(b) other than 
by incidental, unintentional harassment, as discussed inSec. 216.152;
    (c) Take a marine mammal specified inSec. 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 inSec. 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 inSec. 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

[[Page 74]]

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.
    (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 inSec. 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 inSec. 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 inSec. 
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;

[[Page 75]]

    (H) Substratum type;
    (I) Substratum slope;
    (J) Weather condition;
    (K) Horizontal visibility; and
    (L) Tide state.
    (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 bySec. 
216.103) conducting the activity identified inSec. 216.150 (Naval Air 
Warfare Center Weapons Division, U.S. Navy) must apply for and obtain 
either an initial Letter of Authorization in accordance withSec. 
216.157 or a renewal underSec. 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

[[Page 76]]

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.  216.157  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 inSec. 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 inSec. 216.150 will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 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 underSec. 
216.155(e), and the Letter of Authorization issued underSec. 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 
underSec. 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 underSec. 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 inSec. 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

[[Page 77]]

comment. Notification will be published in the Federal Register within 
30 days subsequent to the action.

Subpart O [Reserved]



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):
    (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):
    (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)

[[Page 78]]

    (d) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed inSec. 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 inSec. 216.172(c).

[74 FR 1484, Jan. 12, 2009, as amended at 76 FR 6701, Feb. 8, 2011; 77 
FR 4921, Feb. 1, 2012]



Sec.  216.171  Effective dates and definitions.

    (a) Amended regulations are effective from February 1, 2012, 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 inSec. 216.174(a)(1)(xxviii)(A)(1) and (2))--The cessation of 
MFAS operation or detonation of explosives within 14 nm 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; 77 
FR 4921, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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).

[[Page 79]]

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



Sec.  216.173  Prohibitions.

    Notwithstanding takings contemplated inSec. 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 inSec. 
216.170 may:
    (a) Take any marine mammal not specified inSec. 216.172(c);
    (b) Take any marine mammal specified inSec. 216.172(c) other than 
by incidental take as specified inSec. 216.172(c)(1) and (2);
    (c) Take a marine mammal specified inSec. 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 inSec. 
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

[[Page 80]]

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) 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.

[[Page 81]]

    (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 
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 inSec. 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 definedSec. 
216.171(b)) when advised by a NMFS Office of Protected Resources 
Headquarters Senior Official

[[Page 82]]

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, 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

[[Page 83]]

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 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

[[Page 84]]

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 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.

[[Page 85]]

    (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 
inSec. 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 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 inSec. 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 inSec. 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.

[[Page 86]]

    (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.
    (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.

[[Page 87]]

    (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);
    (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

[[Page 88]]

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 (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 bySec. 216.103 of this 
chapter) conducting the activity identified inSec. 216.170(c) (the 
U.S. Navy) must apply for and obtain either an initial Letter of 
Authorization in accordance withSec. 216.177 or a renewal underSec. 
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 may be renewed or modified sooner subject to the renewal 
conditions inSec. 216.178 and the modification conditions inSec. 
216.179.
    (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).

[74 FR 6242, Feb. 6, 2009, as amended at 77 FR 4921, Feb. 1, 2012]



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 inSec. 216.170(c) may be renewed 
for an amount of time not to exceed the periods of validity of this 
subpart upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 216.176 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt (by the dates indicated in these regulations) of 
the monitoring reports required underSec. 216.175(c) through (j); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 216.174 and the Letter of 
Authorization issued under Sec.Sec. 216.106 and 216.177, were 
undertaken and will be undertaken during

[[Page 89]]

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 thisSec. 216.106 andSec. 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)).
    (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).

[74 FR 6242, Feb. 6, 2009, as amended at 77 FR 4921, Feb. 1, 2012]



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 underSec. 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 inSec. 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.

Subparts Q-U [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.

[[Page 90]]

    (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 inSec. 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 inSec. 216.242(c).

[74 FR 4876, Jan. 27, 2009, as amended at 76 FR 6701, Feb. 8, 2011; 77 
FR 4921, Feb. 1, 2012]



Sec.  216.241  Effective dates and definitions.

    (a) Amended regulations are effective from February 1, 2012, through 
January 22, 2014.
    (i) Two or more individuals of any cetacean species (not including 
mother/calf pairs), unless of species of concern listed inSec. 
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 inSec. 216.241(b)(3).

[[Page 91]]

    (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; 77 
FR 4922, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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).
    (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

[[Page 92]]

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 inSec. 
216.242(c)(1)(ii)(C) over the course of the 5-year regulations.



Sec.  216.243  Prohibitions.

    Notwithstanding takings contemplated inSec. 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 inSec. 
216.240 may:
    (a) Take any marine mammal not specified inSec. 216.242(c);
    (b) Take any marine mammal specified inSec. 216.242(c) other than 
by incidental take as specified inSec. 216.242(c)(1) and (2);
    (c) Take a marine mammal specified inSec. 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 inSec. 
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 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'' (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). Surface lookouts should scan the water from 
the ship to the horizon and be responsible for all contacts in their 
sector. In

[[Page 93]]

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.
    (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

[[Page 94]]

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 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

[[Page 95]]

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 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

[[Page 96]]

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 inSec. 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 definedSec. 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.
    (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

[[Page 97]]

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, 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,

[[Page 98]]

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 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.

[[Page 99]]

    (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 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.

[[Page 100]]

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 inSec. 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 inSec. 216.242(c).
    (b) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including 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

[[Page 101]]

    (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 inSec. 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 subsectionsSec. 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);
    (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);

[[Page 102]]

    (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.
    (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.

[[Page 103]]

    (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 bySec. 216.103) conducting 
the activity identified inSec. 216.240(c) (the U.S. Navy) must apply 
for and obtain either an initial Letter of Authorization in accordance 
withSec. 216.247 or a renewal underSec. 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 may be renewed or modified sooner subject to the renewal 
conditions inSec. 216.248 and the modification conditions inSec. 
216.249.
    (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).

[74 FR 4876, Jan. 27, 2009, as amended at 77 FR 4922, Feb. 1, 2012]



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 inSec. 216.240(c) may be renewed 
upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 216.246 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt (by the dates indicated in these regulations) of 
the monitoring reports required underSec. 216.245(c) through (j); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 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 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 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:

[[Page 104]]

    (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).

[74 FR 4876, Jan. 27, 2009, as amended at 77 FR 4922, Feb. 1, 2012]



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 underSec. 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 inSec. 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 [Reserved]



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 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

[[Page 105]]

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 inSec. 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 inSec. 216.272(c).

[74 FR 3909, Jan. 21, 2009, as amended at 76 FR 6701, Feb. 8, 2011; 77 
FR 4922, Feb. 1, 2012]



Sec.  216.271  Effective dates and definitions.

    (a) Amended regulations are effective from the date of publication 
of the final rule, 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 inSec. 
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.

[[Page 106]]

    (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; 77 
FR 4922, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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)
 (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)

[[Page 107]]

 (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 inSec. 
216.272(c)(1)(ii)(D) through (G) over the course of the 5-year 
regulations.



Sec.  216.273  Prohibitions.

    Notwithstanding takings contemplated inSec. 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 inSec. 
216.270 may:
    (a) Take any marine mammal not specified inSec. 216.272(c);
    (b) Take any marine mammal specified inSec. 216.272(c) other than 
by incidental take as specified inSec. 216.272(c)(1) and (2);
    (c) Take a marine mammal specified inSec. 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 inSec. 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 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.

[[Page 108]]

    (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 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

[[Page 109]]

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.
    (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

[[Page 110]]

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) 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

[[Page 111]]

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.
    (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.

[[Page 112]]

    (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 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

[[Page 113]]

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, 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.

[[Page 114]]

    (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 inSec. 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.
    (A) The Navy shall implement a Shutdown (as definedSec. 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

[[Page 115]]

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 inSec. 
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 inSec. 
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 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

[[Page 116]]

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 inSec. 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)
 (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

[[Page 117]]

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 
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:

[[Page 118]]

(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 
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 bySec. 216.103) conducting 
the activity identified inSec. 216.270(c) (the U.S. Navy) must apply 
for and obtain either an initial Letter of Authorization in accordance 
withSec. 216.277 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 216.278

[[Page 119]]

and the modification conditions inSec. 216.279.
    (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).

[74 FR 3909, Jan. 21, 2009, as amended at 77 FR 4922, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued under Sec.Sec. 216.106 and 
216.277 for the activity identified inSec. 216.270(c) may be renewed 
upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 216.276 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt (by the dates indicated in these regulations) of 
the monitoring reports required underSec. 216.275(c) through (j); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 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 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.
    (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).

[74 FR 3909, Jan. 21, 2009, as amended at 77 FR 4922, Feb. 1, 2012]



Sec.  216.279  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or

[[Page 120]]

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 underSec. 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 inSec. 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



Subpart A [Reserved]

  Subpart B_Taking of Marine Mammals Incidental to Coastal Commercial 
    Fireworks Displays at Monterey Bay National Marine Sanctuary, CA

Sec.
217.11 Specified activity and specified geographical region.
217.12 Effective dates.
217.13 Permissible methods of taking.
217.14 Prohibitions.
217.15 Mitigation.
217.16 Requirements for monitoring and reporting.
217.17 Letters of Authorization.
217.18 Renewals and Modifications of Letters of Authorization.

Subparts C-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.

    Subpart I_Taking of Marine Mammals Incidental to Naval Explosive 
              Ordnance Disposal School Training Operations

217.80 Specified activity and specified geographical region.
217.81 Effective dates.
217.82 Permissible methods of taking.
217.83 Prohibitions.
217.84 Mitigation.
217.85 Requirements for monitoring and reporting.
217.86 Applications for Letters of Authorization.
217.87 Letters of Authorization.
217.88 Renewal and review of Letters of Authorization and adaptive 
          management.
217.89 Modifications of Letters of Authorization.

Subparts J-O [Reserved]

Subpart P_Taking Marine Mammals Incidental to Construction and Operation 
     of a Liquefied Natural Gas Deepwater Port in the Gulf of Mexico

217.151 Specified activity and specified geographical region.
217.152 Effective dates.
217.153 Permissible methods of taking.
217.154 Prohibitions.
217.155 Mitigation.
217.156 Requirements for monitoring and reporting.
217.157 Letters of Authorization.
217.158 Renewals and Modifications of Letters of Authorization.

Subpart 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.

[[Page 121]]

217.178 Renewal of Letters of Authorization and adaptive management.
217.179 Modifications of Letters of Authorization

Subparts S-T [Reserved]

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

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.

Subpart A [Reserved]



  Subpart B_Taking of Marine Mammals Incidental to Coastal Commercial 
    Fireworks Displays at Monterey Bay National Marine Sanctuary, CA

    Source: 77 FR 31544, May 29, 2012, unless otherwise noted.

    Effective Date Note: 77 FR 31544, May 29, 2012, subpart B was added, 
effective June 28, 2012 through June 28, 2017.



Sec.  217.11  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the Monterey Bay 
National Marine Sanctuary (MBNMS) and those persons it authorizes to 
display fireworks within the MBNMS for the taking of marine mammals that 
occurs in the area described in paragraph (b) of this section and that 
occurs incidental to authorization of commercial fireworks displays.
    (b) The taking of marine mammals by MBNMS may be authorized in a 
Letter of Authorization (LOA) only if it occurs in waters of the MBNMS.



Sec.  217.12  Effective dates.

    Regulations in this subpart are effective from June 28, 2012, 
through June 28, 2017.



Sec.  217.13  Permissible methods of taking.

    (a) Under LOAs issued pursuant to Sec.Sec. 216.106 and 217.17 of 
this chapter, the Holder of the LOA (hereinafter ``MBNMS'') may 
incidentally, but not intentionally, take marine mammals within the area 
described inSec. 217.11(b) of this chapter, provided the activity is 
in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.
    (b) The incidental take of marine mammals under the activities 
identified inSec. 217.11(a) of this chapter is limited to the 
following species and is limited to Level B Harassment:
    (1) Harbor seal (Phoca vitulina)--1,150 (an average of 230 annually)
    (2) California sea lion (Zalophus californianus)--21,095 (an average 
of 4,219 annually)



Sec.  217.14  Prohibitions.

    Notwithstanding takings contemplated inSec. 217.11 of this chapter 
and authorized by a LOA issued under Sec.Sec. 216.106 and 217.17 of 
this chapter, no person in connection with the activities described in 
Sec.  217.11 of this chapter may:
    (a) Take any marine mammal not specified inSec. 217.13(b) of this 
chapter;
    (b) Take any marine mammal specified inSec. 217.13(b) of this 
chapter other than by incidental, unintentional Level B harassment;
    (c) Take a marine mammal specified inSec. 217.13(b) of this 
chapter 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 LOA issued under Sec.Sec. 216.106 
and 217.17 of this chapter.

[[Page 122]]



Sec.  217.15  Mitigation.

    (a) The activity identified inSec. 217.11(a) of this chapter must 
be conducted in a manner that minimizes, to the greatest extent 
practicable, adverse impacts on marine mammals and their habitats. When 
conducting the activities identified inSec. 217.11(a) of this chapter, 
the mitigation measures contained in the LOA issued under Sec.Sec. 
216.106 and 217.17 of this chapter must be implemented. These mitigation 
measures include but are not limited to:
    (1) Limiting the location of the authorized fireworks displays to 
the four specifically designated areas at Half Moon Bay, the Santa Cruz/
Soquel area, the northeastern Monterey Breakwater, and Cambria (Santa 
Rosa Creek);
    (2) Limiting the frequency of authorized fireworks displays to no 
more than twenty total displays per year and no more than one fireworks 
display every 2 months in each of the four prescribed areas;
    (3) Limiting the duration of authorized individual fireworks 
displays to no longer than 30 minutes each, with the exception of two 
longer shows not to exceed 1 hour;
    (4) Prohibiting fireworks displays at MBNMS between March 1 and June 
30 of any year; and
    (5) Continuing to implement authorization requirements and general 
and special restrictions for each event, as determined by MBNMS. 
Standard requirements include, but are not limited to, the use of a 
ramp-up period, wherein salutes are not allowed in the first 5 minutes 
of the display; the removal of plastic and aluminum labels and 
wrappings; and post-show reporting and cleanup. MBNMS shall continue to 
assess displays and restrict the number of aerial salute effects on a 
case-by-case basis, and shall implement general and special restrictions 
unique to each fireworks event as necessary.
    (b) The mitigation measures that the individuals conducting the 
fireworks are responsible for will be included as a requirement in 
fireworks display authorizations issued by MBNMS to the individual 
entities.



Sec.  217.16  Requirements for monitoring and reporting.

    (a) MBNMS is responsible for ensuring that all monitoring required 
under a LOA is conducted appropriately, including, but not limited to:
    (1) A census of all pinnipeds in the impact area on the day prior to 
all displays, with observations to occur for no less than 30 minutes, 
and
    (2) Reporting to NMFS of all marine mammal injury, serious injury, 
or mortality observed in the vicinity of the display area. Monitoring 
for injury, serious injury, or mortality shall occur no later than the 
morning after each fireworks display, and shall occur for no less than 
30 minutes.
    (b) Unless specified otherwise in the LOA, MBNMS must submit a draft 
annual monitoring report to the Director, Office of Protected Resources, 
NMFS, no later than 60 days after the conclusion of each calendar year. 
This report must contain:
    (1) An estimate of the number of marine mammals disturbed by the 
authorized activities,
    (2) Results of the monitoring required inSec. 217.16(a) of this 
chapter, and any additional information required by the LOA. A final 
annual monitoring report must be submitted to NMFS within 30 days after 
receiving comments from NMFS on the draft report. If no comments are 
received from NMFS, the draft report will be considered to be the final 
annual monitoring report.
    (c) A draft comprehensive monitoring report on all marine mammal 
monitoring conducted during the period of these regulations must be 
submitted to the Director, Office of Protected Resources, NMFS at least 
120 days prior to expiration of these regulations. A final comprehensive 
monitoring report must be submitted to the NMFS within 30 days after 
receiving comments from NMFS on the draft report. If no comments are 
received from NMFS, the draft report will be considered to be the final 
comprehensive monitoring report.



Sec.  217.17  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, MBNMS must apply for and obtain a LOA.

[[Page 123]]

    (b) A LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, MBNMS must apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, MBNMS must apply 
for and obtain a modification of the LOA as described inSec. 217.18 of 
this chapter.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of a LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.18  Renewals and modifications of Letters of Authorization.

    (a) A LOA issued under Sec.Sec. 216.106 and 217.17 of this chapter 
for the activity identified inSec. 217.11(a) of this chapter shall be 
renewed or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision inSec. 217.18(c)(1) 
of this chapter), and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision inSec. 217.18(c)(1) of this chapter) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), NMFS may publish a notice of proposed LOA in the 
Federal Register, including the associated analysis illustrating the 
change, and solicit public comment before issuing the LOA .
    (c) A LOA issued under Sec.Sec. 217.106 and 217.17 of this chapter 
for the activity identified inSec. 217.11(a) of this chapter may be 
modified by NMFS under the following circumstances:
    (1) Adaptive Management--NMFS may modify (including augment) the 
existing mitigation, monitoring, or reporting measures (after consulting 
with MBNMS regarding the practicability of the modifications) if doing 
so creates a reasonable likelihood of more effectively accomplishing the 
goals of the mitigation and monitoring set forth in the preamble for 
these regulations.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA:
    (A) Results from MBNMS's monitoring from the previous year(s).
    (B) Results from other marine mammal and/or sound research or 
studies.
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent or number not authorized by these regulations or 
subsequent LOAs.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS will 
publish a notice of proposed LOA in the Federal Register and solicit 
public comment.
    (2) Emergencies--If NMFS determines that an emergency exists that 
poses a significant risk to the well-being of the species or stocks of 
marine mammals specified inSec. 217.13(b) of this chapter, an LOA may 
be modified without prior notice or opportunity for public comment. 
Notification would be published in the Federal Register within 30 days 
of the action.

[[Page 124]]

Subparts C-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 toSec. 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 inSec. 217.70(a), 
provided all terms, conditions, and requirements of these regulations 
and such Letter of Authorization are complied with.
    (b) The activities identified inSec. 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 underSec. 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 inSec. 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 inSec. 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 (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.

[[Page 125]]

    (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 
inSec. 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 inSec. 
217.70(a) is thought to have resulted in the take of marine mammals not 
identified inSec. 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.
    (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

[[Page 126]]

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 inSec. 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 underSec. 216.106 of this 
chapter andSec. 217.76 for the activity identified inSec. 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 underSec. 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 underSec. 217.75;
    (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

[[Page 127]]

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 underSec. 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 inSec. 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.



    Subpart I_Taking of Marine Mammals Incidental to Naval Explosive 
          Ordnance Disposal School (NEODS) Training Operations

    Source: 77 FR 16736, Mar. 22, 2012, unless otherwise noted.



Sec.  217.80  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 United States Air Force, Headquarters 96th Air Base Wing, Eglin Air 
Force Base, and those persons who engage in activities described in 
paragraphs (a)(1) through (7) of this section and the area set forth in 
paragraph (b) of this section.
    (1) NEODS missions involving underwater detonations of small, live 
explosive charges adjacent to inert mines in order to disable the mine 
function,
    (2) Live training events occurring eight times annually, averaging 
one event occurring every 6 to 7 weeks,
    (3) Four of the training events involving 5-lb charges, and four 
events involving 10-lb charges,
    (4) Up to 20 5-lb detonations and twenty 10-lb detonations annually, 
for a total of 40 detonations,
    (5) The five charges occurring for each training event shall be 
detonated individually with a maximum separation time of 20 minutes 
between each detonation,
    (6) Mine shapes and debris shall be recovered and removed from the 
Gulf of Mexico waters when training is completed, and
    (7) Each training team has two days to complete their entire 
evolution (i.e., detonation of five charges). If operations cannot be 
completed on the first live demolition day, the second live demolition 
day shall be utilized to complete the evolution.
    (b) The incidental take of marine mammals at Eglin Air Force Base, 
within the Eglin Military Complex, including three sites in the Eglin 
Gulf

[[Page 128]]

Test and Training Range at property off Santa Rosa Island, Florida, in 
the northern Gulf of Mexico, under the activity identified in paragraph 
(a) of this section, is limited to the following species: Atlantic 
bottlenose dolphins (Tursiops truncatus).
    (1) The latitude/longitude of corners of W-151 in the Eglin Gulf 
Test and Training Range are:
    (i) 30.24006[deg] North, -86.808838[deg] West
    (ii) 29.539011[deg] North, -84.995536[deg] West
    (iii) 28.03949[deg] North, -85.000147[deg] West
    (iv) 28.027598[deg] North, -85.199395[deg] West
    (v) 28.505304[deg] North, -86.799043[deg] West
    (2) The latitude/longitude of corners of W-151A in the Eglin Gulf 
Test and Training Range are:
    (i) 30.24006[deg] North, -86.808838[deg] West
    (ii) 30.07499[deg] North, -85.999327[deg] West
    (iii) 29.179968[deg] North, -85.996341[deg] West
    (iv) 29.384439[deg] North, -86.802579[deg] West



Sec.  217.81  Effective dates.

    Regulations in this subpart are effective from April 23, 2012, 
through April 24, 2017.



Sec.  217.82  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant toSec. 216.106 
of this chapter andSec. 217.87, the U.S. Department of the Air Force, 
Headquarters 96th Air Base Wing, Eglin Air Force Base (U.S. Air Force), 
its contractors, and clients, may incidentally, but not intentionally, 
take marine mammals by Level B harassment, within the area described in 
Sec.  217.80, provided the activity is in compliance with all terms, 
conditions, and requirements of these regulations and the appropriate 
Letter of Authorization.
    (b) The incidental taking of marine mammals is authorized for the 
species listed inSec. 217.80(b) and is limited to Level B harassment.
    (c) The incidental taking of an average of 10 individuals annually 
and 50 individuals during the 5-year rule, for Atlantic bottlenose 
dolphins.
    (d) The U.S. Air Force shall suspend NEODS training operations until 
it obtains additional authorization for the take of marine mammals if:
    (1) A marine mammal is injured, seriously injured, or killed during 
training operations;
    (2) The injury, serious injury, or death could be associated with 
the activities; and
    (3) After coordination and concurrence with NMFS, the U.S. Air Force 
determines that supplementary measures are unlikely to reduce the risk 
of injury, serious injury or death to a very low level, require the U.S. 
Air Force to suspend its activities until an authorization for such 
taking has been obtained.



Sec.  217.83  Prohibitions.

    Notwithstanding takings contemplated inSec. 217.80 and authorized 
by a Letter of Authorization issued under Sec.Sec. 216.106 of this 
chapter and 217.87, no person in connection with the activities 
described inSec. 217.80 may:
    (a) Take any marine mammal not specified inSec. 217.80(b);
    (b) Take any marine mammal specified inSec. 217.80(b) other than 
by incidental take as specified inSec. 217.82(a) through (d);
    (c) Take a marine mammal specified inSec. 217.80(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 of this chapter and 217.87.



Sec.  217.84  Mitigation.

    (a) The activity identified inSec. 217.80(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 inSec. 217.80(a), the mitigation measures contained in the 
Letter of Authorization issued under Sec.Sec. 216.106 of this chapter 
and 217.87 must be implemented. These mitigation measures include (but 
are not limited to):
    (1) Underwater detonations using timed delay devices will only be 
conducted during daylight hours. The time of detonation shall be limited 
to an hour after sunrise and an hour before sunset.
    (2) NEODS missions shall be postponed if:

[[Page 129]]

    (i) The Beaufort sea state is greater than scale number three. Such 
a delay would maximize detection of marine mammals.
    (ii) Large concentrations of fish, jellyfish, and/or large Sargassum 
rafts are observed within the mitigation-monitoring zone. The delay 
would continue until the fish, jellyfish, and/or Sargassum rafts that 
cause the postponement are confirmed to be outside the mitigation-
monitoring zone.
    (3) Time delays longer than 10 minutes will not be used. Initiation 
of the timer device will not start until the mitigation-monitoring zone 
is clear of marine mammals for 30 minutes.
    (4) A calculated mitigation-monitoring zone will be established 
around each underwater detonation location based on charge weight and 
length of time-delay used. When conducting surveys within the 
mitigation-monitoring zone radius (but always outside the detonation 
plume radius/human safety zone) and travel in a circular pattern around 
the detonation point, surveying the inner (toward the detonation site) 
and outer (away from the detonation site) areas. For a survey radius of 
914.4 meters, the boat will be positioned at 457.2 meters from the 
detonation point. Similarly, for a survey radius of 1,280.2 meters, 
boats will be positioned at 640.1 meter distance.
    (5) For a survey radius of 914.4 meters, two boats are required. For 
a radius of 1,280.2 meters, either three boats or two boats/one 
helicopter are required.
    (6) When using two boats, each boat will be positioned on opposite 
sides of the detonation location, separated by 180 degrees. When using 
three boats, each boat will be separated by 120 degrees (equidistant 
from each other).
    (7) Two observers in each boat will conduct continuous visual 
surveys of the mitigation-monitoring zone for the entire duration of the 
training event, including at least 30 minutes prior to detonation. 
Observers will search the mitigation-monitoring zone for the presence of 
marine mammals, and other marine species such as sea turtles, diving 
birds, large concentrations of fish or jellyfish, and large Sargassum 
mats. The presence of diving birds, fish, jellyfish, and Sargassum may 
indicate an increased likelihood of dolphin presence.
    (8) To the extent practicable, boats will maintain 18.5 kilometer 
per hour search speed. This search speed is expected to ensure adequate 
coverage of the buffer zone. While weather conditions and sea state may 
require slower speeds in some instances, 18.5 kilometers per hour is 
considered a prudent, safe, and executable speed that will allow 
adequate surveillance. For a 914.4 meter survey zone, a boat traveling 
at 18.5 kilometers per hour and 457.2 meters from the detonation point 
would circle the point approximately 3.2 times during a 30 minute survey 
period. By using two boats, approximately 6.4 circles would be completed 
in total. Similarly, for a 1,280.2 meter radius, each boat would circle 
the detonation point approximately 2.3 times within 30 minutes, and use 
of three boats would result in 6.9 total circles.
    (9) If available, a U.S. Navy helicopter can be used in lieu of one 
of the survey boats, so long as safety of flight is not jeopardized. 
U.S. Navy helicopter pilots are trained to conduct searches for 
relatively small objects in the water, such as a missing person. A 
helicopter search pattern is dictated by standard U.S. Navy protocols 
and accounts for multiple variables, such as size and shape of the 
search area, size of the object, and environmental conditions, among 
others.
    (10) The mitigation-monitoring zone will be surveyed for 30 minutes 
prior to detonation and continue for 30 minutes after detonation 
(concentrated on the area down current of the test site), in order to 
monitor for marine mammals and other protected species. It is the U.S. 
Air Force's (on behalf of the U.S. Navy) intent to conduct five 
successive detonations with a maximum time of 20 minutes between 
detonations, although a variety of factors can cause a delay of longer 
than 20 minutes between detonations, although a variety of factors can 
cause a delay of longer than 20 minutes, including a delay until the 
following day. Monitoring would continue during the 20 minutes time 
between detonations, and would serve as both post-detonation monitoring 
as well as pre-mission monitoring for the next detonation. If the

[[Page 130]]

time between detonations is delayed beyond 20 minutes, post-mission 
monitoring will be conducted for 30 minutes. At the conclusion of the 
final detonation, post-monitoring will be conducted for 30 minutes.
    (11) Other personnel besides designated observers shall also 
maintain situational awareness of the presence of marine mammals within 
the mitigation-monitoring zone to the extent practicable given dive 
safety considerations.
    (12) Divers placing the charges on mines will observe the immediate 
underwater area around the detonation site for marine mammals and other 
marine species such as diving birds, sea turtles, and Gulf sturgeon, and 
report sightings to surface observers.
    (13) If a marine mammal is sighted within an established mitigation-
monitoring zone or moving towards it, underwater detonation events will 
be postponed or suspended until the marine mammal that caused the 
postponement/suspension of training operations has voluntarily left the 
area and the area is clear of marine mammals for at least 30 minutes.
    (14) If a marine mammal is detected within or about to enter an 
established mitigation-monitoring zone and subsequently cannot be 
reacquired, the mission will be postponed or suspended until the last 
verified location is outside the mitigation-monitoring zone, the animals 
is moving away from the area, and the area is clear of marine mammals 
for at least 30 minutes.
    (15) Any marine mammal observed after an underwater detonation 
either injured or exhibiting signs of distress will be reported to Eglin 
Air Force Base. Eglin Air Force Base will coordinate with other members 
of marine mammal stranding networks, as appropriate, and report these 
events to NMFS or U.S. Fish and Wildlife Service. The report will 
contain date and time of sighting, location, species description, and 
indications of the animal's status.
    (16) Training operations shall be suspended if the conditions of 
Sec.  217.83(a)-(d) regarding the injury, serious injury, or death of a 
marine mammal during NEODS training operations are met.
    (17) Additional mitigation measures as contained in a Letter of 
Authorization.
    (b) [Reserved]



Sec.  217.85  Requirements for monitoring and reporting.

    (a) Holders of Letters of Authorization pursuant toSec. 216.106 of 
this chapter andSec. 217.87 for activities described inSec. 
216.80(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, Southeast Region, NMFS, by letter or telephone, prior to 
activities possibly involving the taking of marine mammals. If the 
authorized activity identified inSec. 217.80(a) is thought to have 
resulted in the mortality or injury of any marine mammals or in any take 
of marine mammals not identified inSec. 217.80(b), then the Holder of 
the Letter of Authorization must, in addition to complying with the 
requirements ofSec. 217.82(a)-(d), notify the Director, Office of 
Protected Resources, NMFS, or designee, by telephone (301-427-8400), 
within 24 hours of the discovery of the injured or dead animal.
    (b) Holders of Letters of Authorization must designate trained, 
qualified, on-site individuals approved in advance by NMFS, as specified 
in the Letter of Authorization, to perform the following monitoring 
requirements:
    (1) For NEODS testing, areas to be used in missions shall be 
visually monitored for marine mammal presence from a surface support 
vessel prior to detonation of mine neutralization charges. Monitoring 
shall be conducted 30 minutes before missions to clear the mitigation-
monitoring zone. Post-mission monitoring shall also be conducted for 30 
minutes after the final detonation (concentrated on the area down 
current of the test site). If marine mammals are inside the mitigation-
monitoring zone, detonations shall be postponed until they have left the 
area. The observer on the vessel

[[Page 131]]

must be equipped with the proper optical equipment and lines of 
communication in order to recommend the decision to move forward with 
the mission.
    (2) Monitoring shall occur pre-mission (for 30 minutes), throughout 
the mission, and post-mission (for 30 minutes). Post-mission monitoring 
shall concentrate on the area down current of the test site.
    (3) Survey clearance procedures shall be conducted using best 
operational methods possible. After the mitigation-monitoring zone is 
cleared, all dolphins and protected species indicators (e.g., Sargassum 
rafts) shall be avoided to the maximum extent possible.
    (4) Clearance procedures shall be re-conducted if dolphins or 
protected species indicators (e.g., Sargassum rafts) are encountered.
    (5) After conducting post-mission monitoring, NEODS training 
operations data as required by Eglin Air Force Base's Natural Resources 
Section, 96 CEG/CEVSN shall be reported. Post-mission monitoring shall 
commence immediately following each detonation and shall be concentrated 
on the area down current of the test site. If any injured or dead marine 
mammals are observed, that information will be reported and coordinated 
with marine animals stranding networks.
    (6) An annual summary (coordinated through 96 CEG/CEVSN) of mission 
observations shall be submitted to: NMFS, Southeast Regional Office, 
Protected Resources Division, 9721 Executive Center Drive North, St. 
Petersburg, Florida 33702; and NMFS, Office of Protected Resources, 1315 
East West Highway, Silver Spring, Maryland 20910.
    (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 an annual report 
summarizing the specified activity as well as monitoring and mitigation 
data to the Southeast Regional Administrator and Director of the Office 
of Protected Resources, NMFS, within 90 days after the conclusion of the 
NEODS training operations. This report must contain the following 
information:
    (1) Date(s), time(s), and location(s) of explosive activities,
    (2) Design of the monitoring program,
    (3) Results of the monitoring program including, but not necessarily 
limited to:
    (i) Species counts,
    (ii) Numbers of observed disturbances,
    (iii) Descriptions of the disturbance behaviors before, during, and 
after explosive activities,
    (iv) Bearing and distances,
    (v) Observations of unusual behaviors, numbers, or distributions of 
marine mammals in the activity area shall be reported to NMFS and the 
U.S. Fish and Wildlife Service so that any potential follow-up 
observations can be conducted by the appropriate personnel. In addition, 
observations of tag-bearing marine mammals, sea turtles, and fish 
carcasses as well as any rare or unusual species of marine mammals and 
fish shall be reported to NMFS and U.S. Fish and Wildlife Service.
    (e) An annual report (referred to inSec. 217.85(d)) must be 
submitted at the time of notification of the renewal of the Letter of 
Authorization.
    (f) A draft comprehensive final report must be submitted at least 
180 days prior to expiration of these 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 Letter of Authorization. A revised final comprehensive 
technical report, including all monitoring results during the entire 
period of the Letters of Authorization, must be submitted 90 days after 
the end of the period of effectiveness of the regulations. This report 
shall summarize the activities undertaken and the results reported in 
all previous reports.
    (g)(1) In the unanticipated event that the specified activity 
clearly causes the take of a marine mammal in a manner prohibited by a 
Letter of Authorization, such as an injury, serious injury, or 
mortality, Eglin Air Force Base will immediately cease the specified 
activities and immediately report the incident to the Chief of the 
Permits and Conservation Division, Office of

[[Page 132]]

Protected Resources, NMFS at 301-427-8401 and/or by email to 
[email protected] and [email protected], and the NMFS 
Southeast Regional Marine Mammal Stranding Network at 877-433-8299 
([email protected] and [email protected]) (Florida Marine Mammal 
Stranding Hotline at 888-404-3922). The report must include the 
following information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) Description of the incident;
    (iii) Status of all noise-generating source use in the 24 hours 
preceding the incident;
    (iv) Water depth;
    (v) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (vi) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (vii) Species identification or description of the animal(s) 
involved;
    (viii) Fate of the animal(s); and
    (ix) Photographs or video footage of the animal(s) (if equipment is 
available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with Eglin Air 
Force Base to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Eglin Air Force Base 
may not resume their activities until notified by NMFS via letter or 
email, or telephone.
    (2) In the event that Eglin Air Force Base discovers an injured or 
dead marine mammal, and the lead observer determines that the cause of 
injury or death is unknown and the death is relatively recent (i.e., 
less than a moderate state of decomposition as described in the next 
paragraph), Eglin Air Force Base will immediately report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401, and/or by email to 
[email protected] and [email protected] and the NMFS 
Southeast Region Marine Mammal Stranding Network (877-433-8299) and/or 
by email to the Southeast Regional Stranding Coordinator 
([email protected]) and Southeast Regional Stranding Program 
Administrator ([email protected]). The report must include the same 
information identified in the paragraph above. Activities may continue 
while NMFS reviews the circumstances of the incident, NMFS will work 
with Eglin Air Force Base to determine whether modifications in the 
activities are appropriate.
    (3) In the event that Eglin Air Force Base discovers an injured or 
dead marine mammal, and the lead observer determines that the injury or 
death is not associated with or related to the activities authorized in 
the Letter of Authorization (e.g., previously wounded animal, carcass 
with moderate to advanced decomposition, or scavenger damage), Eglin Air 
Force Base will report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401, and/or by email to [email protected] and 
[email protected], and the NMFS Southeast Regional Marine Mammal 
Stranding Network (877-433-8299), and/or by email to the Southeast 
Regional Stranding Coordinator ([email protected]) and Southeast 
Regional Stranding Program Administrator ([email protected]), 
within 24 hours of discovery. Eglin Air Force Base will provide 
photographs or video footage (if available) or other documentation of 
the stranded animals sighting to NMFS and the Marine Mammal Stranding 
Network.



Sec.  217.86  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the U.S. citizen (as defined bySec. 216.103) conducting 
the activity identified inSec. 217.80(a) must apply for and obtain 
either an initial Letter of Authorization in accordance withSec. 
217.87 or a renewal underSec. 217.88.
    (b) The application must be submitted to NMFS at least 30 days 
before the activity is scheduled to begin.
    (c) Application for a Letter of Authorization and for renewals of 
Letters of Authorization must include the following:

[[Page 133]]

    (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 marine mammals.
    (e) [Reserved]



Sec.  217.87  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 shall have no more than a negligible impact 
on the affected species or stock of marine mammal(s).



Sec.  217.88  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 217.87 for the activity identified inSec. 217.80(a) 
shall be renewed upon a 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 underSec. 217.86 shall be undertaken and there shall not be 
a substantial modification to the described work, mitigation or 
monitoring undertaken during the upcoming 12 months;
    (2) NMFS has received, reviewed, and accepted the monitoring reports 
required underSec. 217.85(d) and (e) and the Letter of Authorization 
issued underSec. 217.87;
    (3) NMFS determines that the mitigation, monitoring, and reporting 
measures required under Sec.Sec. 217.84 and 217.85 and the Letter of 
Authorization issued under Sec.Sec. 216.106 and 217.87 of this 
chapter, were undertaken and shall be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization; and
    (4) NMFS makes the determination required bySec. 217.87(c).
    (b) If either a request for a renewal of a Letter of Authorization 
issued underSec. 216.106 of this chapter andSec. 217.88, 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 shall occur, NMFS shall publish a proposed 
modification to the Letter of Authorization in the Federal Register and 
provide the public a period of 30 days for review and comment. Review 
and comment on renewals or modifications 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 shall be published in the Federal Register.
    (d) Adaptive Management--NMFS may modify or augment the existing 
mitigation or monitoring measures (after consulting with the U.S. Air 
Force 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

[[Page 134]]

data that could contribute to the decision to modify the mitigation or 
monitoring measures:
    (1) Results from the U.S. Air Force's monitoring from the previous 
year;
    (2) Results from 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 Letters of Authorization.



Sec.  217.89  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 toSec. 216.106 of this 
chapter andSec. 217.87 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 underSec. 217.88, 
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 inSec. 217.80(b), a Letter of 
Authorization issued pursuant toSec. 216.106 of this chapter andSec. 
217.87 of this chapter may be substantively modified without prior 
notification and an opportunity for public comment. Notification shall 
be published in the Federal Register within 30 days subsequent to the 
action.

Subparts J-O [Reserved]



Subpart P_Taking Marine Mammals Incidental to Construction and Operation 
     of a Liquefied Natural Gas Deepwater Port in the Gulf of Mexico

    Source: 78 FR 20816, Apr. 8, 2013, unless otherwise noted.

    Effective Date Note: At 78 FR 20816, Apr. 8, 2013, subpart P was 
added, effective June 1, 2013 to May 31, 2018.



Sec.  217.151  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to Port Dolphin Energy 
LLC (Port Dolphin) 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 
construction and operation of the Port Dolphin Deepwater Port (Port).
    (b) The taking of marine mammals by Port Dolphin may be authorized 
in a Letter of Authorization (LOA) only if it occurs in the vicinity of 
the Port Dolphin Deepwater Port in the eastern Gulf of Mexico or along 
the associated pipeline route.



Sec.  217.152  Effective dates.

    Regulations in this subpart are effective from June 1, 2013, through 
May 31, 2018.



Sec.  217.153  Permissible methods of taking.

    (a) Under LOAs issued pursuant to Sec.Sec. 216.106 and 217.157 of 
this chapter, the Holder of the LOA (hereinafter ``Port Dolphin'') may 
incidentally, but not intentionally, take marine mammals within the area 
described inSec. 217.151(b) of this chapter, provided the activity is 
in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.
    (b) The incidental take of marine mammals under the activities 
identified inSec. 217.151(a) of this chapter is limited to the 
following species and is limited to Level B Harassment:
    (1) Bottlenose dolphin (Tursiops truncatus)--3,388 (860 the first 
year and an average of 632 annually thereafter)
    (2) Atlantic spotted dolphin (Stenella frontalis)--1,274 (290 the 
first year and an average of 246 annually thereafter)



Sec.  217.154  Prohibitions.

    Notwithstanding takings contemplated inSec. 217.151 of this 
chapter and authorized by a LOA issued under Sec.Sec. 216.106 and 
217.157 of this chapter, no

[[Page 135]]

person in connection with the activities described inSec. 217.151 of 
this chapter may:
    (a) Take any marine mammal not specified inSec. 217.153(b) of this 
chapter;
    (b) Take any marine mammal specified inSec. 217.153(b) of this 
chapter other than by incidental, unintentional Level B Harassment;
    (c) Take a marine mammal specified inSec. 217.153(b) of this 
chapter 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 LOA issued under Sec.Sec. 216.106 
and 217.157 of this chapter.



Sec.  217.155  Mitigation.

    (a) When conducting the activities identified inSec. 217.151(a) of 
this chapter, the mitigation measures contained in any LOA issued under 
Sec.Sec. 216.106 and 217.157 of this chapter must be implemented. 
These mitigation measures include but are not limited to:
    (1) General Conditions:
    (i) Briefings shall be conducted between the Port Dolphin project 
construction supervisors and the crew, protected species observer(s) 
(PSO), and acoustic monitoring team prior to the start of all 
construction activity, and when new personnel join the work, to explain 
responsibilities, communication procedures, protected species monitoring 
protocol, and operational procedures.
    (ii) Port Dolphin shall comply with all applicable equipment sound 
standards and ensure that all construction equipment has sound control 
devices no less effective than those provided on the original equipment. 
Vessel crew and contractors shall minimize the production of underwater 
sound to the extent possible. Equipment and/or procedures used may 
include the use of enclosures and mufflers on equipment, minimizing the 
use of thrusters, and turning off engines and equipment when not in use.
    (iii) All vessels associated with Port Dolphin construction and 
operations shall comply with NMFS Vessel Strike Avoidance Measures and 
Reporting for Mariners and applicable regulations. All vessels 
associated with Port Dolphin construction and operations shall remain 
500 yd (457 m) away from North Atlantic right whales (Eubalaena 
glacialis) and 100 yd (91 m) away from all other marine mammals, except 
in cases where small marine mammals (i.e., delphinids) voluntarily 
approach within 100 yd or unless constrained by human safety concerns or 
navigational constraints.
    (2) Shutdown and Monitoring:
    (i) Shutdown zone: For all stationary activities, shutdown zones 
shall be established. These zones shall include all areas where 
underwater sound pressure levels (SPLs) are anticipated to equal or 
exceed 180 dB re: 1 [micro]Pa rms, as determined by modeled scenarios 
approved by NMFS for each specific activity. The actual size of these 
zones shall be empirically determined and reported by Port Dolphin. For 
all non-stationary activities (e.g., pipeline burial, shuttle 
regasification vessel (SRV) maneuvering), Port Dolphin shall adhere to 
Vessel Strike Avoidance Measures described inSec. 217.155(a)(1)(iii) 
of this chapter, but shall not otherwise be required to establish 
shutdown zones.
    (ii) Disturbance zone: For all construction activities, disturbance 
zones shall be established. For impact pile driving, these zones shall 
include all areas where underwater SPLs are anticipated to equal or 
exceed 160 dB re: 1 [micro]Pa rms. For all other activities these zones 
shall include all areas where underwater SPLs are anticipated to equal 
or exceed 120 dB re: 1 [micro]Pa rms. These zones shall be established 
on the basis of modeled scenarios approved by NMFS for each specific 
activity. The actual size of disturbance zones shall be empirically 
determined and reported by Port Dolphin, and on-site PSOs shall be aware 
of the size of these zones. However, because of the large size of these 
zones, monitoring of the zone is required only to maximum line-of-sight 
distance from established monitoring locations.
    (iii) Visual monitoring shall occur for all construction activities. 
The following measures shall apply:
    (A) Zones shall be monitored from the appropriate vessel or work 
platform, or other suitable vantage point. Port Dolphin shall at all 
times employ,

[[Page 136]]

at minimum, two PSOs in association with each concurrent specified 
construction activity.
    (B) Shutdown zones shall be monitored for the presence of marine 
mammals before, during, and after construction activity. For all 
activities, the shutdown zone shall be monitored for 30 minutes prior to 
initiating the start of activity and for 30 minutes following the 
completion of activity. If marine mammals are present within the 
shutdown zone prior to initiating activity, the start shall be delayed 
until the animals leave the shutdown zone of their own volition or until 
15 minutes has elapsed without observing the animal. If a marine mammal 
is observed within or approaching the shutdown zone, activity shall be 
halted as soon as it is safe to do so, until the animal is observed 
exiting the shutdown zone or 15 minutes has elapsed. If a marine mammal 
is observed within the disturbance zone, a take shall be recorded and 
behaviors documented.
    (C) PSOs shall be on watch at all times during daylight hours when 
in-water operations are being conducted, unless conditions (e.g., fog, 
rain, darkness) make observations impossible. The lead PSO on duty shall 
make this determination. If conditions deteriorate during daylight hours 
such that the sea surface observations are halted, visual observations 
must resume as soon as conditions permit. While activities will be 
permitted to continue during low-visibility conditions, they must have 
been initiated following proper clearance of the shutdown zone under 
acceptable observation conditions and must be restarted, if halted for 
any reason, using the appropriate shutdown zone clearance procedures as 
described inSec. 217.155(a)(2)(iii)(B) of this chapter.
    (3) Pile driving:
    (i) A minimum shutdown zone of 250 m radius shall be established 
around all impact pile driving activity.
    (ii) Contractors shall reduce the power of impact hammers to minimum 
energy levels required to drive a pile.
    (iii) Port Dolphin shall use a sound attenuation measure for impact 
driving of pilings. Prior to beginning construction, Port Dolphin must 
provide information to NMFS about the device to be used, including 
technical specifications. NMFS must approve use of the device before 
construction may begin. If a bubble curtain or similar measure is used, 
it shall distribute small air bubbles around 100 percent of the piling 
perimeter for the full depth of the water column. Any other attenuation 
measure (e.g., temporary sound attenuation pile) must provide 100 
percent coverage in the water column for the full depth of the pile. 
Prior to any impact pile driving, a performance test of the sound 
attenuation device must be conducted in accordance with a NMFS-approved 
acoustic monitoring plan. If a bubble curtain or similar measure is 
utilized, the performance test shall confirm the calculated pressures 
and flow rates at each manifold ring.
    (iv) Ramp-up:
    (A) A ramp-up technique shall be used at the beginning of each day's 
in-water pile driving activities and if pile driving resumes after it 
has ceased for more than 1 hour.
    (B) If a vibratory driver is used, contractors shall be required to 
initiate sound from vibratory hammers for 15 seconds at reduced energy 
followed by a 1-minute waiting period. The procedure shall be repeated 
two additional times before full energy may be achieved.
    (C) If a non-diesel impact hammer is used, contractors shall be 
required to provide an initial set of strikes from the impact hammer at 
reduced energy, followed by a 1-minute waiting period, then two 
subsequent sets.
    (D) If a diesel impact hammer is used, contractors shall be required 
to turn on the sound attenuation device for 15 seconds prior to 
initiating pile driving.
    (v) No impact pile driving shall occur when visibility in the 
shutdown zone is significantly limited, such as during heavy rain or 
fog.
    (4) Additional mitigation measures:
    (i) Use of lights during construction activities shall be limited to 
areas where work is actually occurring, and all other lights must be 
extinguished. Lights must be shielded such that they illuminate the deck 
and do not intentionally illuminate surrounding waters, to the extent 
possible.

[[Page 137]]

    (ii) Additional mitigation measures as contained in a LOA issued 
under Sec.Sec. 216.106 and 217.157 of this chapter.
    (b) [Reserved]



Sec.  217.156  Requirements for monitoring and reporting.

    (a) Visual monitoring program:
    (1) Port Dolphin shall employ, at minimum, two qualified PSOs during 
specified construction-related activities at each site where such 
activities are occurring. All PSOs must be selected in conformance with 
NMFS' minimum qualifications, as described in the preamble to this rule, 
and must receive training sponsored by Port Dolphin, with topics to 
include, at minimum, implementation of the monitoring protocol, 
identification of marine mammals, and reporting requirements. The PSOs 
shall be responsible for visually locating marine mammals in the 
shutdown and disturbance zones and, to the extent possible, identifying 
the species. PSOs shall record, at minimum, the following information:
    (i) A count of all marine mammals observed by species, sex, and age 
class, when possible.
    (ii) Their location within the shutdown or disturbance zone, and 
their reaction (if any) to construction activities, including direction 
of movement.
    (iii) Activity that is occurring at the time of observation, 
including time that activity begins and ends, any acoustic or visual 
disturbance, and time of the observation.
    (iv) Environmental conditions, including wind speed, wind direction, 
visibility, and temperature.
    (2) Port Dolphin shall sponsor a training course to designated crew 
members assigned to vessels associated with construction activities or 
support of operations 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 a LOA, sighting log 
requirements, provisions of NMFS Vessel Strike Avoidance Measures and 
Reporting for Mariners, and procedures for reporting injured or dead 
marine mammals.
    (3) Monitoring shall be conducted using appropriate binoculars, such 
as 8x50 marine binoculars. When possible, digital video or still cameras 
shall also be used to document the behavior and response of marine 
mammals to construction activities or other disturbances.
    (4) Each PSO shall have two-way communication capability for contact 
with other PSOs or work crews. PSOs shall implement shut-down or delay 
procedures when applicable by calling for the shut-down to the 
equipment/vessel operator.
    (5) A GPS unit and/or appropriate range finding device shall be used 
for determining the observation location and distance to marine mammals, 
vessels, and construction equipment.
    (b) Acoustic monitoring program:
    (1) Acoustic monitoring must be conducted in accordance with the 
NMFS-approved acoustic monitoring plan.
    (2) Port Dolphin shall provide NMFS with empirically measured source 
level data for designated sources of sound associated with Port 
construction and operation activities and shall verify distances to 
relevant sound thresholds. Measurements shall be carefully coordinated 
with sound-producing activities.
    (3) [Reserved]
    (c) Reporting--Port Dolphin must implement the following reporting 
requirements:
    (1) A report of data collected during monitoring shall be submitted 
to NMFS following conclusion of construction activities. Subsequent 
reports concerning Port operations shall be submitted annually. The 
reports shall include:
    (i) All data required to be collected during monitoring, as 
described underSec. 217.156(a) of this chapter, including observation 
dates, times, and conditions;
    (ii) Correlations of observed behavior with activity type and 
received levels of sound, to the extent possible; and
    (iii) Estimations of total incidental take of marine mammals, 
extrapolated from observed incidental take.
    (2) Port Dolphin shall also submit a report(s) concerning the 
results of all

[[Page 138]]

acoustic monitoring. Acoustic monitoring reports shall include 
information as described in a NMFS-approved acoustic monitoring plan.
    (3) Reporting injured or dead marine mammals:
    (i) In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by a LOA (if 
issued), such as an injury (Level A harassment), serious injury, or 
mortality, Port Dolphin shall immediately cease the specified activities 
and report the incident to the Chief of the Permits and Conservation 
Division, Office of Protected Resources, NMFS, and the Southeast 
Regional Stranding Coordinator, NMFS. The report must include the 
following information:
    (A) Time and date of the incident;
    (B) Description of the incident;
    (C) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (D) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (E) Species identification or description of the animal(s) involved;
    (F) Fate of the animal(s); and
    (G) Photographs or video footage of the animal(s).


Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with Port Dolphin 
to determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Port Dolphin may not 
resume their activities until notified by NMFS.
    (ii) In the event that Port Dolphin discovers an injured or dead 
marine mammal, and the lead PSO determines that the cause of the injury 
or death is unknown and the death is relatively recent (e.g., in less 
than a moderate state of decomposition), Port Dolphin shall immediately 
report the incident to the Chief of the Permits and Conservation 
Division, Office of Protected Resources, NMFS, and the Southeast 
Regional Stranding Coordinator, NMFS. The report must include the same 
information identified inSec. 217.156(b)(3)(i) of this chapter. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with Port Dolphin to determine whether 
additional mitigation measures or modifications to the activities are 
appropriate.
    (iii) In the event that Port Dolphin discovers an injured or dead 
marine mammal, and the lead PSO determines that the injury or death is 
not associated with or related to the activities authorized in the LOA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Port Dolphin shall report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS, and the Southeast Regional Stranding 
Coordinator, NMFS, within 24 hours of the discovery. Port Dolphin shall 
provide photographs or video footage or other documentation of the 
stranded animal sighting to NMFS.
    (4) Annual reports. (i) A report summarizing all marine mammal 
monitoring and construction activities shall be submitted to NMFS, 
Office of Protected Resources, and NMFS, Southeast Regional Office 
(specific contact information to be provided in LOA) following the 
conclusion of construction activities. Thereafter, Port Dolphin shall 
submit annual reports summarizing operations activities.
    (ii) The annual reports shall include data collected for each marine 
mammal species observed in the project area. 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 activities shall also be included in the reports. Additional 
information that shall be recorded during activities and contained in 
the reports include: date and time of marine mammal detections, weather 
conditions, species identification, approximate distance from the 
source, and activity at the construction site when a marine mammal is 
sighted. Port Dolphin shall extrapolate observed incidences of take to 
provide an estimate of actual incidences of take.
    (5) Five-year comprehensive report. (i) Port Dolphin shall submit a 
draft comprehensive final report to NMFS, Office of Protected Resources, 
and NMFS,

[[Page 139]]

Southeast Regional Office (specific contact information to be provided 
in LOA) 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 
4.5 years of the activities conducted under the regulations in this 
subpart.
    (ii) Port Dolphin 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, 
Southeast Regional Office (specific contact information to be provided 
in LOA).



Sec.  217.157  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, Port Dolphin must apply for and obtain a LOA.
    (b) A LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, Port Dolphin must apply for and obtain a renewal of the 
LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, Port Dolphin must 
apply for and obtain a modification of the LOA as described inSec. 
217.158 of this chapter.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of a LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.158  Renewals and modifications of Letters of Authorization.

    (a) A LOA issued under Sec.Sec. 216.106 and 217.157 of this 
chapter for the activity identified inSec. 217.151(a) of this chapter 
shall be renewed or modified upon request by the applicant, provided 
that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision inSec. 
217.158(c)(1) of this chapter).
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision inSec. 217.158(c)(1) of this chapter) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), NMFS may publish a notice of proposed LOA in the 
Federal Register, including the associated analysis of the change, and 
solicit public comment before issuing the LOA.
    (c) A LOA issued under Sec.Sec. 216.106 and 217.157 of this 
chapter for the activity identified inSec. 217.151(a) of this chapter 
may be modified by NMFS under the following circumstances:
    (1) Adaptive Management--NMFS may modify (including augment) the 
existing mitigation, monitoring, or reporting measures (after consulting 
with Port Dolphin regarding the practicability of the modifications) if 
doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of the mitigation and monitoring set forth in 
the preamble for these regulations.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA:
    (A) Results from Port Dolphin's monitoring from the previous 
year(s).

[[Page 140]]

    (B) Results from other marine mammal and/or sound research or 
studies.
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent or number not authorized by these regulations or 
subsequent LOAs.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS will 
publish a notice of proposed LOA in the Federal Register and solicit 
public comment.
    (2) Emergencies--If NMFS determines that an emergency exists that 
poses a significant risk to the well-being of the species or stocks of 
marine mammals specified inSec. 217.153(b) of this chapter, an LOA may 
be modified without prior notice or opportunity for public comment. 
Notice would be published in the Federal Register within 30 days of the 
action.

Subpart 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 
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 inSec. 
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 inSec. 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).

[[Page 141]]

    (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 inSec. 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 
inSec. 217.170 may:
    (a) Take any marine mammal not specified inSec. 217.172(b);
    (b) Take any marine mammal specified inSec. 217.172(b) other than 
by incidental, unintentional Level B Harassment;
    (c) Take a marine mammal specified inSec. 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 inSec. 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 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

[[Page 142]]

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 inSec. 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 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

[[Page 143]]

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.
    (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

[[Page 144]]

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 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

[[Page 145]]

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;
    (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;

[[Page 146]]

    (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, 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 bySec. 216.103) conducting 
the activity identified inSec. 217.170(a) (i.e., Neptune) must apply 
for and obtain either an initial Letter of Authorization in accordance 
withSec. 217.177 or a renewal underSec. 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).

[[Page 147]]



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 inSec. 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 underSec. 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 underSec. 
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 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 underSec. 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 inSec. 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]

[[Page 148]]



 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 inSec. 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 toSec. 216.106 
of this chapter andSec. 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 inSec. 
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 inSec. 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.



Sec.  217.203  Prohibitions.

    Notwithstanding takings contemplated inSec. 217.202(b) and 
authorized by a Letter of Authorization issued underSec. 216.106 of 
this chapter andSec. 217.207, no person in connection with the 
activities described inSec. 217.200 may:
    (a) Take any marine mammal not specified inSec. 217.202(b);
    (b) Take any marine mammal specified inSec. 217.202(b) other than 
by incidental, unintentional Level B harassment;
    (c) Take a marine mammal specified inSec. 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 andSec. 217.207.



Sec.  217.204  Mitigation.

    (a) When conducting operations identified inSec. 217.200(a), the 
mitigation measures contained in the Letter of Authorization, issued 
underSec. 216.106 of this chapter andSec. 217.207, must be 
implemented. These mitigation measures are:
    (1) Through monitoring described underSec. 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

[[Page 149]]

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 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 toSec. 
216.106 of this chapter andSec. 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

[[Page 150]]

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 inSec. 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 inSec. 
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 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 bySec. 216.103 of this 
chapter) conducting the activity identified inSec. 217.200(a) (the 
Port of Anchorage and MARAD) must apply for and obtain either an initial 
Letter of Authorization in accordance withSec. 217.207 or a renewal 
underSec. 217.208.

[[Page 151]]

    (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 inSec. 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 inSec. 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 inSec. 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.
    (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 underSec. 216.106 of this 
chapter andSec. 217.207 for the activity identified inSec. 
217.200(a) will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 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 underSec. 
217.205(d) and (e), and the Letter of Authorization issued underSec. 
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 underSec. 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 inSec. 
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 
underSec. 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

[[Page 152]]

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 toSec. 216.106 of 
this chapter andSec. 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 underSec. 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 inSec. 217.202(b), a Letter of 
Authorization issued pursuant toSec. 216.106 of this chapter andSec. 
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.
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.

[[Page 153]]

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.

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.

Subparts T - W [Reserved]

  Subpart X_Taking and Importing of Marine Mammals; Navy Operations of 
  Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 
                               LFA) Sonar

218.230 Specified activity, level of taking, and species.
218.231 Effective dates.
218.232 Permissible methods of taking.
218.233 Prohibitions.
218.234 Mitigation.
218.235 Requirements for monitoring.
218.236 Requirements for reporting.
218.237 Applications for Letters of Authorization.
218.238 Letters of Authorization.
218.239 Renewal of Letters of Authorization.

[[Page 154]]

218.240 Modifications to Letters of Authorization.
218.241 Adaptive management.

    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)
    (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 
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) Amended regulations are effective from February 1, 2012, 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 inSec. 218.1(c) should the amounts (e.g., number of exercises) 
vary from those estimated inSec. 218.1(c), provided that the variation 
does not result in exceeding the amount of take indicated inSec. 
218.2(c).

[74 FR 28343, June 15, 2009, as amended at 76 FR 30554, May 26, 2011; 77 
FR 4922, Feb. 1, 2012]



Sec.  218.2  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant toSec. 216.106 
of this chapter andSec. 218.7, the Holder of the Letter of 
Authorization may incidentally, but not intentionally, take marine 
mammals within the area described inSec. 218.1(b), provided the 
activity is in compliance with all terms, conditions, and requirements 
of this subpart and the appropriate Letter of Authorization.

[[Page 155]]

    (b) The activities identified inSec. 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 inSec. 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 inSec. 218.2 and authorized 
by a Letter of Authorization issued underSec. 216.106 of this chapter 
andSec. 218.7, no person in connection with the activities described 
inSec. 218.1 may:
    (a) Take any marine mammal not specified inSec. 218.2(c);
    (b) Take any marine mammal specified inSec. 218.2(c) other than by 
incidental take as specified inSec. 218.2(c)(1) and (2);
    (c) Take a marine mammal specified inSec. 218.2(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 andSec. 218.7.



Sec.  218.4  Mitigation.

    (a) When conducting training activities identified inSec. 
218.1(c), the mitigation measures contained in the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 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

[[Page 156]]

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).
    (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

[[Page 157]]

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 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

[[Page 158]]

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] 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,

[[Page 159]]

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.
    (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

[[Page 160]]

(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 andSec. 218.7 for activities described 
inSec. 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 inSec. 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 inSec. 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 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;

[[Page 161]]

    (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 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 inSec. 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.

[[Page 162]]

    (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 inSec. 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 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 bySec. 216.103) conducting 
the activity identified inSec. 218.1(c) (the U.S. Navy) must apply for 
and obtain either an initial Letter of Authorization in

[[Page 163]]

accordance withSec. 218.7 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.8 and the modification conditions inSec. 
218.9.
    (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).

[74 FR 28343, June 15, 2009, as amended at 77 FR 4922, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 218.7 for the activity identified inSec. 218.1(c) 
may be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.6 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt of the monitoring reports required underSec. 
218.5(c) through (i); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 218.4 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.7, 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 
underSec. 216.106 of this chapter andSec. 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 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

[[Page 164]]

not authorized by these regulations or subsequent Letters of 
Authorization.

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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 toSec. 216.106 of 
this chapter andSec. 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 underSec. 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 inSec. 218.2(c), a Letter of 
Authorization issued pursuant toSec. 216.106 of this chapter andSec. 
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:
    (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]

[[Page 165]]

    (d) Amended regulations are effective February 1, 2012, 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 inSec. 218.10(c) should the amounts (e.g., number of exercises) 
vary from those estimated inSec. 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 264, 2011; 
77 FR 4923, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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 inSec. 218.11 and authorized 
by a Letter of Authorization issued underSec. 216.106 of this chapter 
andSec. 218.16, no person in connection with the activities described 
inSec. 218.10 may:
    (a) Take any marine mammal not specified inSec. 218.11(c);
    (b) Take any marine mammal specified inSec. 218.11(c) other than 
by incidental take as specified inSec. 218.11(c)(1) and (2);
    (c) Take a marine mammal specified inSec. 218.11(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 andSec. 218.16.



Sec.  218.13  Mitigation.

    (a) When conducting training activities identified inSec. 
218.10(c), the mitigation measures contained in the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
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

[[Page 166]]

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 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

[[Page 167]]

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, 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

[[Page 168]]

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.
    (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

[[Page 169]]

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 inSec. 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.
    (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.

[[Page 170]]

    (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 264, 2011; 
77 FR 4923, Feb. 1, 2012]



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 andSec. 218.16 for activities described 
inSec. 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 soon as clearance procedures allow) if the specified activity 
identified inSec. 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 inSec. 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).

[[Page 171]]

    (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 inSec. 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.
    (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

[[Page 172]]

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 inSec. 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 inSec. 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 
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

[[Page 173]]

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 bySec. 216.103 of this chapter) 
conducting the activity identified inSec. 218.10(a) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance withSec. 218.16 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.17 and modification conditions inSec. 218.18.
    (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).

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 218.16 for the activity identified inSec. 218.10(c) 
will be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.15 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt of the monitoring reports required underSec. 
218.14; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 218.13 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.16, 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. 216.106 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 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

[[Page 174]]

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.

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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 toSec. 216.106 of 
this chapter andSec. 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 underSec. 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 inSec. 218.11(b), a Letter of 
Authorization issued pursuant toSec. 216.106 of this chapter andSec. 
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.
    (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) 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);

[[Page 175]]

    (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 February 1, 2012, through June 4, 
2014.
    (e) The taking of marine mammals may be authorized in an LOA for the 
explosive types and activities, or similar explosives and activities, 
listed inSec. 218.20(c) should the amounts (e.g., number of exercises) 
vary from those estimated inSec. 218.20(c), provided that the 
variation does not result in exceeding the amount of take indicated in 
Sec.  218.21(c).

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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 inSec. 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 inSec. 218.20 may:
    (a) Take any marine mammal not specified inSec. 218.21(c);
    (b) Take any marine mammal specified inSec. 218.21(c) other than 
by incidental take as specified inSec. 218.21(b)(1) and (2);
    (c) Take a marine mammal specified inSec. 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.

[[Page 176]]



Sec.  218.23  Mitigation.

    (a) When conducting training activities identified inSec. 
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 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

[[Page 177]]

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.
    (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.

[[Page 178]]

    (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 
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

[[Page 179]]

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, or in 
similar areas that will not result in marine mammal takes exceeding the 
amount indicated inSec. 218.21(c).
    (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.
    (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

[[Page 180]]

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.

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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 andSec. 218.26 for activities described 
inSec. 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 inSec. 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 inSec. 218.21(c).
    (c) The Navy must conduct all monitoring and required reporting 
under the 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,

[[Page 181]]

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 inSec. 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 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.

[[Page 182]]

    (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 inSec. 
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 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

[[Page 183]]

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 bySec. 216.103 of this chapter) 
conducting the activity identified inSec. 218.20(a) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance withSec. 218.26 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.27 and the modification conditions inSec. 
218.28.
    (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).

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued underSec. 216.106 andSec. 
218.26 of this chapter for the activity identified inSec. 218.20(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 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 underSec. 
218.24; and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required underSec. 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:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and

[[Page 184]]

    (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.

[74 FR 28343, June 15, 2009, as amended at 77 FR 4923, Feb. 1, 2012]



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 underSec. 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 inSec. 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 km) from the coast of the Florida panhandle at latitude 30[deg] N, 
the eastern

[[Page 185]]

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:
    (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) 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 1, 2012, through February 17, 
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 inSec. 218.30(c) should the amounts (e.g., number of exercises) 
vary from those estimated inSec. 218.30(c), provided that the 
variation does not result in exceeding the amount of take indicated in 
Sec.  218.31(c).

[74 FR 28343, June 15, 2009, as amended at 77 FR 4924, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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);

[[Page 186]]

    (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);
    (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 inSec. 218.31 and authorized 
by a Letter of Authorization issued underSec. 216.106 of this chapter 
andSec. 218.36, no person in connection with the activities described 
inSec. 218.30 may:
    (a) Take any marine mammal not specified inSec. 218.31(c);
    (b) Take any marine mammal specified inSec. 218.31(c) other than 
by incidental take as specified inSec. 218.31(c)(1) and (2);
    (c) Take a marine mammal specified inSec. 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 andSec. 218.36.



Sec.  218.33  Mitigation.

    (a) When conducting training activities identified inSec. 
218.30(c), the mitigation measures contained in the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
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.

[[Page 187]]

    (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 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

[[Page 188]]

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 the W-155A/B (hot box) area, 
or in similar areas that will not result in marine mammal takes 
exceeding the amount indicated inSec. 218.31(c).
    (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]

[74 FR 28343, June 15, 2009, as amended at 77 FR 4924, Feb. 1, 2012]



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 andSec. 218.36 for activities described 
inSec. 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 inSec. 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 inSec. 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;

[[Page 189]]

    (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 inSec. 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 inSec. 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

[[Page 190]]

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 inSec. 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.
    (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 bySec. 216.103 of this chapter) 
conducting the activity identified inSec. 218.30(a) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance withSec. 218.36 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.37 and the modification conditions inSec. 
218.38.
    (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).

[74 FR 28343, June 15, 2009, as amended at 77 FR 4924, Feb. 1, 2012]

[[Page 191]]



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

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 218.36 for the activity identified inSec. 218.30(c) 
will be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.35 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt of the monitoring reports required underSec. 
218.34; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 218.33 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.36, 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. 216.106 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.

[74 FR 28343, June 15, 2009, as amended at 77 FR 4924, Feb. 1, 2012]



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 underSec. 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 inSec. 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]

[[Page 192]]



   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 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 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 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 
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) 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);

[[Page 193]]

    (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 inSec. 218.100(c) should the 
amounts (i.e., hours, dips, number of exercises) vary from those 
estimated inSec. 218.100(c), provided that the variation does not 
result in exceeding the amount of take indicated inSec. 218.102.

[75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]



Sec.  218.101  Effective dates.

    Amended regulations are effective February 1, 2012, through August 
3, 2015.

[77 FR 4924, Feb. 1, 2012]



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 inSec. 
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 inSec. 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 inSec. 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);

[[Page 194]]

    (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);
    (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 inSec. 
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 inSec. 
218.100 may:
    (a) Take any marine mammal not specified inSec. 218.102(c);
    (b) Take any marine mammal specified inSec. 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 inSec. 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 inSec. 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

[[Page 195]]

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 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

[[Page 196]]

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 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.

[[Page 197]]

    (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-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 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

[[Page 198]]

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 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

[[Page 199]]

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 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.

[[Page 200]]

    (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.
    (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

[[Page 201]]

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, 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 inSec. 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

[[Page 202]]

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 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

[[Page 203]]

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 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):

[[Page 204]]

    (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;
    (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 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

[[Page 205]]

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 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 bySec. 216.103) conducting the activity 
identified inSec. 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 underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.108 and the modification conditions inSec. 
218.109.
    (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).

[75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 218.107 for the activity identified inSec. 
218.100(c) will be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.106 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (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 underSec. 218.104 and the Letter of 
Authorization issued underSec. 216.106 of this chapter and

[[Page 206]]

Sec.  218.107, 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. 216.106 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 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.

[75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]



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 underSec. 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 inSec. 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.

[[Page 207]]

    (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:
    (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 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 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) 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-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 inSec. 218.110(c)(1) should the 
amounts (i.e., hours, dips, number of exercises) vary from those 
estimated inSec. 218.110(c)(2), provided that the variation does not 
result in exceeding the amount of take indicated inSec. 218.112(c).

[75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]



Sec.  218.111  Effective dates.

    Amended regulations are effective February 1, 2012, through November 
9, 2015.

[77 FR 4924, Feb. 1, 2012]



Sec.  218.112  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec.Sec. 
216.106 and 218.117

[[Page 208]]

of this chapter, the Holder of the Letter of Authorization (hereinafter 
``Navy'') may incidentally, but not intentionally, take marine mammals 
within the area described inSec. 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 inSec. 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 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

[[Page 209]]

    (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 inSec. 
218.110 may:
    (a) Take any marine mammal not specified inSec. 218.112(c);
    (b) Take any marine mammal specified inSec. 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 inSec. 218.112(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 218.117 of this chapter.



Sec.  218.114  Mitigation.

    (a) When conducting training and utilizing the sound sources or 
explosives identified inSec. 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.

[[Page 210]]

    (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 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

[[Page 211]]

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 (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.

[[Page 212]]

    (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 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 
(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

[[Page 213]]

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 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

[[Page 214]]

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 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

[[Page 215]]

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.
    (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.

[[Page 216]]

    (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), 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

[[Page 217]]

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.
    (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.

[[Page 218]]

    (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 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 bySec. 216.103) conducting the activity 
identified inSec. 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 underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.118 and the modification conditions inSec. 
218.119.
    (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).

[75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued under Sec.Sec. 216.106 of 
this chapter and 218.117 for the activity identified inSec. 218.110(c) 
will be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.116 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;

[[Page 219]]

    (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 underSec. 218.114 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.117, 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. 216.106 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:
    (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.

[75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]



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 underSec. 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 inSec. 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.

[[Page 220]]



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 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

[[Page 221]]

activities and sources listed inSec. 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 inSec. 218.122(c).



Sec.  218.121  Effective dates.

    Amended regulations in this subpart are effective February 1, 2012, 
through May 4, 2016.

[77 FR 4925, Feb. 1, 2012]



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 inSec. 
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 inSec. 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 inSec. 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:
    (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:

[[Page 222]]

    (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 inSec. 
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 inSec. 
218.120 may:
    (a) Take any marine mammal not specified inSec. 218.122(c);
    (b) Take any marine mammal specified inSec. 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 inSec. 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.



Sec.  218.124  Mitigation.

    (a) When conducting training and utilizing the sound sources or 
explosives identified inSec. 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

[[Page 223]]

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 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

[[Page 224]]

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 (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

[[Page 225]]

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 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.

[[Page 226]]

    (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 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)--

[[Page 227]]

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.
    (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

[[Page 228]]

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 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 inSec. 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

[[Page 229]]

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.
    (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.

[[Page 230]]

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;
    (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.)).

[[Page 231]]

    (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.
    (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

[[Page 232]]

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.



Sec.  218.126  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. Citizen (as defined bySec. 216.103 of this chapter) 
conducting the activity identified inSec. 218.120(c) (i.e., the Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance withSec. 218.127 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.128 and the modification conditions inSec. 
218.129.
    (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).

[76 FR 25505, May 4, 2011, as amended at 77 FR 4925, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 218.127 for the activity identified inSec. 
218.120(c) will be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.126 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Receipt of the monitoring reports and notifications within the 
indicated timeframes required underSec. 218.125(b through j); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 218.124 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.127, 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

[[Page 233]]

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).
    (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).

[76 FR 25505, May 4, 2011, as amended at 77 FR 4925, Feb. 1, 2012]



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 underSec. 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 inSec. 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

[[Page 234]]

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, or similar sources (estimate amounts of use 
below):
    (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 inSec. 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

[[Page 235]]

 
                                        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.

    (d) Amended regulations are effective February 1, 2012, through 
April 11, 2016.
    (e) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed inSec. 218.170(c) should the amounts 
(e.g., hours, number of exercises) vary from those estimated inSec. 
218.170(c), provided that the variation does not result in exceeding the 
amount of take indicated inSec. 218.171(c).

[76 FR 20274, Apr. 12, 2011, as amended at 77 FR 4925, Feb. 1, 2012]



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 inSec. 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 inSec. 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 inSec. 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 inSec. 218.171 and authorized 
by a Letter of Authorization issued underSec. 216.106 of this chapter 
andSec. 218.176, no person in connection with the activities described 
inSec. 218.170 may:
    (a) Take any marine mammal not specified inSec. 218.171(c);
    (b) Take any marine mammal specified inSec. 218.171(c) other than 
by incidental take as specified inSec. 218.171 (c);
    (c) Take a marine mammal specified inSec. 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

[[Page 236]]

of Authorization issued underSec. 216.106 of this chapter andSec. 
218.176.



Sec.  218.173  Mitigation.

    When conducting RDT&E activities identified inSec. 218.170(c), the 
mitigation measures contained in this subpart and subsequent Letters of 
Authorization issued underSec. 216.106 of this chapter andSec. 
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).
    (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.

[[Page 237]]



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 andSec. 218.176 for activities described 
inSec. 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 inSec. 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 inSec. 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 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 inSec. 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.

[[Page 238]]

    (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 inSec. 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 inSec. 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.
    (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 inSec. 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 inSec. 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

[[Page 239]]

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 inSec. 218.170(c), the U.S. Navy must 
apply for and obtain either an initial Letter of Authorization in 
accordance withSec. 218.176 or a renewal underSec. 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 may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.177 and the modification conditions inSec. 
218.178.
    (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).

[76 FR 20274, Apr. 12, 2011, as amended at 77 FR 4925, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued under Sec.Sec. 216.106 of 
this chapter and 218.176 for the activity identified inSec. 218.170(c) 
will be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.175 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt of the monitoring reports required underSec. 
218.174(b); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 218.173 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.176, 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. 216.106 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

[[Page 240]]

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.

[76 FR 20274, Apr. 12, 2011, as amended at 77 FR 4925, Feb. 1, 2012]



Sec.  218.178  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section andSec. 
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 andSec. 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 underSec. 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 inSec. 218.171(b), a Letter of 
Authorization issued pursuant toSec. 216.106 of this chapter andSec. 
218.176 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 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) were added, effective Jan. 21, 2010, through 
Jan. 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:
    (1) The use of the following mid-frequency active sonar (MFAS) and 
high frequency active sonar (HFAS) sources,

[[Page 241]]

or similar sources, for Navy mission activities in territorial waters 
(estimated amounts 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);
    (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 mid-frequency active sonar (MFAS) and 
high frequency active sonar (HFAS) sources, or similar sources, for Navy 
mission activities in non-territorial waters (estimated amounts 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, or similar operations, for Navy mission 
activities in territorial waters (estimated amounts below):

[[Page 242]]

    (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, or similar operations, for Navy mission 
activities in non-territorial waters (estimated amounts 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, or similar operations, for Navy 
mission activities in non-territorial waters (estimated amounts 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) Amended regulations are effective February 1, 2012, through 
January 21, 2015.
    (e) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed inSec. 218.180(c) should the amounts 
(e.g., hours, number of exercises) vary from those estimated inSec. 
218.180(c), provided that the variation does not result in exceeding the 
amount of take indicated inSec. 218.181(b).

[75 FR 3410, Jan. 21, 2010, as amended at 77 FR 4925, Feb. 1, 2012]



Sec.  218.181  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec.Sec. 
216.106 and 218.186 of this chapter, the Holder of the Letter of 
Authorization may incidentally, but not intentionally, take marine 
mammals within the area described inSec. 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 inSec. 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).

[[Page 243]]



Sec.  218.182  Prohibitions.

    Notwithstanding takings contemplated inSec. 218.181 and authorized 
by a Letter of Authorization issued underSec. 216.106 of this chapter 
andSec. 218.186, no person in connection with the activities described 
inSec. 218.180 may:
    (a) Take any marine mammal not specified inSec. 218.181(b);
    (b) Take any marine mammal specified inSec. 218.181(b) other than 
by incidental take as specified inSec. 218.181(b)(1) and (2);
    (c) Take a marine mammal specified inSec. 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 
underSec. 216.106 of this chapter andSec. 218.186.



Sec.  218.183  Mitigation.

    When conducting RDT&E activities identified inSec. 218.180(c), the 
mitigation measures contained in this subpart and subsequent Letters of 
Authorization issued under Sec.Sec. 216.106 of this chapter andSec. 
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.
    (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'' (20x110) 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

[[Page 244]]

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 
(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

[[Page 245]]

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 inSec. 218.183(b)(6)(i) through (iii) shall be conducted in 
accordance withSec. 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 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

[[Page 246]]

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 inSec. 
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 inSec. 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 inSec. 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;
    (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.

[[Page 247]]

    (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.
    (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.

[[Page 248]]

    (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 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);

[[Page 249]]

    (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 inSec. 
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 (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 bySec. 216.103 of this chapter) 
conducting the activity identified inSec. 218.180(c) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance withSec. 218.186 or a renewal underSec. 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 periods of validity of this 
subpart, but may be renewed or modified sooner subject to the renewal 
conditions inSec. 218.187 and the modification conditions inSec. 
218.188.
    (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).

[75 FR 3410, Jan. 21, 2010, as amended at 77 FR 4926, Feb. 1, 2012]



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

    (a) A Letter of Authorization issued underSec. 216.106 of this 
chapter andSec. 218.186 for the activity identified inSec. 
218.180(c) will be renewed upon:

[[Page 250]]

    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.185 will be undertaken and that 
there will not be a substantial modification to the desired work, 
mitigation, or monitoring undertaken during the upcoming period of 
validity;
    (2) Timely receipt of the monitoring reports required underSec. 
218.184(b); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required underSec. 218.183 and the Letter of 
Authorization issued underSec. 216.106 of this chapter andSec. 
218.186, 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. 216.106 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.
    (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.

[75 FR 3410, Jan. 21, 2010, as amended at 77 FR 4926, Feb. 1, 2012]



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 toSec. 216.106 of 
this chapter andSec. 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 underSec. 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 inSec. 218.181(b), a Letter of 
Authorization issued pursuant toSec. 216.106 of this chapter andSec. 
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.

Subparts T-W [Reserved]

[[Page 251]]



  Subpart X_Taking and Importing of Marine Mammals; Navy Operations of 
  Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 
                               LFA) Sonar

    Source: 77 FR 50316, Aug. 20, 2012, unless otherwise noted.

    Effective Date Note: At 77 FR 50316, Aug. 20, 2012, subpart X was 
added, effective Aug. 15, 2012, through Aug. 15, 2017.



Sec.  218.230  Specified activity, level of taking, and species.

    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 218.238, include the transmission of low 
frequency sounds from the SURTASS LFA sonar system and the transmission 
of high frequency sounds from the mitigation sonar described inSec. 
218.234 during routine training and testing as well as during military 
operations.
    (a) The incidental take, by Level A and Level B harassment, of 
marine mammals from the activity identified in this section may be 
authorized in certain areas of the Pacific, Atlantic, and Indian Oceans 
and the Mediterranean Sea, 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) Mysticetes-blue whale (Balaenoptera musculus), bowhead whale 
(Balaena mysticetus), Bryde's whale (Balaenoptera edeni), fin whale 
(Balaenoptera physalus), gray whale (Eschrichtius robustus), humpback 
whale (Megaptera novaeangliae), minke whale (Balaenoptera 
acutorostrata), North Atlantic right whale (Eubalaena glacialis), North 
Pacific right whale (Eubalena japonica), pygmy right whale 
(Caperamarginata), sei whale (Balaenoptera borealis), southern right 
whale (Eubalaena australis),
    (2) Odontocetes-Andrew's beaked whale (Mesoplodon bowdoini), 
Arnoux's beaked whale (Berardius arnuxii), Atlantic spotted dolphin 
(Stenella frontalis), Atlantic white-sided dolphin (Lagenorhynchus 
acutus), Baird's beaked whale (Berardius bairdii), Beluga whale 
(Dephinapterus leucas), Blainville's beaked whale (Mesoplodon 
densirostris), Chilean dolphin (Cephalorhynchus eutropia), Clymene 
dolphin (Stenella clymene), Commerson's dolphin (Cephalorhynchus 
commersonii), common bottlenose dolphin (Tursiops truncatus), Cuvier's 
beaked whale (Ziphiuscavirostris), Dall's porpoise (Phocoenoides dalli), 
Dusky dolphin (Lagenorhynchus obscurus), dwarf sperm and pygmy sperm 
whales (Kogia simus and K. breviceps), false killer whale (Pseudorca 
crassidens), Fraser's dolphin (Lagenodelphis hosei), Gervais' beaked 
whale (Mesoplodon europaeus), ginkgo-toothed beaked whale (Mesoplodon 
ginkgodens), Gray's beaked whale (Mesoplodon grayi), Heaviside's dolphin 
(Cephalorhynchus heavisidii), Hector's beaked whale (Mesoplodon 
hectori), Hector's dolphin (Cephalorhynchus hectori); Hourglass dolphin 
(Lagenorhynchus cruciger), Hubbs' beaked whale (Mesoplodon carhubbsi), 
harbor porpoise (Phocoena phocoena); Indo-Pacific bottlenose dolphin 
(Tursiops aduncus), killer whale (Orca orcinus), long-beaked common 
dolphin (Delphinuscapensis), long-finned pilot whale 
(Globicephalamelas), Longman's beaked whale (Indopacetus pacificus), 
melon-headed whale (Peponocephala electra), northern bottlenose whale 
(Hyperodon ampullatus), northern right whale dolphin (Lissodelphis 
borealis), Pacific white-sided dolphin (Lagenorhynchus obliquidens), 
pantropical spotted dolphin (Stenella attenuata), Peale's dolphin 
(Lagenorhynchus australis), Perrin's beaked whale (Mesoplodon perrini), 
pygmy beaked whale (Mesoplodon peruvianus), pygmy killer whale (Feresa 
attenuata), Risso's dolphin (Grampus griseus), rough-toothed dolphin 
(Steno bredanensis), Shepherd's beaked whale (Tasmacetus sheperdii),

[[Page 252]]

short-beaked common dolphin (Delphinus delphis), short-finned pilot 
whale (Globicephala macrorhynchus), southern bottlenose whale (Hyperodon 
planifrons), southern right whale dolphin (Lissodelphis peronii), 
Sowerby's beaked whale (Mesoplodon bidens), spade-toothed beaked whale 
(Mesoplodon traversii), spectacled porpoise (Phocoena dioptrica), sperm 
whale (Physeter macrocephalus), spinner dolphin (Stenella longirostris), 
Stejneger's beaked whale (Mesoplodon stejnegeri), strap-toothed beaked 
whale (Mesoplodon layardii), striped dolphin (Stenella coeruleoalba), 
True's beaked whale (Mesoplodon mirus), white-beaked dolphin 
(Lagenorhynchus albirostris),
    (3) Pinnipeds-Australian sea lion (Neophoca cinerea), California sea 
lion (Zalophus californianus), Galapagos fur seal (Arctocephalus 
galapagoensis), Galapagos sea lion (Zalophus wollebaeki), gray seal 
(Halichoerus grypus), Guadalupe fur seal (Arctocephalus townsendi), 
harbor seal (Phoca vitulina), harp seal (Pagophilus groenlandicus), 
Hawaiian monk seal (Monachus schauinslandi), hooded seal (Cystophora 
cristata), Juan Fernadez fur seal (Arctocephalus philippi), 
Mediterranean monk seal (Monachus monachus), New Zealand fur seal 
(Arctocephalus forsteri), New Zealand fur seal (Phocarctos hookeri), 
northern elephant seal (Mirounga angustirostris), northern fur seal 
(Callorhinus ursinus), ribbon seal (Phoca fasciata), South African and 
Australian fur seals (Arctocephalus pusillus), South American fur seal 
(Arctocephalus australis), South American sea lion (Otaria flavescens), 
southern elephant seal (Mirounga leonina), spotted seal (Phoca largha), 
Steller sea lion (Eumetopias jubatus), subantarctic fur seal 
(Arctocephalus tropicalis).



Sec.  218.231  Effective dates.

    Regulations are effective August 15, 2012 through August 15, 2017.



Sec.  218.232  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec.Sec. 
216.106 and 218.238 of this chapter, 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.  218.230(a), provided that the activity is in compliance with all 
terms, conditions, and requirements of these regulations and the 
appropriate Letter of Authorization.
    (b) The Holder of the Letter of Authorization must conduct the 
activities identified inSec. 218.230 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 inSec. 218.230 is limited to the species listed inSec. 
218.230(b) by the method of take indicated in paragraphs (c)(2) through 
(5) of this section.
    (1) The Navy must maintain a running calculation/estimation of takes 
of each species over the effective period of these regulations.
    (2) Level B harassment will not exceed 12 percent of any marine 
mammal stock listed inSec. 218.230(b)(1) through (3) annually over the 
course of the five-year regulations. This annual per-stock cap of 12 
percent applies regardless of the number of SURTASS LFA sonar vessels 
operating.
    (3) Level A harassment of no more than six mysticetes (total), of 
any of the species listed inSec. 218.230(b)(1) over the course of the 
five-year regulations.
    (4) Level A harassment of no more than 25 odontocetes (total), of 
any of the species listed inSec. 218.230(b)(2) over the course of the 
five-year regulations.
    (5) Level A harassment of no more than 25 pinnipeds (total), of any 
of the species listed inSec. 218.230(b)(3) over the course of the 
five-year regulations.



Sec.  218.233  Prohibitions.

    No person in connection with the activities described inSec. 
218.230 may:
    (a) Take any marine mammal not specified inSec. 218.230(b);
    (b) Take any marine mammal specified inSec. 218.230 other than by 
incidental take as specified inSec. 218.232(c)(2) through (5);
    (c) Take any marine mammal specified inSec. 218.230 if NMFS makes 
a determination that such taking results in more than a negligible 
impact on the species or stocks of such marine mammal; or

[[Page 253]]

    (d) Violate, or fail to comply with, any of the terms, conditions, 
or requirements of these regulations or a Letter of Authorization issued 
under Sec.Sec. 216.106 and 218.238 of this chapter.



Sec.  218.234  Mitigation.

    When conducting operations identified inSec. 218.230, the 
mitigation measures described in this section and in any Letter of 
Authorization issued under Sec.Sec. 216.106 and 218.238 must be 
implemented.
    (a) Personnel Training--Lookouts: (1) The Navy shall train the 
lookouts in the most effective means to ensure quick and effective 
communication within the command structure in order to facilitate 
implementation of protective measures if they spot marine mammals.
    (2) The Navy will hire one or more marine mammal biologists 
qualified in conducting at-sea marine mammal visual monitoring from 
surface vessels to train and qualify designated ship personnel to 
conduct at-sea visual monitoring.
    (b) General Operating Procedures: (1) Prior to SURTASS LFA sonar 
operations, the Navy will promulgate executive guidance for the 
administration, execution, and compliance with these regulations and any 
Letters of Authorization issued.
    (2) The Holder of a Letter of Authorization will not transmit the 
SURTASS LFA sonar signal at a frequency greater than 500 Hertz (Hz).
    (c) LFA Sonar Mitigation Zone and 1-km Buffer Zone; Suspension and 
Delay: (1) Prior to commencing and during SURTASS LFA sonar 
transmissions, the Holder of a Letter of Authorization will determine 
the propagation of LFA sonar signals in the ocean and the distance from 
the SURTASS LFA sonar source to the 180-decibel (dB) re: 1 [micro]Pa 
isopleth.
    (2) The Holder of a Letter of Authorization will establish a 180-dB 
LFA sonar mitigation zone around the surveillance vessel that is equal 
in size to the 180-dB re: 1 [micro]Pa isopleth (i.e., the volume 
subjected to sound pressure levels of 180 dB or greater) as well as a 
one-kilometer (1-km) buffer zone around the LFA sonar mitigation zone.
    (3) If a marine mammal is detected, through monitoring required 
underSec. 218.235, within or about to enter the LFA sonar mitigation 
zone plus the 1-km buffer zone, the Holder of the Letter of 
Authorization will immediately delay or suspend SURTASS LFA sonar 
transmissions.
    (d) Resumption of SURTASS LFA sonar transmissions: (1) The Holder of 
a Letter of Authorization will not resume SURTASS LFA sonar 
transmissions earlier than 15 minutes after:
    (i) All marine mammals have left the area of the SURTASS LFA sonar 
mitigation and buffer zones; and
    (ii) There is no further detection of any marine mammal within the 
LFA sonar mitigation and buffer zones as determined by the visual, 
passive, and high frequency monitoring described inSec. 218.235.
    (e) Ramp-up Procedures for the high-frequency marine mammal 
monitoring (HF/M3) sonar required underSec. 218.235: (1) The Holder of 
a Letter of Authorization will ramp up the HF/M3 sonar power level 
beginning at a maximum source sound pressure level of 180 dB re: 1 
[micro]Pa at 1 meter in 10-dB increments to operating levels over a 
period of no less than five minutes:
    (i) At least 30 minutes prior to any SURTASS LFA sonar 
transmissions;
    (ii) Prior to any SURTASS LFA sonar calibrations or testing that are 
not part of regular SURTASS LFA sonar transmissions described inSec. 
218.230; and
    (iii) Anytime after the HF/M3 active sonar source has been powered 
down for more than two minutes.
    (2) The Holder of a Letter of Authorization will not increase the 
HF/M3 active sonar system's sound pressure level once a marine mammal is 
detected; ramp-up may resume once marine mammals are no longer detected.
    (f) Geographic Restrictions on the SURTASS LFA Sonar Sound Field: 
(1) The Holder of a Letter of Authorization will not operate the SURTASS 
LFA sonar such that:
    (i) The SURTASS LFA sonar sound field exceeds 180 dB re: 1 [micro]Pa 
(rms) at a distance less than 12 nautical miles (nm) (22 kilometers 
(km)) from any coastline, including offshore islands;

[[Page 254]]

    (ii) The SURTASS LFA sonar sound field exceeds 180 dB re: 1 
[micro]Pa (rms) at a distance less than 1 km (0.5 nm) seaward of the 
outer perimeter of any offshore biologically important area designated 
inSec. 218.234(f)(2) during the period specified.
    (2) The Offshore Biologically Important Areas (OBIAs) for marine 
mammals (with specified periods) for SURTASS LFA sonar operations are 
the following:

----------------------------------------------------------------------------------------------------------------
               Name of area                          Location of area                 Months of importance
----------------------------------------------------------------------------------------------------------------
(i) Georges Bank.........................  40[deg]00[min] N, 72[deg]30[min] W;  Year-round.
                                            39[deg]37[min] N, 72[deg]09[min]
                                            W; 39[deg]54[min] N,
                                            71[deg]43[min] W; 40[deg]02[min]
                                            N, 71[deg]20[min] W;
                                            40[deg]08[min] N, 71[deg]01[min]
                                            W; 40[deg]04[min] N,
                                            70[deg]44[min] W; 40[deg]00[min]
                                            N, 69[deg]24[min] W;
                                            40[deg]16[min] N, 68[deg]27[min]
                                            W; 40[deg]34[min] N,
                                            67[deg]13[min] W; 41[deg]00[min]
                                            N, 66[deg]24[min] W;
                                            41[deg]52[min] N, 65[deg]47[min]
                                            W; 42[deg]20[min] N,
                                            66[deg]06[min] W; 42[deg]18[min]
                                            N, 67[deg]23[min] W.
(ii) Roseway Basin Right Whale             43[deg]05[min] N, 65[deg]40[min] W;  June through December, annually.
 Conservation Area.                         43[deg]05[min] N, 65[deg]03[min]
                                            W; 42[deg]45[min] N,
                                            65[deg]40[min] W; 42[deg]45[min]
                                            N, 65[deg]03[min] W.
(iii) Great South Channel, U.S. Gulf of    41[deg]00.000[min] N,                January 1 to November 14,
 Maine, and Stellwagen Bank National        69[deg]05.000[min] W;                annually.
 Marine Sanctuary (NMS).                    42[deg]09.000[min] N,
                                            67[deg]08.400[min] W;
                                            42[deg]53.436[min] N,
                                            67[deg]43.873[min] W;
                                            44[deg]12.541[min] N,
                                            67[deg]16.847[min] W;
                                            44[deg]14.911[min] N,
                                            67[deg]08.936[min] W;
                                            44[deg]21.538[min] N,
                                            67[deg]03.663[min] W;
                                            44[deg]26.736[min] N,
                                            67[deg]09.596[min] W;
                                            44[deg]16.805[min] N,
                                            67[deg]27.394[min] W;
                                            44[deg]11.118[min] N,
                                            67[deg]56.398[min] W;
                                            43[deg]59.240[min] N,
                                            68[deg]08.263[min] W;
                                            43[deg]36.800[min] N,
                                            68[deg]46.496[min] W;
                                            43[deg]33.925[min] N,
                                            69[deg]19.455[min] W;
                                            43[deg]32.008[min] N,
                                            69[deg]44.504[min] W;
                                            43[deg]21.922[min] N,
                                            70[deg]06.257[min] W;
                                            43[deg]04.084[min] N,
                                            70[deg]21.418[min] W;
                                            42[deg]51.982[min] N,
                                            70[deg]31.965[min] W;
                                            42[deg]45.187[min] N,
                                            70[deg]23.396[min] W;
                                            42[deg]39.068[min] N,
                                            70[deg]30.188[min] W;
                                            42[deg]32.892[min] N,
                                            70[deg]35.873[min] W;
                                            42[deg]07.748[min] N,
                                            70[deg]28.257[min] W;
                                            42[deg]05.592[min] N,
                                            70[deg]02.136[min] W;
                                            42[deg]03.664[min] N,
                                            69[deg]44.000[min] W;
                                            41[deg]40.000[min] N,
                                            69[deg]45.000[min] W.
(iv) Southeastern U.S. Right Whale         Critical Habitat Boundaries are      November 15 to April 15,
 Seasonal Habitat.                          coastal waters between               annually.
                                            31[deg]15[min] N and
                                            30[deg]15[min] N from the coast
                                            out 15 nautical miles (nmi); and
                                            the coastal waters between
                                            30[deg]15[min] N and
                                            28[deg]00[sec] N from the coast
                                            out 5 nmi. (50 CFR Sec.
                                            226.13(c));
                                           OBIA Boundaries are coastal waters
                                            between 31[deg]15[sec] N and
                                            30[deg]15[sec] N from 12 to 15
                                            nmi..
(v) North Pacific Right Whale Critical     57[deg]03[min] N, 153[deg]00[min]    March through August, annually.
 Habitat.                                   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.
                                           (50 CFRSec.  226.215)............
(vi) Silver Bank and Navidad Bank........  Silver Bank:.......................  December through April,
                                                                                 annually.
                                             20[deg]38.899[min] N,
                                           69[deg]23.640[min] W;
                                           20[deg]55.706[min] N,
                                           69[deg]57.984[min] W;
                                           20[deg]25.221[min] N,
                                           70[deg]00.387[min] W;
                                           20[deg]12.833[min] N,
                                           69[deg]40.604[min] W;
                                           20[deg]13.918[min] N,
                                           69[deg]31.518[min] W;
                                           20[deg]28.680[min] N,
                                           69[deg]31.900[min] W
                                           Navidad Bank:
                                             20[deg]15.596[min] N,
                                           68[deg]47.967[min] W;
                                           20[deg]11.971[min] N,
                                           68[deg]54.810[min] W;
                                           19[deg]52.514[min] N,
                                           69[deg]00.443[min] W;
                                           19[deg]54.957[min] N,
                                           68[deg]51.430[min] W;
                                           19[deg]51.513[min] N,
                                           68[deg]41.399[min] W
(vii) Coastal waters of Gabon, Congo and   An exclusion zone following the 500- June through October, annually.
 Equatorial Guinea.                         m isobath extending from
                                            3[deg]31.055[min] N,
                                            9[deg]12.226[sec] E in the north
                                            offshore of Malabo southward to
                                            8[deg]57.470[sec] S,
                                            12[deg]55.873[sec] E offshore of
                                            Luanda
(viii) Patagonian Shelf Break............  Between 200- and 2000-m isobaths     Year-round.
                                            and the following latitudes:
                                            35[deg]00[sec] S, 39[deg]00[sec]
                                            S, 40[deg]40[sec] S,
                                            42[deg]30[sec] S, 46[deg]00[sec]
                                            S, 48[deg]50[sec] S..

[[Page 255]]

 
(ix) Southern Right Whale Seasonal         Coastal waters between               May through December, annually.
 Habitat.                                   42[deg]00[sec] S and
                                            43[deg]00[sec] S from 12 to 15 nm
                                            including the enclosed bays of
                                            Golfo Nuevo, Golfo San Jose, and
                                            San Matias. Golfos San Jose and
                                            San Nuevo are within 22 km (14 mi;
                                            12 nm) coastal exclusion zone
(x) Central California National Marine     Single stratum boundary created      June through November, annually.
 Sanctuaries.                               from the Cordell Bank (15 CFR
                                            922.10), Gulf of the Farallones
                                            (15 CFR 922.80), and Monterey Bay
                                            (15 CFR 922.30) NMS legal
                                            boundaries. Monterey Bay NMS
                                            includes the Davidson Seamount
                                            Management Zone
(xi) Antarctic Convergence Zone..........  30[deg] E to 80[deg] E, 45[deg] S;   October through March, annually.
                                            80[deg] E to 150[deg] E, 55[deg]
                                            S; 150[deg] E to 50[deg] W,
                                            60[deg] S; 50[deg] W to 30[deg] E,
                                            50[deg] S.
(xii) Piltun and Chayvo offshore feeding   54[deg]09.436[min] N,                June through November, annually.
 grounds in the Sea of Okhotsk.             143[deg]47.408[min] W;
                                            54[deg]09.436[min] N,
                                            143[deg]17.354[min] W;
                                            54[deg]01.161[min] N,
                                            143[deg]17.354[min] W;
                                            53[deg]53.580[min] N,
                                            143[deg]13.398[min] W;
                                            53[deg]26.963[min] N,
                                            143[deg]28.230[min] W;
                                            53[deg]07.013[min] N,
                                            143[deg]35.481[min] W;
                                            52[deg]48.705[min] N,
                                            143[deg]38.447[min] W;
                                            52[deg]32.077[min] N,
                                            143[deg]37.788[min] W;
                                            52[deg]21.605[min] N,
                                            143[deg]34.163[min] W;
                                            52[deg]09.470[min] N,
                                            143[deg]26.582[min] W;
                                            51[deg]57.686[min] N,
                                            143[deg]30.208[min] W;
                                            51[deg]36.033[min] N,
                                            143[deg]42.794[min] W;
                                            51[deg]08.082[min] N,
                                            143[deg]51.301[min] W;
                                            51[deg]08.082[min] N,
                                            144[deg]16.742[min] W;
                                            51[deg]24.514[min] N,
                                            144[deg]11.139[min] W;
                                            51[deg]48.116[min] N,
                                            144[deg]10.809[min] W;
                                            52[deg]03.194[min] N,
                                            144[deg]20.363[min] W;
                                            52[deg]23.235[min] N,
                                            144[deg]10.150[min] W;
                                            52[deg]28.674[min] N,
                                            144[deg]12.787[min] W;
                                            52[deg]42.523[min] N,
                                            144[deg]10.150[min] W;
                                            53[deg]12.972[min] N,
                                            143[deg]55.648[min] W;
                                            53[deg]18.505[min] N,
                                            143[deg]56.637[min] W;
                                            53[deg]23.041[min] N,
                                            143[deg]53.011[min] W;
                                            53[deg]28.250[min] N,
                                            143[deg]53.341[min] W;
                                            53[deg]44.039[min] N,
                                            143[deg]49.056[min] W;
                                            53[deg]53.207[min] N,
                                            143[deg]50.045[min] W;
                                            53[deg]59.819[min] N,
                                            143[deg]48.067[min] W.
(xiii) Coastal waters off Madagascar.....  16[deg]03[min]55.04[sec] S,          July through September, annually
                                            50[deg]27[min]12.59[sec] E;          for humpback whale breeding and
                                            16[deg]12[min]23.03[sec] S,          November through December,
                                            51[deg]03[min]37.38[sec] E;          annually for migrating blue
                                            24[deg]30[min]45.06[sec] S,          whales.
                                            48[deg]26[min]00.94[sec] E;
                                            24[deg]15[min]28.07[sec] S,
                                            47[deg]46[min]51.16[sec] E;
                                            22[deg]18[min]00.74[sec] S,
                                            48[deg]14[min]13.52[sec] E;
                                            20[deg]52[min]24.12[sec] S,
                                            48[deg]43[min]13.49[sec] E;
                                            19[deg]22[min]33.24[sec] S,
                                            49[deg]15[min]45.47[sec] E;
                                            18[deg]29[min]46.08[sec] S,
                                            49[deg]37[min]32.25[sec] E;
                                            17[deg]38[min]27.89[sec] S,
                                            49[deg]44[min]27.17[sec] E;
                                            17[deg]24[min]39.12[sec] S,
                                            49[deg]39[min]17.03[sec] E;
                                            17[deg]19[min]35.34[sec] S,
                                            49[deg]54[min]23.82[sec] E;
                                            16[deg]45[min]41.71[sec] S,
                                            50[deg]15[min]56.35[sec] E.
(xiv) Madagascar Plateau, Madagascar       25[deg]55[min]20.00[sec] S,          November through December,
 Ridge, and Walters Shoal.                  44[deg]05[min]15.45[sec] E;          annually.
                                            25[deg]46[min]31.36[sec] S,
                                            47[deg]22[min]35.90[sec] E;
                                            27[deg]02[min]37.71[sec] S,
                                            48[deg]03[min]31.08[sec] E;
                                            35[deg]13[min]51.37[sec] S,
                                            46[deg]26[min]19.98[sec] E;
                                            35[deg]14[min]28.59[sec] S,
                                            42[deg]35[min]49.20[sec] E;
                                            31[deg]36[min]57.96[sec] S,
                                            42[deg]37[min]49.35[sec] E;
                                            27[deg]41'11.21[sec] S,
                                            44[deg]30[min]11.01[sec] E.

[[Page 256]]

 
(xv) Ligurian-Corsican-Provencal Basin     42[deg]50.271[min] N,                July to August, annually.
 and Western Pelagos Sanctuary in the       06[deg]31.883[sec] E;
 Mediterranean Sea.                         42[deg]55.603[min] N,
                                            06[deg]43.418[sec] E;
                                            43[deg]04.374[min] N,
                                            06[deg]52.165[sec] E;
                                            43[deg]12.600[min] N,
                                            07[deg]10.440[sec] E;
                                            43[deg]21.720[min] N,
                                            07[deg]19.380[sec] E;
                                            43[deg]30.600[min] N,
                                            07[deg]32.220[sec] E;
                                            43[deg]33.900[min] N,
                                            07[deg]49.920[sec] E;
                                            43[deg]36.420[min] N,
                                            08[deg]05.580[sec] E;
                                            43[deg]42.600[min] N,
                                            08[deg]22.140[sec] E;
                                            43[deg]50.880[min] N,
                                            08[deg]34.500[sec] E;
                                            43[deg]58.560[min] N,
                                            08[deg]47.700[sec] E;
                                            43[deg]59.040[min] N,
                                            08[deg]56.040[sec] E;
                                            43[deg]57.047[min] N,
                                            09[deg]03.540[sec] E;
                                            43[deg]52.260[min] N,
                                            09[deg]08.520[sec] E;
                                            43[deg]47.580[min] N,
                                            09[deg]13.500[sec] E;
                                            43[deg]36.060[min] N,
                                            09[deg]16.620[sec] E;
                                            43[deg]28.440[min] N,
                                            09[deg]05.820[sec] E;
                                            43[deg]21.360[min] N,
                                            09[deg]02.100[sec] E;
                                            43[deg]16.020[min] N,
                                            08[deg]57.240[sec] E;
                                            43[deg]04.440[min] N,
                                            08[deg]47.580[sec] E;
                                            42[deg]54.900[min] N,
                                            08[deg]35.400[sec] E;
                                            42[deg]45.900[min] N,
                                            08[deg]27.540[sec] E;
                                            42[deg]36.060[min] N,
                                            08[deg]22.020[sec] E;
                                            42[deg]22.620[min] N,
                                            08[deg]15.849[sec] E;
                                            42[deg]07.202[min] N,
                                            08[deg]17.174[sec] E;
                                            41[deg]52.800[min] N,
                                            08[deg]15.720[sec] E;
                                            41[deg]39.780[min] N,
                                            08[deg]05.280[sec] E;
                                            41[deg]28.200[min] N,
                                            08[deg]51.600[sec] E;
                                            42[deg]57.060[min] N,
                                            06[deg]19.860[sec] E.
(xvi) Hawaiian Islands Humpback Whale NMS  21[deg]10[min]02.179[sec] N,         November through April,
 and Penguin Bank.                          157[deg]30[min]58.217[sec] W;        annually.
                                            21[deg]09[min]46.815[sec] N,
                                            157[deg]30[min]22.367[sec] W;
                                            21[deg]06[min]39.882[sec] N,
                                            157[deg]31[min]00.778[sec] W;
                                            21[deg]02[min]51.976[sec] N,
                                            157[deg]30[min]30.049[sec] W;
                                            20[deg]59[min]52.725[sec] N,
                                            157[deg]29[min]28.591[sec] W;
                                            20[deg]58[min]05.174[sec] N,
                                            157[deg]27[min]35.919[sec] W;
                                            20[deg]55[min]49.456[sec] N,
                                            157[deg]30[min]58.217[sec] W;
                                            20[deg]50[min]44.729[sec] N,
                                            157[deg]42[min]42.418[sec] W;
                                            20[deg]51[min]02.654[sec] N,
                                            157[deg]44[min]45.333[sec] W;
                                            20[deg]53[min]56.784[sec] N,
                                            157[deg]46[min]04.716[sec] W;
                                            20[deg]56[min]32.988[sec] N,
                                            157[deg]45[min]33.987[sec] W;
                                            21[deg]01[min]27.472[sec] N,
                                            157[deg]43[min]10.586[sec] W;
                                            21[deg]05[min]20.499[sec] N,
                                            157[deg]39[min]27.802[sec] W;
                                            21[deg]10[min]02.179[sec] N,
                                            157[deg]30[min]58.217[sec] W.
(xvii) Costa Rica Dome...................  Centered at 9[deg] N and 88[deg] W.  Year-round.
(xviii) Great Barrier Reef Between         16[deg]01.829[sec] S,                May through September, annually.
 16[deg] S and 21[deg] S.                   145[deg]38.783[sec] E;
                                            15[deg]52.215[sec] S,
                                            146[deg]20.936[sec] E;
                                            17[deg]28.354[sec] S,
                                            146[deg]59.392[sec] E;
                                            20[deg]16.228[sec] S,
                                            151[deg]39.674[sec] E;
                                            20[deg]58.381[sec] S,
                                            150[deg]30.897[sec] E;
                                            20[deg]17.007[sec] S,
                                            149[deg]38.247[sec] E;
                                            20[deg]10.941[sec] S,
                                            149[deg]18.247[sec] E;
                                            20[deg]02.403[sec] S,
                                            149[deg]12.623[sec] E;
                                            19[deg]53.287[sec] S,
                                            149[deg]03.986[sec] E;
                                            19[deg]49.866[sec] S,
                                            148[deg]52.135[sec] E;
                                            19[deg]53.287[sec] S,
                                            148[deg]44.302[sec] E;
                                            19[deg]47.965[sec] S,
                                            148[deg]36.870[sec] E;
                                            19[deg]47.205[sec] S,
                                            148[deg]26.024[sec] E;
                                            19[deg]19.978[sec] S,
                                            147[deg]39.626[sec] E;
                                            19[deg]14.065[sec] S,
                                            147[deg]37.014[sec] E;
                                            19[deg]08.913[sec] S,
                                            147[deg]31.993[sec] E;
                                            19[deg]05.667[sec] S,
                                            147[deg]24.160[sec] E;
                                            19[deg]07.576[sec] S,
                                            147[deg]18.134[sec] E;
                                            18[deg]51.718[sec] S,
                                            146[deg]51.219[sec] E;
                                            18[deg]44.258[sec] S,
                                            146[deg]54.031[sec] E;
                                            18[deg]37.175[sec] S,
                                            146[deg]51.420[sec] E;
                                            18[deg]31.620[sec] S,
                                            146[deg]43.385[sec] E;
                                            18[deg]27.595[sec] S,
                                            146[deg]40.573[sec] E;
                                            17[deg]36.676[sec] S,
                                            146[deg]20.488[sec] E;
                                            17[deg]20.484[sec] S,
                                            146[deg]16.671[sec] E;
                                            17[deg]07.745[sec] S,
                                            146[deg]13.056[sec] E;
                                            16[deg]49.769[sec] S,
                                            146[deg]11.047[sec] E;
                                            16[deg]41.835[sec] S,
                                            146[deg]03.817[sec] E;
                                            16[deg]39.706[sec] S,
                                            145[deg]54.979[sec] E.
(xix) Bonney Upwelling on the south coast  37[deg]12[min]20.036[sec] S,         December through May, annually.
 of Australia.                              139[deg]31[min]17.703[sec] E;
                                            37[deg]37[min]33.815[sec] S,
                                            139[deg]42[min]42.508[sec] E;
                                            38[deg]10[min]36.144[sec] S,
                                            140[deg]22[min]57.345[sec] E;
                                            38[deg]44[min]50.558[sec] S,
                                            141[deg]33[min]50.342[sec] E;
                                            39[deg]07[min]04.125[sec] S,
                                            141[deg]11[min]00.733[sec] E;
                                            37[deg]28[min]33.179[sec] S,
                                            139[deg]10[min]52.263[sec] E.

[[Page 257]]

 
(xx) Northern Bay of Bengal and Head of    20[deg]59.735[min] N,                Year-round.
 Swatch-of-No-Ground.                       89[deg]07.675[sec] E;
                                            20[deg]55.494[min] N,
                                            89[deg]09.484[sec] E;
                                            20[deg]52.883[min] N,
                                            89[deg]12.704[sec] E;
                                            20[deg]55.275[min] N,
                                            89[deg]18.133[sec] E;
                                            21[deg]04.558[min] N,
                                            89[deg]25.294[sec] E;
                                            21[deg]12.655[min] N,
                                            89[deg]25.354[sec] E;
                                            21[deg]13.279[min] N,
                                            89[deg]16.833[sec] E;
                                            21[deg]06.347[min] N,
                                            89[deg]15.011[sec] E.
(xxi) Olympic Coast NMS and Prairie,       Boundaries within 23 nm (26.5 m;     Olympic NMS: December, January,
 Barkley Canyon, and Nitnat Canyon.         42.6 km) of the coast from           March, and May, annually.
                                            47[deg]07[min] N to 48[deg]30[min]
                                            N latitude.
                                           48[deg]30[min]01.995[sec] N,         The Prairie, Barkley Canyon, and
                                            125[deg]58[min]38.786[sec] W;        Nitnat Canyon: June through
                                            48[deg]16[min]55.605[sec] N,         September, annually.
                                            125[deg]38[min]52.052[sec] W;
                                            48[deg]23[min]07.353[sec] N,
                                            125[deg]17[min]10.935[sec] W;
                                            48[deg]12[min]38.241[sec] N,
                                            125[deg]16[min]42.339[sec] W;
                                            47[deg]58[min]20.361[sec] N,
                                            125[deg]31[min]14.517[sec] W;
                                            47[deg]58[min]20.361[sec] N,
                                            126[deg]06[min]16.322[sec] W;
                                            48[deg]09[min]46.665[sec] N,
                                            126[deg]25[min]48.758[sec] W.
(xxii) Abrolhos Bank.....................  16[deg]35[min]34.909[sec]            August through November,
                                            38[deg]52[min]30.455[sec];           annually.
                                            16[deg]35[min]31.619[sec]
                                            38[deg]43[min]41.069[sec];
                                            16[deg]40[min]00.131[sec]
                                            37[deg]23[min]52.492[sec];
                                            19[deg]30[min]59.069[sec]
                                            37[deg]23[min]52.446[sec];
                                            19[deg]30[min]59.974[sec]
                                            39[deg]33[min]38.351[sec];
                                            19[deg]20[min]24.752[sec]
                                            39[deg]30[min]33.03[sec];
                                            18[deg]52[min]16.884[sec]
                                            39[deg]32[min]31.789[sec];
                                            18[deg]45[min]09.937[sec]
                                            39[deg]32[min]27.709[sec];
                                            18[deg]30[min]59.345[sec]
                                            39[deg]30[min]59.669[sec];
                                            18[deg]27[min]28.985[sec]
                                            39[deg]30[min]13.453[sec];
                                            18[deg]17[min]30.429[sec]
                                            39[deg]26[min]21.073[sec];
                                            18[deg]07[min]43.518[sec]
                                            39[deg]19[min]52.924[sec];
                                            18[deg]09[min]24.931[sec]
                                            39[deg]16[min]24.913[sec];
                                            18[deg]10[min]04.585[sec]
                                            39[deg]12[min]30.425[sec];
                                            18[deg]10[min]20.682[sec]
                                            38[deg]39[min]06.185[sec];
                                            18[deg]08[min]50.404[sec]
                                            38[deg]35[min]00.059[sec];
                                            18[deg]06[min]05.466[sec]
                                            38[deg]31[min]41.385[sec];
                                            18[deg]02[min]09.399[sec]
                                            38[deg]29[min]26.179[sec];
                                            17[deg]58[min]01.372[sec]
                                            38[deg]28[min]45.409[sec];
                                            17[deg]53[min]58.883[sec]
                                            38[deg]29[min]34.612[sec];
                                            16[deg]48[min]58.768[sec]
                                            38[deg]55[min]23.768[sec];
                                            16[deg]43[min]15.682[sec]
                                            38[deg]53[min]40.007[sec].
----------------------------------------------------------------------------------------------------------------

    (g) Operational Exception for the SURTASS LFA Sonar Sound Field. 
During military operations SURTASS LFA sonar transmissions may exceed 
180 dB re: 1 [micro]Pa (rms) within the boundaries of a SURTASS LFA 
sonar OBIA when: operationally necessary to continue tracking an 
existing underwater contact; or operationally necessary to detect a new 
underwater contact within the OBIA. This exception does not apply to 
routine training and testing with the SURTASS LFA sonar systems.



Sec.  218.235  Requirements for monitoring.

    (a) The Holder of a Letter of Authorization issued pursuant to 
Sec.Sec. 216.106 and 218.238 must:
    (1) Conduct visual monitoring from the ship's bridge during daylight 
hours (30 minutes before sunrise until 30 minutes after sunset) during 
operations that employ SURTASS LFA sonar in the active mode. The SURTASS 
vessels shall have lookouts to maintain a topside watch with standard 
binoculars (7x) and with the naked eye.
    (2) Use low frequency passive SURTASS sonar to listen for vocalizing 
marine mammals; and
    (3) Use the HF/M3 active sonar 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, subject to the ramp-up requirements 
inSec. 216.234(e).
    (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 258]]

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.  218.230 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 will continue to assess data 
from the Marine Mammal Monitoring Program and work toward making some 
portion of that data, after appropriate security reviews, available to 
scientists with appropriate clearances. Any portions of the analyses 
conducted by these scientists based on these data that are determined to 
be unclassified after appropriate security reviews will be made 
publically available.
    (f) Holders of Letters of Authorization will continue to explore the 
feasibility of coordinating with other fleet assets and/or range 
monitoring programs to include the use of SURTASS towed horizontal line 
arrays to augment the collection of marine mammal vocalizations before, 
during, and after designated exercises.
    (g) Holders of Letters of Authorization will collect ambient noise 
data and will explore the feasibility of declassifying and archiving the 
ambient noise data for incorporation into appropriate ocean noise budget 
efforts.
    (h) Holders of Letters of Authorization will convene a Scientific 
Advisory Group (SAG) to analyze different types of monitoring/research 
that could increase the understanding of the potential effects of low-
frequency active sonar transmissions on beaked whales and/or harbor 
porpoises.
    (i) Holders of Letters of Authorization must conduct all monitoring 
required under the Letter of Authorization.



Sec.  218.236  Requirements for reporting.

    (a) The Holder of the Letter of Authorization must submit classified 
and unclassified 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 
unclassified annual report to the Director, Office of Protected 
Resources, NMFS, no later than 45 days after the expiration of a Letter 
of Authorization. The reports 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.
    (d) The Navy will continue to assess the data collected by its 
undersea arrays and work toward making some portion of that data, after 
appropriate security reviews, available to scientists with appropriate 
clearances. Any portions of the analyses conducted by these scientists 
based on these data that are determined to be unclassified after 
appropriate security reviews will be made publically available. The Navy

[[Page 259]]

will provide a status update to NMFS when they submit their annual 
application.
    (e) Following the Scientific Advisory Group's (SAG) submission of 
findings, and assuming the SAG recommends going forward with beaked 
whale and/or harbor porpoise monitoring/research, the Navy will either:
    (1) Draft a plan of action outlining their strategy for implementing 
the SAG's recommendations; or
    (2) Describe in writing why none of the SAG's recommendations are 
feasible and meet with NMFS to discuss any other potential options.



Sec.  218.237  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the U.S. Navy authority conducting the activity identified 
inSec. 218.230 must apply for and obtain a Letter of Authorization in 
accordance withSec. 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 and numbers of marine mammal species/
stocks potentially affected in each area for the 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 withSec. 216.104(b) and, 
if adequate and complete, issue a Letter of Authorization.



Sec.  218.238  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 renewal conditions inSec. 218.239.
    (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 take.
    (c) 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 these regulations.
    (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.  218.239  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued for the activity identified in 
Sec.  218.230 may be renewed upon:
    (1) Notification to NMFS that the activity described in the 
application submitted underSec. 218.237 will be undertaken and that 
there will not be a substantial modification to the described activity, 
mitigation or monitoring undertaken during the upcoming period;
    (2) Notification to NMFS of the information identified inSec. 
218.237(c);
    (3) Timely receipt of the monitoring reports required underSec. 
218.236, 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. 218.234,

[[Page 260]]

218.235, and 218.236 and the previous Letter of Authorization were 
undertaken and will be undertaken during the upcoming period of validity 
of a renewed Letter of Authorization; and
    (5) A determination by NMFS 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 
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.  218.240  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.
    (b) If NMFS determines that an emergency exists that poses a 
significant risk to the well-being of the species or stocks of marine 
mammals specified inSec. 218.230(b)(1), (2), or (3), NMFS may modify a 
Letter of Authorization without prior notice and opportunity for public 
comment. Notification will be published in the Federal Register within 
30 days of the action.



Sec.  218.241  Adaptive management.

    NMFS may modify (including through addition or deletion) 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. NMFS will provide a period of 30 days for public review and 
comment if such modifications are substantial. NMFS and the Navy will 
meet annually (if deemed necessary by either agency) to discuss the 
monitoring reports, Navy research and development outcomes, current 
science, and determine whether mitigation or monitoring modifications 
are appropriate. Below are some of the possible sources of new data that 
could contribute to the decision to modify the mitigation or monitoring 
measures:
    (a) Results from the Navy's monitoring from the previous year's 
operation of SURTASS LFA sonar.
    (b) Compiled results of Navy-funded research and development 
studies.
    (c) Results from specific stranding investigations.
    (d) Results from general marine mammal and sound research funded by 
the Navy or other sponsors.
    (e) Any information that reveals marine mammals may have been taken 
in a manner, extent or number not anticipated by these regulations or 
subsequent Letters of Authorization.

                        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?

[[Page 261]]

                        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?

                     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.

[[Page 262]]

    (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 underSec. 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 ofSec. 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.
    (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 ofSec. 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 underSec. 221.21 can participate as a party to the hearing 
underSec. 221.22.
    License party means a party to the license proceeding, as that term 
is defined at 18 CFR 385.102(c).

[[Page 263]]

    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 underSec. 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 underSec. 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 underSec. 
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.
    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 underSec. 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 underSec. 221.21, a notice of 
intervention and response underSec. 221.22, an answer underSec. 
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 
underSec. 221.35 stating how much additional time is needed and the 
reasons for the request.

[[Page 264]]

    (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 underSec. 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 underSec. 
221.21 must be filed with the Office of Habitat Conservation by December 
19, 2005.
    (2) Any notice of intervention and response underSec. 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 ofSec. 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 
underSec. 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 underSec. 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 modified prescription underSec. 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 underSec. 
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

[[Page 265]]

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 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 underSec. 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 inSec. 221.2.
    (2) NMFS will notify the parties of the date on which it refers a 
case for docketing underSec. 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 underSec. 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.

[[Page 266]]

    (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 underSec. 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 underSec. 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;
    (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.

[[Page 267]]

    (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] underSec. 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.



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 underSec. 221.21(b).
    (1) If you agree with the information provided by NMFS underSec. 
221.20(a) or by the requester underSec. 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 underSec. 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.

[[Page 268]]



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 underSec. 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 underSec. 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 underSec. 221.21.
    (b) Content. If NMFS files an answer:
    (1) For each of the numbered factual issues listed underSec. 
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:
    (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 underSec. 
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 inSec. 221.42(b); and
    (3) NMFS must file a notice containing the information required by

[[Page 269]]

paragraph (b)(2) of this section, if the hearing request will be 
consolidated with one or more other hearing requests underSec. 221.23.



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

    (a) Case referral. Within 50 days after the deadline inSec. 
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 underSec. 221.20;
    (2) The original of any hearing request underSec. 221.21;
    (3) The original of any notice of intervention and response under 
Sec.  221.22;
    (4) The original of any answer underSec. 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 inSec. 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 inSec. 
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.
    (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 underSec. 
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 underSec. 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 ofSec. 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;

[[Page 270]]

    (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 withSec. 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 inSec. 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).
    (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 underSec. 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

[[Page 271]]

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 underSec. 221.30, on or about the 20th day after 
issuance of the referral notice underSec. 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 underSec. 
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 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

[[Page 272]]

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 underSec. 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.
    (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

[[Page 273]]

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;
    (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 underSec. 221.41(c).
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order underSec. 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

[[Page 274]]

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 underSec. 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 underSec. 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.
    (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 inSec. 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

[[Page 275]]

underSec. 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 underSec. 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 underSec. 
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;
    (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

[[Page 276]]

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 underSec. 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.



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 underSec. 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

[[Page 277]]

in the hearing any part or all of a deposition taken underSec. 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;
    (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 ofSec. 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.

[[Page 278]]

    (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 underSec. 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.
    (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 underSec. 221.58; or
    (2) 90 days after issuance of the referral notice underSec. 
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.

[[Page 279]]

    (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 inSec. 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 inSec. 221.13(c); or
    (ii) Regular mail.
    (2) The provisions ofSec. 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:
    (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 underSec. 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 underSec. 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 underSec. 221.73(c).

[[Page 280]]



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 
underSec. 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 underSec. 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;
    (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.

[[Page 281]]

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.
    (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.

[[Page 282]]

    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;
    (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.''

[[Page 283]]

    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.
    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.

[[Page 284]]

    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.
    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

[[Page 285]]

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 
(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 inSec. 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.

[[Page 286]]

    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 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

[[Page 287]]

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.
    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

[[Page 288]]

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 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

[[Page 289]]

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, 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

[[Page 290]]

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 inSec. 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.
    (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

[[Page 291]]

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 inSec. 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 inSec. 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

[[Page 292]]

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.
    (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 toSec. 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 ofSec. 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

[[Page 293]]

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 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.

[[Page 294]]



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 toSec. 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 toSec. 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 inSec. 222.102.
    (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

[[Page 295]]

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 underSec. 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.



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 underSec. 222.307, and 
enhancement permits issued underSec. 222.308, as part of a

[[Page 296]]

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 ofSec. 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 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

[[Page 297]]

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:
    (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;

[[Page 298]]

    (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;
    (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

[[Page 299]]

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;
    (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 inSec. 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

[[Page 300]]

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.
    (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;

[[Page 301]]

    (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:
    (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;

[[Page 302]]

    (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;
    (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.

[[Page 303]]

    (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 inSec. 
223.206(d)(1). Whenever possible, live sea turtles shall be returned to 
their 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]

[[Page 304]]



                     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 inSec. 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 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.

[[Page 305]]

    (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]
223.210 North American green sturgeon.
223.211--223.300 [Reserved]
223.301 Special rules--marine and anadromous fishes.

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--Modified Flounder TED
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
Figure 17 to Part 223--Boone Wedge Cut Escape Opening
Figures 18a, 18b and 18c to Part 223--Large Frame TED Escape Opening; 
          Minimum Dimensions Using All-Bar Cuts (Triangular Cuts); Large 
          Frame TED Escape Opening; Minimum Dimensions Using All-Bar 
          Cuts and Leading Edge Cut; Large Frame TED Escape Opening; 
          Minimum Dimensions Using All-Points Side Cuts (Rectangular 
          Cut)
Figures 19a and 19b to Part 223--Chauvin Shrimp Deflector Installation 
          Details

    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) forSec. 
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

[[Page 306]]

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 inSec. 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
(4) Ringed seal, Arctic            Phoca (=Pusa)    The Arctic         77 FR 76737, 12/28/   NA
 subspecies                         hispida          subspecies of      12
                                    hispida          the ringed seal
                                                     includes all
                                                     ringed seals
                                                     from breeding
                                                     populations in
                                                     the Arctic Ocean
                                                     and adjacent
                                                     seas except west
                                                     of 157[deg] E.
                                                     Long., or west
                                                     of the Kamchatka
                                                     Peninsula, where
                                                     breeding
                                                     populations of
                                                     ringed seals of
                                                     the Okhotsk
                                                     subspecies are
                                                     listed as
                                                     threatened under
                                                     Sec.
                                                     223.102(a)(5);
                                                     or in the Baltic
                                                     Sea where
                                                     breeding
                                                     populations of
                                                     ringed seals are
                                                     listed as
                                                     threatened under
                                                     Sec.
                                                     223.102(a)(6).
(5) Ringed seal, Okhotsk           Phoca (=Pusa)    The Okhotsk        77 FR 76737, 12/28/   NA
 subspecies                         hispida          subspecies of      12
                                    ochotensis       the ringed seal
                                                     includes all
                                                     ringed seals
                                                     from breeding
                                                     populations west
                                                     of 157[deg] E.
                                                     Long., or west
                                                     of the Kamchatka
                                                     Peninsula, in
                                                     the Pacific
                                                     Ocean.
(6) Ringed seal, Baltic            Phoca (=Pusa)    The Baltic         77 FR 76737, 12/28/   NA
 subspecies                         hispida          subspecies of      12
                                    botnica          the ringed seal
                                                     includes all
                                                     ringed seals
                                                     from breeding
                                                     populations
                                                     within the
                                                     Baltic Sea.

[[Page 307]]

 
(7) Bearded seal, Beringia DPS...  Erignathus       The Beringia DPS   77 FR 76767, 12/28/   NA
                                    barbatus         of the bearded     12
                                    nauticus         seal includes
                                                     all bearded
                                                     seals from
                                                     breeding
                                                     populations in
                                                     the Arctic Ocean
                                                     and adjacent
                                                     seas in the
                                                     Pacific Ocean
                                                     between 145[deg]
                                                     E. Long.
                                                     (Novosibirskiye)
                                                     and 130[deg] W.
                                                     Long., except
                                                     west of 157[deg]
                                                     E. Long or west
                                                     of the Kamchatka
                                                     Peninsula, where
                                                     bearded seals
                                                     from breeding
                                                     populations of
                                                     the Okhotsk DPS
                                                     are listed as
                                                     threatened under
                                                     Sec.
                                                     223.102(a)(8)
(8) Bearded seal, Okhotsk DPS....  Erignathus       The Okhotsk DPS    77 FR 76767, 12/28/   NA
                                    barbatus         of the bearded     12
                                    nauticus         seal includes
                                                     all bearded
                                                     seals from
                                                     breeding
                                                     populations of
                                                     bearded seals
                                                     west of 157[deg]
                                                     E. Long. or west
                                                     of the Kamchatka
                                                     Peninsula in the
                                                     Pacific Ocean
(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, Sept.    NA.
 Northwest Atlantic Ocean DPS \2\                    Atlantic Ocean     22, 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, Sept.    NA.
 Atlantic Ocean DPS \2\                              Ocean south of     22, 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, Sept.    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, Sept.    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
(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.

[[Page 308]]

 
(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.
                                   ...............  .................  ....................  ...................
(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.

[[Page 309]]

 
(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 310]]

 
(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 311]]

 
(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 312]]

 
(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 313]]

 
 
(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 314]]

 
(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; 76 FR 35771,    2008
                                                     spawned            June 20, 2011; June  76 FR 35771; June
                                                     populations of     16, 2011              16, 2011
                                                     coho salmon in                          73 FR 7816; Feb 11,
                                                     Oregon coastal                           2008.
                                                     streams south of
                                                     the Columbia
                                                     River and north
                                                     of Cape Blanco,
                                                     including the
                                                     Cow Creek (ODFW
                                                     stock 37) coho
                                                     hatchery program

[[Page 315]]

 
 
(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
(29) Atlantic Sturgeon--Gulf of    Acipenser        Gulf of Maine      77 FR 5880; 2/6/12    NA.
 Maine DPS.                         oxyrinchus       Distinct
                                    oxyrinchus       Population
                                                     Segment. The GOM
                                                     DPS includes the
                                                     following: All
                                                     anadromous
                                                     Atlantic
                                                     sturgeon that
                                                     are spawned in
                                                     the watersheds
                                                     from the Maine/
                                                     Canadian border
                                                     and extending
                                                     southward to
                                                     include all
                                                     associated
                                                     watersheds
                                                     draining into
                                                     the Gulf of
                                                     Maine as far
                                                     south as
                                                     Chatham, MA, as
                                                     well as wherever
                                                     these fish occur
                                                     in coastal bays
                                                     and estuaries
                                                     and the marine
                                                     environment.
                                                     Within this
                                                     range, Atlantic
                                                     sturgeon have
                                                     been documented
                                                     from the
                                                     following
                                                     rivers:
                                                     Penobscot,
                                                     Kennebec,
                                                     Androscoggin,
                                                     Sheepscot, Saco,
                                                     Piscataqua,
                                                     Presumpscott,
                                                     and Merrimack.
                                                     The marine range
                                                     of Atlantic
                                                     sturgeon from
                                                     the GOM DPS
                                                     extends from
                                                     Hamilton Inlet,
                                                     Labrador, Canada
                                                     to Cape
                                                     Canaveral, FL.
                                                     The GOM DPS also
                                                     includes
                                                     Atlantic
                                                     sturgeon held in
                                                     captivity (e.g.,
                                                     hatcheries,
                                                     scientific
                                                     institutions)
                                                     and which are
                                                     identified as
                                                     fish belonging
                                                     to the GOM DPS
                                                     based on
                                                     genetics
                                                     analyses,
                                                     previously
                                                     applied tags,
                                                     previously
                                                     applied marks,
                                                     or documentation
                                                     to verify that
                                                     the fish
                                                     originated from
                                                     (hatched in) a
                                                     river within the
                                                     range of the GOM
                                                     DPS, or is the
                                                     progeny of any
                                                     fish that
                                                     originated from
                                                     a river within
                                                     the range of the
                                                     GOM DPS
 

[[Page 316]]

 
                                   ...............  .................  ....................  ...................
(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; 76 FR 58951, Sept. 22, 2011; 77 FR 
5911, Feb. 6, 2012; 77 FR 76737, 76767, Dec. 28, 2012]



 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 may only be retained, disposed of, or

[[Page 317]]

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 toSec.  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 318]]

 
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.


[[Page 319]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.016


[[Page 320]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.017


[[Page 321]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.018


[[Page 322]]

[GRAPHIC] [TIFF O      ] TC01JY91.019


[[Page 323]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.020


[[Page 324]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.021


[[Page 325]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.022


[[Page 326]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.023


[[Page 327]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.024


[[Page 328]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.025


[[Page 329]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.026


[[Page 330]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.027


[[Page 331]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.028


[[Page 332]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.029


[[Page 333]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.030


[[Page 334]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.031


[[Page 335]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.032


[[Page 336]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.033


[[Page 337]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.034


[[Page 338]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.035


[[Page 339]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.036


[[Page 340]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.037


[[Page 341]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.038


[[Page 342]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.039


[[Page 343]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.040


[[Page 344]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.041


[[Page 345]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.042


[[Page 346]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.043


[[Page 347]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.044

    (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 348]]

    (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, 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 inSec. 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 inSec. 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 inSec. 
223.102(a).
    (2) The prohibitions of paragraph (a) of this section relating to 
threatened Puget Sound steelhead listed inSec. 223.102(c)(23) do not 
apply to:
    (i) Activities specified in an application for a permit for 
scientific purposes

[[Page 349]]

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 inSec. 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 inSec. 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 350]]

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 351]]

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 inSec. 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 inSec. 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 352]]

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 inSec. 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 inSec. 223.203(b)(4), or on how any hatchery and genetic 
management plan addresses the criteria inSec. 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 353]]

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 inSec. 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 inSec. 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 354]]

    (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 inSec. 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 inSec. 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 355]]

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 inSec. 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 356]]

    (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 inSec. 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 357]]

    (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 inSec. 223.102(a) do not apply 
to non-Federal

[[Page 358]]

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 inSec. 
223.102(a), any person claiming the benefit of any limit listed in 
paragraph (b) of this section orSec. 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 359]]

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 toSec. 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 inSec. 
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 ofSec. 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 inSec. 223.206.
    (b) Except as provided inSec. 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 ofSec. 223.206(d);
    (2) Fish for, catch, take, harvest, or possess, fish or wildlife 
while on board

[[Page 360]]

a vessel, except if that vessel is in compliance with all applicable 
provisions ofSec. 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 inSec. 223.206(d)(1);
    (6) Possess a sea turtle in any manner contrary to the handling and 
resuscitation requirements ofSec. 223.206(d)(1);
    (7) Fail to comply immediately, in the manner specified atSec. 
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 inSec. 
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 inSec. 
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 361]]

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 ofSec. 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 underSec. 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 362]]

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 underSec. 635.4 
of this title, must comply with the handling and release requirements 
specified inSec. 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 363]]

    (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 364]]

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 365]]

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 366]]

    (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 inSec. 600.725 of 
chapter VI of this title, it is unlawful for any person who is not 
operating under a western Pacific longline permit underSec. 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 367]]

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 368]]

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[min] 
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 withSec. 
648.23(b) and there are no scallops on-board.

[64 FR 14070, Mar. 23, 1999]

    Editorial Note: For Federal Register citations affectingSec. 
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 
redesignatedSec. 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, unless 
otherwise specifically restricted below, with minimum dimensions as 
follows:

[[Page 369]]

    (A) Solid steel rod with a minimum outside diameter of \1/4\ inch 
(0.64 cm);
    (B) Fiberglass or aluminum rod with a minimum outside diameter of 
\1/2\ inch (1.27 cm); or
    (C) Steel or aluminum round, oval, or rectangular tubing with a 
minimum outside diameter or width 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).
    (D) Steel or aluminum flat bar with dimensions no less than \1/4\ 
inch (0.64 cm) in thickness by 1\1/2\ inches (3.85 cm) in depth. For 
flat bar less than \3/8\ inch (0.95 cm) in thickness, a horizontal brace 
bar to reinforce the deflector bars must be permanently attached to the 
frame and the rear face of each of the deflector bars within 4 inches 
(10.2 cm) of the midpoint of the TED frame. The horizontal brace bar 
must be constructed of approved material consistent with paragraph 
(a)(1)(i) of this section. 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 flat bar as the 
deflector bars.
    (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

[[Page 370]]

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 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.
    (D) Boone Wedge Cut opening. (Figure 17 to this part). The escape 
opening is made by making two cuts in the TED extension; one cut is fore 
and aft (i.e., along the length of the extension) and the other cut is 
horizontal to the extension. The horizontal cut is 50 meshes long and 
begins at a point 4 inches (10.2 cm) inward from the outside edge of the 
grid on one side and runs to the same point on the opposite side of the 
grid. The fore and aft cut begins in the middle of the horizontal cut 
and runs forward 49.5 inches (125.7 cm) toward the front edge of the TED 
extension. The added wedge of webbing is attached along its two leading 
edges to the edges of the fore and aft cut. The webbing wedge is made of 
1\7/8\ inch (4.8 cm) webbing and must have at least 41 meshes measuring 
at least 72 inches wide (182.9 cm) along its base (aft edge). The height 
of the wedge must measure at least 48.5 inches (123 cm). The top of the 
wedge is two bars across the leading edge then cut with a 1 point then 6 
bar taper. A webbing flap, as described in paragraph (d)(3)(iv) of this 
section, may be used with this escape opening, so long as the minimum 
opening size is achieved.

[[Page 371]]

    (E) Large TED openings. (Figures 18a, 18b, and 18c to this part). 
Large TED escape openings may be utilized in the following 
configurations:
    (1) A triangular cut (Figure 18a to this part), where the base of 
the triangle is defined by a straight-line measurement of the opening 
between the webbing attachment points on the TED frame that is no less 
than 40 inches (102 cm). The two side cuts of the triangle must be an 
all-bar taper from the point at which the webbing attaches to the TED 
frame to the apex of the triangle cut. Each side cut of the triangle 
must measure no less than 53 inches (135 cm). The sum of the straight-
line base measurement and two side cuts must be no less than 147 inches 
(373 cm). The side cuts of the triangular opening may be reinforced 
using rib lines attached from the TED frame to the apex of the opening. 
A webbing flap, as described in either paragraph (d)(3)(ii) or 
(d)(3)(iii) of this section, may be used with this escape opening, so 
long as the minimum opening size is achieved.
    (2) All-bar or all-points side cuts and a horizontal leading edge 
cut (Figures 18b and 18c to this part), where the straight-line 
measurement of the opening between the webbing attachment points on the 
TED frame may not be less than 40 inches (102 cm), and the two side 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. Only all-bar 
or all-points side cuts may be used; no combination tapers may be used 
when making the side cuts. The sum of the straight-line base measurement 
and the stretched measurements of the side cuts and leading edge cut 
must be no less than 147 inches (373 cm). A webbing flap, as described 
in either paragraph (d)(3)(ii) or (d)(3)(iii) of this section, may be 
used with this escape opening, so long as the minimum opening size is 
achieved.
    (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 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

[[Page 372]]

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 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

[[Page 373]]

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.
    (3) Boone Big Boy TED. The Boone Big Boy TED is a single-grid hard 
TED with a minimum outside horizontal and vertical measurement of 36.5 
inches (92.7 cm) and 48 inches (121.9 cm), respectively. The frame must 
be constructed of steel rod with a minimum outside diameter of \3/8\ 
inch (0.95 cm). The deflector bars must be constructed of steel rod with 
a minimum outside diameter of \1/4\ inch (0.64 cm). The space between 
the deflector bars must not exceed 4 inches (10.2 cm). A horizontal 
brace bar constructed of at least \1/4\-inch (0.64-cm) steel rod must be 
permanently attached to the frame and the rear face of each of the 
deflector bars within 4 inches (10.2 cm) of the midpoint of the TED 
frame. 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 must 
be constructed of the same size or larger material as the deflector 
bars. The Boone Big Boy TED must be used with the Boone Wedge Cut escape 
opening specified in (a)(7)(ii)(D) of this section. 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. The Boone Big Boy TED 
is exempt from the requirements of paragraph (a)(3)(ii) of this section, 
and may be installed at 55[deg] when fishing in the Gulf SFSTCA or the 
Atlantic SFSTCA.
    (4) Modified flounder TED. (Figure 11 to this part). The modified 
flounder TED is approved for use only in the Atlantic summer flounder 
bottom trawl fishery. The modified flounder TED is not an approved TED 
for use by shrimp trawlers. The modified flounder TED incorporates two 
separate grid frames that are attached together. The frames of the grids 
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 
(0.32 cm). Each of the two grids of the modified flounder TED must have 
outside dimensions of at least 36 inches (91.4 cm) in height and at 
least 48 inches (121.9 cm) in width. The upper grid is

[[Page 374]]

equipped with vertical deflector bars, which must be constructed of 
aluminum or steel flat bar with a minimum depth of 1\1/4\ inches (3.2 
cm) and a minimum thickness of \3/8\ inch (0.95 cm). Vertical deflector 
bars must be connected to the top and bottom of the upper grid. The 
space between the deflector bars of the upper grid must not exceed 4 
inches (10.2 cm). The lower grid is fabricated with both horizontal and 
vertical deflector bars, creating four narrow horizontal openings at the 
top, and three large rectangular openings along the bottom of the grid. 
The lower grid must have at least three horizontal deflector bars, 
constructed of aluminum or steel flat bar with a minimum depth of 1\1/2\ 
inches (3.8 cm) and a minimum thickness of \3/8\ inch (0.95 cm), which 
are connected to each side of the grid and angled at 30[deg] from the 
horizontal plane. Below this, a fourth horizontal deflector bar must be 
constructed of aluminum or steel pipe with a wall thickness of at least 
\1/8\ inch (0.32 cm) and with a 1\1/4\ inch (3.2 cm) outside diameter. 
These horizontal deflector bars must yield maximum spacings of 4\1/2\ 
inches (11.4 cm), 5\1/2\ inches (14.0 cm), 5\1/2\ inches (14.0 cm), and 
4\1/2\ inches (11.4 cm), as constructed from top to bottom and measured 
between the leading edges of adjacent deflector bars. There must be a 
maximum 10-inch (25.4 cm) space between the bottom-most horizontal 
deflector pipe bar and the grid frame bottom. Two additional vertical 
pipe sections running from the bottom of the grid frame to the bottom-
most horizontal deflector pipe bar must divide the opening at the bottom 
into three rectangles, each with a maximum height of 10 inches (25.4 cm) 
and a maximum width of 14 inches (35.6 cm). This TED must comply with 
paragraph (a)(2) of this section. The upper and lower grids of this TED 
must be laced together with heavy twine no less than \1/4\ inch (0.64 
cm) in diameter in order to maintain a consistent angle in both 
sections. There may be a gap between the two sections not to exceed 1 
inch (2.54 cm). The angle of the entire TED frame must be between 
30[deg] and 45[deg] 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 slope of 
the grids and the vertical deflector bars from forward to aft is upward. 
The modified flounder TED must use an escape opening consistent with 
paragraph (a)(7)(ii)(B), (C), (D), or (E) of this section. A webbing 
flap, as described in paragraphs (d)(3)(ii), (iii), or (iv) of this 
section, may be used with this escape opening, so long as the minimum 
opening size is achieved. This TED may not be configured with a bottom 
escape opening. Installation of an accelerator funnel is not permitted 
with this TED.
    (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-

[[Page 375]]

inch (10.2-cm) mesh panel must be securely joined with twine to one of 
the 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

[[Page 376]]

length must be cut along the centerline of the top body panel of the 
trawl net 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 
(243.8 cm) in taut width. All trawl webbing above the deflector panel 
between the 96-inch (243.8-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 (30.5 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 \1/4\ inch 
(0.64 cm) 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 ofSec. 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 2 inches (5.1 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 (15.2 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 (12.7 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.

[[Page 377]]

    (ii) 71-inch offshore TED Flap. The flap must be a 133-inch (338-cm) 
by 52-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 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 (147.3 cm) wide and may overlap each other no more than 
15 inches (38.1 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. Paragraph (d)(3) of this section 
notwithstanding, this flap may be installed on either the outside or 
inside of the TED extension. For interior installation, the flap may be 
sewn to the interior of the TED extension along the leading edge and 
sides to a point intersecting the TED frame; however, the flap must be 
sewn to the exterior of the TED extension from the point at which it 
intersects the TED frame to the trailing edge of the flap. Chafing 
webbing described in paragraph (d)(4) of this section may not be used 
with this type of flap.
    (iv) Boone Wedge Cut opening flap. (Figure 17 to this part). This 
escape opening flap is attached to the trailing edge of the horizontal 
cut and the wedge. The flap is made from a piece of 1\7/8\ inch (4.8 cm) 
webbing that is trapezoid in shape. The leading edge must be at least 94 
meshes wide, stretching to at least 164.5 inches (417.8 cm). The 
trailing edge is at least 87 meshes wide and at least 152 inches (386.1 
cm). The two sides are at least 8 meshes long and at least 15 inches 
(38.1 cm). The escape opening flap is attached only to the leading edge 
of the escape opening cut and is not attached along its sides.
    (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.

[[Page 378]]

    (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 (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.
    (8) Chauvin shrimp deflector. (Figures 19a and 19b to this part). 
The Chauvin shrimp deflector may be used on any approved TED design, but 
its installation must not reduce the minimum stretched measurements of 
the TED opening. The Chauvin shrimp deflector may not be installed with 
a bottom escape opening. The Chauvin shrimp deflector is constructed 
from a single piece of 3-inch (7.6-cm) inside diameter PVC pipe which 
measures 30 inches (76.2 cm) in length; the ends of the PVC pipe are 
left uncapped. A webbing or mesh bag is made and is used to encase the 
PVC pipe (Figure 19a to this part). The mesh bag is created using a 
single piece of 1\5/8\ inch (4.1 cm) stretched-mesh webbing made of 
nylon or polyethylene with dimensions 57 meshes

[[Page 379]]

wide by 10 meshes deep. The leading edge of the 57-mesh piece of webbing 
is attached around the PVC pipe and back to the row of meshes located 7 
meshes down the 10-mesh length. The ends of the webbing are sewn 
together on each end forming a webbing bag to assure the PVC pipe 
remains encased in the webbing. This leaves a 3-mesh tail hanging from 
the encased PVC pipe. The 3-mesh tail of the encased PVC pipe is then 
sewn to a single row of meshes on the inside of the trawl along the 57-
mesh edge, 3 meshes ahead of the forward cut of the TED escape opening. 
This would allow a 3-mesh overlap to the left and right of the forward 
cut (Figure 19b to this part).
    (9) Brace bar. (Figure 14a of this part). A horizontal brace bar may 
be added to a TED if the brace bar is constructed of aluminum or steel 
rod or tubing specified in 50 CFR 223.207(a)(1)(i)(A) through (C), or 
flat bar \3/8\-inch (0.95 cm) or more in thickness, and is permanently 
attached to the rear of the outer frame; for TEDs constructed of flat 
bar less than \3/8\-inch (0.95 cm) in thickness, the regulations 
specified in 50 CFR 223.207(a)(1)(i)(D) apply. The horizontal brace bar 
may be permanently secured to the rear face of each of the deflector 
bars. The horizontal brace bar may be offset behind the deflector bars, 
using spacer bars attached to the rear face of each of the deflector 
bars, not to exceed 5 inches (12.7 cm) in length, and must be 
constructed of the same size or larger material as the deflector bars.
    (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 toSec. 
223.206(d)(2). Applications should be made to the Southeast Regional 
Administrator (seeSec. 222.102 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; 77 FR 29907, May 21, 2012; 77 FR 48106, Aug. 13, 
2012]

    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 inSec. 223.102(d), except as provided inSec. 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 atSec. 
600.730 (b) through (d) of this title, with instructions and signals 
specified therein

[[Page 380]]

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 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

[[Page 381]]

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 underSec. 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 underSec. 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 toSec.  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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

[[Page 382]]

 
FLORIDA:
------------------------------------------------------------------------
The Board of Trustees of the       State Lands; Board of Trustees to
 Internal Improvement Trust Fund    Administer
                                   FL StatuteSec.  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 StatuteSec.  259.032
------------------------------------------------------------------------
FDEP                               Pollutant Discharge Prevention and
                                    Removal; Liability for Damage to
                                    Natural Resources
                                   FL StatuteSec.  376.121
------------------------------------------------------------------------
FDEP                               Land and Water Management; Coral Reef
                                    Restoration
                                   FL StatuteSec.  390.0558
------------------------------------------------------------------------
Florida Fish and Wildlife          Fish and Wildlife Conservation
 Conservation Commission            Commission
                                   FL StatuteSec.  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.
------------------------------------------------------------------------


[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 inSec. 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 inSec. 223.102(c)(1) do not apply to ongoing or future Federal, 
state, or private-sponsored scientific research or monitoring activities 
if:

[[Page 383]]

    (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 inSec. 
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 inSec. 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 inSec. 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;
    (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

[[Page 384]]

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 inSec. 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 inSec. 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 (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.

[[Page 385]]

    (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 inSec. 
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 inSec. 
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 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.

[[Page 386]]

    (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 inSec. 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 inSec. 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.Sec. 223.211-223.300  [Reserved]



Sec.  223.301  Special rules--marine and anadromous fishes.

    (a) Middle Columbia River steelhead (Oncorhynchus mykiss).
    (1) The Middle Columbia River steelhead located in the geographic 
areas identified in paragraph (a)(4) of this section comprise a 
nonessential, experimental population (NEP).
    (2) Take of this species that is allowed in the NEP area. (i) Taking 
of Middle Columbia River (MCR) steelhead that is otherwise prohibited by 
paragraph (a)(3) of this section and 50 CFR 223.203(a), provided that 
the taking is unintentional; not due to negligent conduct; and 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity. Examples of otherwise lawful activities include 
recreational fishing, recreation, agriculture, forestry, municipal 
usage, and other similar activities, which are carried out in accordance 
with Federal, state, and local laws and regulations as well as 
applicable tribal regulations.
    (ii) Handling of MCR steelhead in the NEP area by NMFS, Oregon 
Department of Fish and Wildlife (ODFW) and the Confederated Tribes of 
the Warm Springs Reservation of Oregon (CTWS) employees and authorized 
agents acting on their behalf for scientific purposes and by the 
Portland General Electric Company (PGE) and CTWS employees and 
authorized agents acting on their behalf for the purpose of

[[Page 387]]

monitoring and evaluating the ongoing reintroduction under the Federal 
Energy Regulatory Commission (FERC) license for the Pelton Round Butte 
Hydroelectric Project (FERC No. 2030).
    (iii) Taking of MCR steelhead incidental to any activities related 
to or associated with the operation and maintenance of Pelton Round 
Butte Hydroelectric Project's (FERC Project No. 2030) Round Butte Dam by 
PGE or CTWS as administered under a license issued by FERC. Acceptable 
forms of taking of steelhead include, but are not limited to, mortality, 
stranding, injury, impingement at Round Butte Dam facilities, or delay 
in up- or downstream passage associated with or caused by any of the 
following activities. Activities related to the operation and 
maintenance of Round Butte Dam include, but are not limited to:
    (A) Hydroelectric generation;
    (B) Maintenance of project facilities;
    (C) Provision of upstream and downstream fish passage,
    (D) Fish handling at fish separation and counting facilities;
    (E) Fish conservation activities;
    (F) Fish handling, tagging, and sampling in connection with FERC 
approved studies; and
    (G) Approved resource protection, 
mitigation, and enhancement measures.
    (iv) Handling MCR steelhead by Deschutes Valley Water District 
employees and agents acting on their behalf for the purpose of 
monitoring and evaluating the Opal Springs Hydroelectric Project (FERC 
No. 5891).
    (v) Take incidental to any activities related to or associated with 
the operation and maintenance of the Opal Springs Hydroelectric Project 
(FERC Project No. 5891) as administered under a license issued by FERC 
and the Settlement Agreement Concerning License Amendment for Fish 
Passage, dated October 2011.
    (vi) Take of MCR steelhead by any person with a valid permit issued 
by NMFS and a valid permit issued by the ODFW for educational purposes, 
scientific purposes, and the enhancement of propagation or survival of 
the species, zoological exhibition, and other conservation purposes 
consistent with the ESA.
    (3) Take of this species that is not allowed in the NEP area. (i) 
Except as expressly allowed in paragraph (a)(2) of this section, the 
taking of MCR steelhead is prohibited within the NEP geographic area, as 
provided in 50 CFR 223.203(a).
    (ii) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, MCR steelhead taken in 
violation of this paragraph (a)(3)(ii) and 50 CFR 223.203(a).
    (4) Geographic extent of the nonessential experimental population of 
Middle Columbia River steelhead. (i) The geographic range of this 
experimental population is all accessible reaches upstream of Round 
Butte Dam on the Deschutes River, including tributaries Whychus Creek, 
Crooked River and Metolius River. More specifically, the geographic 
range includes all accessible reaches of the Deschutes River downstream 
to Round Butte Dam; the Whychus Creek subbasin; the Metolius River 
subbasin; and the Crooked River subbasin from Bowman Dam downstream 
(including the Ochoco and McKay Creek watersheds) to its point of 
confluence with the Deschutes River.
    (ii) Round Butte Dam is the downstream terminus of this NEP. When 
MCR steelhead are below the Round Butte Dam, they will be outside the 
NEP area and thus considered part of the nonexperimental population.
    (5) Review and evaluation of nonessential experimental population. 
As a requirement under its Federal license to operate the Pelton Round 
Butte Project, Portland General Electric Company and the Confederated 
Tribes of the Warm Springs Reservation of Oregon will conduct monitoring 
over the 50-year term of the license. This monitoring will include 
collecting information on the reintroduction program that NMFS will use 
in evaluating the NEP designation.
    (6) Time frame for NEP designation. This NEP designation will expire 
on January 15, 2025.
    (b) [Reserved]

[78 FR 2907, Jan. 15, 2013]



                 Sec. Figures 1-2 to Part 223 [Reserved]

[[Page 388]]



                Sec. 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]



                 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 389]]



  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 390]]



    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 391]]



                Sec. Figure 10 to Part 223--Flounder TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.056


[58 FR 54069, Oct. 20, 1993]

[[Page 392]]



            Sec. Figure 11 to Part 223--Modified Flounder TED
[GRAPHIC] [TIFF OMITTED] TR21MY12.000


[77 FR 29910, May 21, 2012]

[[Page 393]]



  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 394]]



     Sec. Figure 13 to Part 223--Single Grid Hard TED Escape Opening
[GRAPHIC] [TIFF OMITTED] TC01JY91.060


[60 FR 15520, Mar. 24, 1995]

[[Page 395]]



 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 396]]



     Sec. Figure 15 to Part 223--Weedless TED Brace Bar Description
[GRAPHIC] [TIFF OMITTED] TR21FE03.003


[68 FR 8469, Feb. 21, 2003]

[[Page 397]]



 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 398]]



       Sec. Figure 17 to Part 223--Boone Wedge Cut Escape Opening
[GRAPHIC] [TIFF OMITTED] TR21MY12.001


[[Page 399]]



[77 FR 29911, May 21, 2012]



   Sec. Figures 18a, 18b and 18c to Part 223--Large Frame TED Escape 
Opening; Minimum Dimensions Using All-Bar Cuts (Triangular Cuts); Large 
  Frame TED Escape Opening; Minimum Dimensions Using All-Bar Cuts and 
  Leading Edge Cut; Large Frame TED Escape Opening; Minimum Dimensions 
              Using All-Points Side Cuts (Rectangular Cut)
[GRAPHIC] [TIFF OMITTED] TR21MY12.002


[77 FR 29912, May 21, 2012]



     Sec. Figures 19a and 19b to Part 223--Chauvin Shrimp Deflector 
                          Installation Details

[[Page 400]]

[GRAPHIC] [TIFF OMITTED] TR21MY12.003


[[Page 401]]



[77 FR 29912, May 21, 2012]



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 402]]

 
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          U.S.A., CA, including     77 FR 19562, April    64 FR 24049; May 5,
 Coast coho.            kitsutch.             all naturally spawning    2, 2012.              1999.
                                              populations of coho
                                              salmon from Punta Gorda
                                              in northern California
                                              south to and including
                                              Aptos Creek in central
                                              California, as well as
                                              populations in
                                              tributaries to San
                                              Francisco Bay,
                                              excluding the
                                              Sacramento-San Joaquin
                                              River system, as well
                                              as three artificial
                                              propagation programs:
                                              the Don Clausen Fish
                                              Hatchery Captive
                                              Broodstock Program,
                                              Scott Creek/King Fisher
                                              Flats Conservation
                                              Program, and the Scott
                                              Creek Captive
                                              Broodstock Program.
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.

[[Page 403]]

 
Atlantic Sturgeon--    Acipenser oxyrinchus  New York Bight Distinct   77 FR 5880; 2/6/12..  NA.
 New York Bight DPS.    oxyrinchus.           Population Segment. The
                                              NYB DPS includes the
                                              following: all
                                              anadromous Atlantic
                                              sturgeon that are
                                              spawned in the
                                              watersheds that drain
                                              into coastal waters,
                                              including Long Island
                                              Sound, the New York
                                              Bight, and Delaware
                                              Bay, from Chatham, MA
                                              to the Delaware-
                                              Maryland border on
                                              Fenwick Island. Within
                                              this range, Atlantic
                                              sturgeon have been
                                              documented from the
                                              Hudson and Delaware
                                              rivers as well as at
                                              the mouth of the
                                              Connecticut and Taunton
                                              rivers, and throughout
                                              Long Island Sound. The
                                              marine range of
                                              Atlantic sturgeon from
                                              the NYB DPS extends
                                              from Hamilton Inlet,
                                              Labrador, Canada to
                                              Cape Canaveral, FL. The
                                              NYB DPS also includes
                                              Atlantic sturgeon held
                                              in captivity (e.g.,
                                              hatcheries, scientific
                                              institutions) and which
                                              are identified as fish
                                              belonging to the NYB
                                              DPS based on genetics
                                              analyses, previously
                                              applied tags,
                                              previously applied
                                              marks, or documentation
                                              to verify that the fish
                                              originated from
                                              (hatched in) a river
                                              within the range of the
                                              NYB DPS, or is the
                                              progeny of any fish
                                              that originated from a
                                              river within the range
                                              of the NYB DPS.
Atlantic Sturgeon--    Acipenser oxyrinchus  Chesapeake Bay Distinct   77 FR 5880; 2/6/12..  NA.
 Chesapeake Bay DPS.    oxyrinchus.           Population Segment. The
                                              CB DPS includes the
                                              following: all
                                              anadromous Atlantic
                                              sturgeon that are
                                              spawned in the
                                              watersheds that drain
                                              into the Chesapeake Bay
                                              and into coastal waters
                                              from the Delaware-
                                              Maryland border on
                                              Fenwick Island to Cape
                                              Henry, VA, as well as
                                              wherever these fish
                                              occur in coastal bays
                                              and estuaries and the
                                              marine environment.
                                              Within this range,
                                              Atlantic sturgeon have
                                              been documented from
                                              the James, York,
                                              Potomac, Rappahannock,
                                              Pocomoke, Choptank,
                                              Little Choptank,
                                              Patapsco, Nanticoke,
                                              Honga, and South rivers
                                              as well as the
                                              Susquehanna Flats. The
                                              marine range of
                                              Atlantic sturgeon from
                                              the CB DPS extends from
                                              Labrador Inlet,
                                              Labrador, Canada to
                                              Cape Canaveral, FL. The
                                              CB DPS also includes
                                              Atlantic sturgeon held
                                              in captivity (e.g.,
                                              hatcheries, scientific
                                              institutions) and which
                                              are identified as fish
                                              belonging to the CB DPS
                                              based on genetics
                                              analyses, previously
                                              applied tags,
                                              previously applied
                                              marks, or documentation
                                              to verify that the fish
                                              originated from
                                              (hatched in) a river
                                              within the range of the
                                              CB DPS, or is the
                                              progeny of any fish
                                              that originated from a
                                              river within the range
                                              of the CB DPS.

[[Page 404]]

 
Atlantic Sturgeon--    Acipenser oxyrinchus  The Carolina DPS          77 FR 5914; 2/6/12..  NA.
 Carolina DPS.          oxyrinchus.           includes all Atlantic
                                              sturgeon that spawn or
                                              are spawned in the
                                              watersheds (including
                                              all rivers and
                                              tributaries) from
                                              Albemarle Sound
                                              southward along the
                                              southern Virginia,
                                              North Carolina, and
                                              South Carolina coastal
                                              areas to Charleston
                                              Harbor. The marine
                                              range of Atlantic
                                              sturgeon from the
                                              Carolina DPS extends
                                              from the Hamilton
                                              Inlet, Labrador,
                                              Canada, to Cape
                                              Canaveral, Florida. The
                                              Carolina DPS also
                                              includes Atlantic
                                              sturgeon held in
                                              captivity (e.g.,
                                              aquaria, hatcheries,
                                              and scientific
                                              institutions) and which
                                              are identified as fish
                                              belonging to the
                                              Carolina DPS based on
                                              genetics analyses,
                                              previously applied
                                              tags, previously
                                              applied marks, or
                                              documentation to verify
                                              that the fish
                                              originated from
                                              (hatched in) a river
                                              within the range of the
                                              Carolina DPS, or is the
                                              progeny of any fish
                                              that originated from a
                                              river within the range
                                              of the Carolina DPS.
Atlantic Sturgeon--    Acipenser oxyrinchus  The South Atlantic DPS    77 FR 5914; 2/6/12..  NA.
 South Atlantic DPS.    oxyrinchus.           includes all Atlantic
                                              sturgeon that spawn or
                                              are spawned in the
                                              watersheds (including
                                              all rivers and
                                              tributaries) of the ACE
                                              (Ashepoo, Combahee, and
                                              Edisto) Basin southward
                                              along the South
                                              Carolina, Georgia, and
                                              Florida coastal areas
                                              to the St. Johns River,
                                              Florida. The marine
                                              range of Atlantic
                                              sturgeon from the South
                                              Atlantic DPS extends
                                              from the Hamilton
                                              Inlet, Labrador,
                                              Canada, to Cape
                                              Canaveral, Florida. The
                                              South Atlantic DPS also
                                              includes Atlantic
                                              sturgeon held in
                                              captivity (e.g.,
                                              aquaria, hatcheries,
                                              and scientific
                                              institutions) and which
                                              are identified as fish
                                              belonging to the South
                                              Atlantic DPS based on
                                              genetics analyses,
                                              previously applied
                                              tags, previously
                                              applied marks, or
                                              documentation to verify
                                              that the fish
                                              originated from
                                              (hatched in) a river
                                              within the range of the
                                              South Atlantic DPS, or
                                              is the progeny of any
                                              fish that originated
                                              from a river within the
                                              range of the South
                                              Atlantic DPS.
----------------------------------------------------------------------------------------------------------------
\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); False killer whale (Pseudorca crassidens), 
Main Hawaiian Islands Insular distinct population segment; 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 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; Ladoga ringed seal (Phoca (=Pusa) hispida 
ladogensis); 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.

[[Page 405]]

    (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      Citation(s) for
---------------------------------------------------    Where listed           listing          critical habitat
           Common name             Scientific name                       determination(s)       designation(s)
----------------------------------------------------------------------------------------------------------------
(1) Green sea turtle.............  Chelonia mydas   Breeding colony    43 FR 32800; Jul 28,  NA.
                                                     populations in     1978
                                                     Florida and on
                                                     the Pacific
                                                     coast of Mexico
(2) Hawksbill sea turtle.........  Eretmochelys     Wherever found;    35 FR 8491; Jun 2,    47 FR 27295; Jun
                                    imbricata        tropical seas      1970                  24, 1982, 63 FR
                                                                                              46693; Sep 2,
                                                                                              1998, 64 FR 14052;
                                                                                              Mar 23, 1999.
(3) Kemp's ridley sea turtle.....  Lepidochelys     Wherever found;    35 FR 18319; Dec 2,   NA.
                                    kempii           tropical and       1970
                                                     temperate seas
                                                     in Atlantic
                                                     Basin, incl.
                                                     Gulf of Mexico
(4) Leatherback sea turtle.......  Dermochelys      Wherever found;    35 FR 8491; Jun 2,    43 FR 43688; Sep
                                    coriacea         tropical,          1970                  26, 1978, 44 FR
                                                     temperate, and                           17710; Mar 23,
                                                     subpolar seas                            1979, 64 FR 14052;
                                                                                              Mar 23, 1999.
(5) Loggerhead sea turtle--        Caretta caretta  Mediterranean Sea  76 FR 58951, Sept.    NA.
 Mediterranean Sea DPS.                              east of            22, 2011
                                                     5[deg]36[min] W
                                                     Long
(6) Loggerhead sea turtle--North   Caretta caretta  North Indian       76 FR 58951, Sept.    NA.
 Indian Ocean DPS.                                   Ocean north of     22, 2011
                                                     the equator and
                                                     south of 30[deg]
                                                     N. Lat
(7) Loggerhead sea turtle--North   Caretta caretta  North Pacific      76 FR 58951, Sept.    NA.
 Pacific Ocean DPS.                                  north of the       22, 2011
                                                     equator and
                                                     south of 60[deg]
                                                     N. Lat
(8) Loggerhead sea turtle--        Caretta caretta  Northeast          76 FR 58951, Sept.    NA.
 Northeast Atlantic Ocean DPS.                       Atlantic Ocean     22, 2011
                                                     north 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   Caretta caretta  South Pacific      76 FR 58951, Sept.    NA.
 Pacific Ocean DPS.                                  south of the       22, 2011
                                                     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    43 FR 32800; Jul 28,  NA.
                                    olivacea         populations on     1978
                                                     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).

    (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.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 406]]


[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; 77 FR 70939, Nov. 28, 2012; 77 FR 76737, Dec. 28, 
2012]



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.



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

[[Page 407]]

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 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

[[Page 408]]

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 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 inSec. 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):

[[Page 409]]

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; 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

[[Page 410]]

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.
    [GRAPHIC] [TIFF OMITTED] TR10OC08.036
    

[[Page 411]]


[GRAPHIC] [TIFF OMITTED] TR10OC08.037


[[Page 412]]


[GRAPHIC] [TIFF OMITTED] TR10OC08.038


[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 turtles (Dermochelys coriacea).
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).

[[Page 413]]

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).
226.221 Critical habitat for black abalone (Haliotis cracherodii).
226.222 Critical habitat for the southern Distinct Population Segment of 
          eulachon (Thaleichthys pacificus).

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 atSec. 223.102 
of this chapter if threatened and atSec. 224.101 of this chapter if 
endangered. For regulations pertaining to the designation of critical 
habitat, see part 424 of this title; for regulations pertaining to 
prohibitions against the adverse modification or destruction of critical 
habitat, see part 402 of this title. Additional information regarding 
designated critical habitats that is not provided in this section may be 
obtained upon request to the Office of Protected Resources (seeSec. 
222.102, definition of ``Office of Protected Resources'').

[ 77 FR 25622, May 1, 2012]



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).

[[Page 414]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.000


[[Page 415]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.001


[[Page 416]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.002


[[Page 417]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.003


[[Page 418]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.004


[[Page 419]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.005


[[Page 420]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.006


[[Page 421]]


[GRAPHIC] [TIFF OMITTED] TC01JY91.007


[53 FR 18990, May 26, 1988. Redesignated at 64 FR 14067, Mar. 23, 1999]

[[Page 422]]



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 423]]



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,

[[Page 424]]

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 425]]

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 426]]

[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 427]]

    (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 turtles (Dermochelys coriacea).

    Critical habitat is designated for leatherback turtles 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) 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] N. and 64[deg]50[min]00[sec] W.
    (b) All U.S. coastal marine waters within the areas in paragraphs 
(b)(1) and (2) of this section and as described in paragraphs (b)(3) and 
(4) of this section and depicted in paragraph (b)(5) of this section:
    (1) California.
    (i) The area bounded by Point Sur (36[deg]18[min]22[sec] N./
121[deg]54[min]9[sec] W.) then north along the shoreline following the 
line of extreme low water to Point Arena, California 
(38[deg]57[min]14[sec] N./123[deg]44[min]26[sec] W.) then west to 
38[deg]57[min]14[sec] N./123[deg]56[min]44[sec] W. then south along the 
200 meter isobath to 36[deg]18[min]46[sec] N./122[deg]4[min]43[sec] W. 
then east to the point of origin at Point Sur.
    (ii) Nearshore area from Point Arena, California, to Point Arguello, 
California (34[deg]34[min]33[sec] N./120[deg]38[min]41[sec] W.), 
exclusive of Area 1 (see above) and offshore to a line connecting 
38[deg]57[min]14[sec] N./124[deg]18[min]36[sec] W. and 
34[deg]34[min]32[sec] N./121[deg]39[min]51[sec] W along the 3000 meter 
isobath.
    (2) Oregon/Washington. The area bounded by Cape Blanco, Oregon 
(42[deg]50[min]4[sec] N./124[deg]33[min]44[sec] W.) north along the 
shoreline following the line of extreme low water to Cape Flattery, 
Washington (48[deg]23[min]10[sec] N./124[deg]43[min]32[sec] W.) then 
north to the U.S./Canada boundary at 48[deg]29[min]38[sec] N./
124[deg]43[min]32[sec] W. then west and south along the line of the U.S. 
Exclusive Economic Zone to 47[deg]57[min]38[sec] N./
126[deg]22[min]54[sec] W. then south along a line approximating the 
2,000 meter isobath that passes through points at 47[deg]39[min]55[sec] 
N./126[deg]13[min]28[sec] W., 45[deg]20[min]16[sec] N./125[deg]21[min] 
W. to 42[deg]49[min]59[sec] N./125[deg]8[min]10[sec] W. then east to the 
point of origin at Cape Blanco.
    (3) Critical habitat extends to a water depth of 80 meters from the 
ocean surface and is delineated along the shoreline at the line of 
extreme low water, except in the case of estuaries and bays where 
COLREGS lines (defined at 33 CFR part 80) shall be used as the shoreward 
boundary of critical habitat.
    (4) Primary Constituent Elements. The primary constituent element 
essential for conservation of leatherback turtles is the occurrence of 
prey species, primarily scyphomedusae of the order Semaeostomeae 
(Chrysaora, Aurelia, Phacellophora, and Cyanea), of

[[Page 428]]

sufficient condition, distribution, diversity, abundance and density 
necessary to support individual as well as population growth, 
reproduction, and development of leatherbacks.
    (5) A map of critical habitat for leatherback sea turtles follows.
    [GRAPHIC] [TIFF OMITTED] TR26JA12.016
    

[[Page 429]]



[77 FR 4200, Jan. 26, 2012]



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, 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

[[Page 430]]

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.
(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;

[[Page 431]]

    (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;
    (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,

[[Page 432]]

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).
    (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);


[[Page 433]]

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).
    (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,


[[Page 434]]

-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).
    (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:

[[Page 435]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.000


[[Page 436]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.001


[[Page 437]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.002


[[Page 438]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.003


[[Page 439]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.004


[[Page 440]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.005


[[Page 441]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.006


[[Page 442]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.007

    (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 443]]

-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);


[[Page 444]]

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 


[[Page 445]]

(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 446]]

    (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 447]]

-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 448]]

    (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 449]]

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 450]]

    (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 451]]

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


[[Page 452]]

(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:

[[Page 453]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.008


[[Page 454]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.009


[[Page 455]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.010


[[Page 456]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.011


[[Page 457]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.012


[[Page 458]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.013


[[Page 459]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.014

    (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 460]]

(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 461]]

    (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).

[[Page 462]]

    (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

[[Page 463]]

(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).

[[Page 464]]

    (9) Maps of critical habitat for the Central California Coast 
Steelhead ESU follow:
[GRAPHIC] [TIFF OMITTED] TR02SE05.015


[[Page 465]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.016


[[Page 466]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.017


[[Page 467]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.018


[[Page 468]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.019


[[Page 469]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.020


[[Page 470]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.021


[[Page 471]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.022

    (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 472]]

(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

[[Page 473]]

(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

[[Page 474]]

(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:

[[Page 475]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.023


[[Page 476]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.024


[[Page 477]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.025


[[Page 478]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.026


[[Page 479]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.027

    (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:

[[Page 480]]

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).

[[Page 481]]

    (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,


[[Page 482]]

-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:

[[Page 483]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.028


[[Page 484]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.029


[[Page 485]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.030


[[Page 486]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.031


[[Page 487]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.032


[[Page 488]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.033


[[Page 489]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.034


[[Page 490]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.035

    (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

[[Page 491]]

(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

[[Page 492]]

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:

[[Page 493]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.036


[[Page 494]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.037


[[Page 495]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.038


[[Page 496]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.039


[[Page 497]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.040


[[Page 498]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.041


[[Page 499]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.042


[[Page 500]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.043


[[Page 501]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.044


[[Page 502]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.045


[[Page 503]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.046


[[Page 504]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.047

    (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

[[Page 505]]

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

[[Page 506]]

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).

[[Page 507]]

    (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

[[Page 508]]

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:

[[Page 509]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.048


[[Page 510]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.049


[[Page 511]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.050


[[Page 512]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.051


[[Page 513]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.052


[[Page 514]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.053


[[Page 515]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.054


[[Page 516]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.055


[[Page 517]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.056


[[Page 518]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.057


[[Page 519]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.058


[[Page 520]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.059


[[Page 521]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.060


[[Page 522]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.061


[[Page 523]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.062


[[Page 524]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.063


[[Page 525]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.064


[[Page 526]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.065


[[Page 527]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.066


[[Page 528]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.067


[[Page 529]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.068


[[Page 530]]



[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 531]]

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 532]]

    (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


[[Page 533]]

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,


[[Page 534]]

-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 535]]

-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


[[Page 536]]

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 537]]

    (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:

[[Page 538]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.069


[[Page 539]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.070


[[Page 540]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.071


[[Page 541]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.072


[[Page 542]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.073


[[Page 543]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.074


[[Page 544]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.075


[[Page 545]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.076


[[Page 546]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.077


[[Page 547]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.078


[[Page 548]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.079


[[Page 549]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.080


[[Page 550]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.081


[[Page 551]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.082


[[Page 552]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.083


[[Page 553]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.084


[[Page 554]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.085

    (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 555]]

(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


[[Page 556]]

(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 557]]

-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 558]]

-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:

[[Page 559]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.086


[[Page 560]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.087


[[Page 561]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.088


[[Page 562]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.089


[[Page 563]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.090


[[Page 564]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.091


[[Page 565]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.092


[[Page 566]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.093


[[Page 567]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.094


[[Page 568]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.095


[[Page 569]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.096

    (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 570]]

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 571]]

    (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,


[[Page 572]]

-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

[[Page 573]]

(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:

[[Page 574]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.097


[[Page 575]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.098


[[Page 576]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.099


[[Page 577]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.100


[[Page 578]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.101


[[Page 579]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.102


[[Page 580]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.103


[[Page 581]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.104


[[Page 582]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.105


[[Page 583]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.106

    (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).

[[Page 584]]

    (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:

[[Page 585]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.107


[[Page 586]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.108


[[Page 587]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.109


[[Page 588]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.110


[[Page 589]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.111


[[Page 590]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.112

    (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 591]]

    (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:

[[Page 592]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.113


[[Page 593]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.114


[[Page 594]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.115


[[Page 595]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.116


[[Page 596]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.117


[[Page 597]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.118

    (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

[[Page 598]]

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,


[[Page 599]]

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:

[[Page 600]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.119


[[Page 601]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.120


[[Page 602]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.121


[[Page 603]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.122


[[Page 604]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.123


[[Page 605]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.124


[[Page 606]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.125


[[Page 607]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.126

    (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

[[Page 608]]

(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:
[GRAPHIC] [TIFF OMITTED] TR02SE05.128


[[Page 609]]


    (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

[[Page 610]]

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:

[[Page 611]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.129


[[Page 612]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.130


[[Page 613]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.131


[[Page 614]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.132


[[Page 615]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.133


[[Page 616]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.134


[[Page 617]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.135


[[Page 618]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.136


[[Page 619]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.137


[[Page 620]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.138

    (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

[[Page 621]]

(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 622]]

(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 623]]

    (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 624]]

(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 625]]

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 626]]

    (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 627]]

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 628]]

(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 629]]

    (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 630]]

    (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 631]]

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 632]]

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 633]]

    (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 634]]

    (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 635]]

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 636]]

(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 637]]

-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 638]]

-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 639]]

(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).

[[Page 640]]

    (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:

[[Page 641]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.139


[[Page 642]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.140


[[Page 643]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.141


[[Page 644]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.142


[[Page 645]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.143


[[Page 646]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.144


[[Page 647]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.145


[[Page 648]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.146


[[Page 649]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.147


[[Page 650]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.148


[[Page 651]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.149


[[Page 652]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.150


[[Page 653]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.151


[[Page 654]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.152


[[Page 655]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.153


[[Page 656]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.154


[[Page 657]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.155


[[Page 658]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.156


[[Page 659]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.157


[[Page 660]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.158


[[Page 661]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.159


[[Page 662]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.160


[[Page 663]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.161


[[Page 664]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.162


[[Page 665]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.163

    (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 666]]

-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 667]]

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).

[[Page 668]]

    (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 669]]

(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 670]]

    (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 671]]

-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 672]]

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 673]]

    (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 674]]

(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 675]]

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 676]]

-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 677]]

    (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:

[[Page 678]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.164


[[Page 679]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.165


[[Page 680]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.166


[[Page 681]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.167


[[Page 682]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.168


[[Page 683]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.169


[[Page 684]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.170


[[Page 685]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.171


[[Page 686]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.172


[[Page 687]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.173


[[Page 688]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.174


[[Page 689]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.175


[[Page 690]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.176


[[Page 691]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.177


[[Page 692]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.178


[[Page 693]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.179


[[Page 694]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.180

    (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 695]]

(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 696]]

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 697]]

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 698]]

-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 699]]

-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 700]]

-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 701]]

(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


[[Page 702]]

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:

[[Page 703]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.181


[[Page 704]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.182


[[Page 705]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.183


[[Page 706]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.184


[[Page 707]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.185


[[Page 708]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.186


[[Page 709]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.187


[[Page 710]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.188


[[Page 711]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.189


[[Page 712]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.190

    (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,


[[Page 713]]

-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).

[[Page 714]]

    (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

[[Page 715]]

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:

[[Page 716]]

[GRAPHIC] [TIFF OMITTED] TR02SE05.191


[[Page 717]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.192


[[Page 718]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.193


[[Page 719]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.194


[[Page 720]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.195


[[Page 721]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.196


[[Page 722]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.197


[[Page 723]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.198


[[Page 724]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.199

    (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

[[Page 725]]

(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 726]]

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); Bu-

chanan Creek (45.8270,-123.7901); Coal


[[Page 727]]

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 728]]

(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 729]]

(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 730]]

(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 731]]

(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 732]]

(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 733]]

(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 734]]

(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 735]]

(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 736]]

(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 737]]

(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 738]]

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 739]]

(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 740]]

(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 741]]

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 742]]

    (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 743]]

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 744]]

(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 745]]

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 746]]

(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 747]]

(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 748]]

(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 749]]

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 750]]

(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:

[[Page 751]]

[GRAPHIC] [TIFF OMITTED] TR11FE08.000


[[Page 752]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.001


[[Page 753]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.002


[[Page 754]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.003


[[Page 755]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.004


[[Page 756]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.005


[[Page 757]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.006


[[Page 758]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.007


[[Page 759]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.008


[[Page 760]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.009


[[Page 761]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.010


[[Page 762]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.011


[[Page 763]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.012


[[Page 764]]


[GRAPHIC] [TIFF OMITTED] TR11FE08.013


[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 765]]

    (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).

[[Page 766]]

[GRAPHIC] [TIFF OMITTED] TR05AP00.000


[[Page 767]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.001


[[Page 768]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.002


[[Page 769]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.003


[[Page 770]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.004


[[Page 771]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.005


[[Page 772]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.006


[[Page 773]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.007


[[Page 774]]


[GRAPHIC] [TIFF OMITTED] TR05AP00.008


[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 775]]

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 776]]

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:

[[Page 777]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.037


[[Page 778]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.038


[[Page 779]]


[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 780]]

    (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
    

[[Page 781]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.041


[[Page 782]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.042


[[Page 783]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.043


[[Page 784]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.044


[[Page 785]]


[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:

[[Page 786]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.046


[[Page 787]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.047


[[Page 788]]


[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:

[[Page 789]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.049


[[Page 790]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.050


[[Page 791]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.051


[[Page 792]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.052


[[Page 793]]


[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 794]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.054


[[Page 795]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.055


[[Page 796]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.056


[[Page 797]]


[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 798]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.058


[[Page 799]]


[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:

[[Page 800]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.060


[[Page 801]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.061


[[Page 802]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.062


[[Page 803]]


[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

[[Page 804]]

boundary continues 1 nm (1.9 km) offshore of the barrier islands and 
offshore of the 72 COLREGS lines at barrier island 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 805]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.064


[[Page 806]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.065


[[Page 807]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.066


[[Page 808]]


[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 809]]

[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 810]]

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 811]]


    (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 812]]

[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 813]]

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 814]]


    (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 815]]

[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 816]]

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 817]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.073


[68 FR 13454, Mar. 19, 2003]

[[Page 818]]



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:

[[Page 819]]

[GRAPHIC] [TIFF OMITTED] TR08AP08.005


[[Page 820]]


[GRAPHIC] [TIFF OMITTED] TR08AP08.006


[73 FR 19011, Apr. 8, 2008]

[[Page 821]]



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[min] 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[min] 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 822]]

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[sec] N, 80 
03[min]30[sec] 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.

[[Page 823]]

[GRAPHIC] [TIFF OMITTED] TR26NO08.001


[[Page 824]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.002


[[Page 825]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.003


[[Page 826]]


[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 827]]

(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 828]]



------------------------------------------------------------------------
            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 829]]



------------------------------------------------------------------------
            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 830]]

[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 831]]

 
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 832]]

 
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 833]]

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 834]]

    (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 835]]

[GRAPHIC] [TIFF OMITTED] TR10AU09.025


[[Page 836]]


[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 837]]

 
                                                      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 838]]

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 839]]

 
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 840]]

 
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 841]]

[GRAPHIC] [TIFF OMITTED] TR02SE09.000


[[Page 842]]


[GRAPHIC] [TIFF OMITTED] TR02SE09.001


[74 FR 45373, Sept. 2, 2009]

[[Page 843]]



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 844]]

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 845]]

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 846]]

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 847]]

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 848]]

    (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 849]]

[GRAPHIC] [TIFF OMITTED] TR09OC09.000


[[Page 850]]


[GRAPHIC] [TIFF OMITTED] TR09OC09.001


[[Page 851]]


[GRAPHIC] [TIFF OMITTED] TR09OC09.002


[[Page 852]]



[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 853]]

[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 854]]

    (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.  226.221  Critical habitat for black abalone (Haliotis cracherodii).

    Critical habitat is designated for black abalone 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--(1) Coastal Marine Areas: The 
critical habitat designation for black abalone within each coastal 
marine area below along the California coast is defined by four latitude 
and longitude coordinates that set the northern and southern boundaries, 
as well as by bathymetric specifications that set the shoreward and 
seaward boundaries. The northern boundary is the straight line between 
the northern coordinates and the southern boundary is the straight line 
between the southern coordinates, extending out as far as the seaward 
boundary, defined by the -6 m depth bathymetry line (relative to mean 
lower low water (MLLW)), and the shoreward boundary, defined by the line 
that marks mean higher high water (MHHW). Critical habitat only includes 
rocky intertidal and subtidal habitats within these areas from the MHHW 
line to a depth of -6 m relative to MLLW, as well as the marine waters 
above the rocky habitats.
    (i) Del Mar Landing Ecological Reserve in Sonoma County to Point 
Bonita in Marin County, California: northern coordinates: 
38[deg]44[min]25.04[sec] N, 123[deg]30[min]52.067[sec] W and 
38[deg]44[min]25.948[sec] N, 123[deg]30[min]19.175[sec] W; southern 
coordinates: 37[deg]49[min]3.404[sec] N, 122[deg]31[min]56.339[sec] W 
and 37[deg]49[min]3.082[sec] N, 122[deg]31[min]50.549[sec] W.
    (ii) South of San Francisco Bay in San Francisco County to Natural 
Bridges State Beach in Santa Cruz County, California: northern 
coordinates: 37[deg]47[min]17.078[sec] N, 122[deg]31[min]13.59[sec] W 
and 37[deg]47[min]17.524[sec] N, 122[deg]30[min]21.458[sec] W; southern 
coordinates: 36[deg]57[min]11.547[sec] N, 121[deg]58[min]36.276[sec] W 
and 36[deg]57[min]15.208[sec] N, 121[deg]58[min]31.424[sec] W.
    (iii) Pacific Grove in Monterey County to Cayucos in San Luis Obispo 
County, California: northern coordinates: 36[deg]36[min]41.16[sec] N, 
121[deg]53[min]30.453[sec] W and 36[deg]36[min]41.616[sec] N, 
121[deg]53[min]47.763[sec] W; southern coordinates: 
35[deg]26[min]22.887[sec] N, 120[deg]54[min]6.264[sec] W and 
35[deg]26[min]23.708[sec] N, 120[deg]53[min]39.427[sec] W.
    (iv) Monta[ntilde]a de Oro State Park in San Luis Obispo County, 
California to just south of Government Point in Santa Barbara County, 
California: northern coordinates: 35[deg]17[min]15.72[sec] N, 
120[deg]53[min]30.537[sec] W and 35[deg]17[min]15.965[sec] N, 
120[deg]52[min]59.583[sec] W; southern coordinates: 
34[deg]27[min]12.95[sec] N, 120[deg]22[min]10.341[sec] W and 
34[deg]27[min]25.11[sec] N, 120[deg]22[min]3.731[sec] W.
    (v) Palos Verdes Peninsula extending from the Palos Verdes/Torrance 
border to Los Angeles Harbor in southwestern Los Angeles County, 
California: northern coordinates: 33[deg]48[min]22.604[sec] N, 
118[deg]24[min]3.534[sec] W and 33[deg]48[min]22.268[sec] N, 
118[deg]23[min]35.504[sec] W; southern coordinates: 
33[deg]42[min]10.303[sec] N, 118[deg]16[min]50.17[sec] W and 
33[deg]42[min]25.816[sec] N, 118[deg]16[min]41.059[sec] W.
    (2) Coastal Offshore Islands: The black abalone critical habitat 
areas surrounding the coastal offshore islands listed below are defined 
by a seaward

[[Page 855]]

boundary that extends offshore to the -6m depth bathymetry line 
(relative to MLLW), and a shoreward boundary that is the line marking 
MHHW. Critical habitat only includes rocky intertidal and subtidal 
habitats from MHHW to a depth of -6 m relative to MLLW, including the 
marine waters above the rocky substrate.
    (i) Farallon Islands, San Francisco County, California.
    (ii)A[ntilde]o Nuevo Island, San Mateo County, California.
    (iii) San Miguel Island, Santa Barbara County, California.
    (iv) Santa Rosa Island, Santa Barbara County, California.
    (v) Santa Cruz Island, Santa Barbara County, California.
    (vi) Anacapa Island, Ventura County, California.
    (vii) Santa Barbara Island, Santa Barbara County, California.
    (viii) Santa Catalina Island, Los Angeles County, California.
    (b) Primary constituent elements. The primary constituent elements 
essential for the conservation of the black abalone are:
    (1) Rocky substrate. Suitable rocky substrate includes rocky benches 
formed from consolidated rock of various geological origins (e.g., 
igneous, metamorphic, and sedimentary) that contain channels with macro- 
and micro-crevices or large boulders (greater than or equal to 1 m in 
diameter) and occur from MHHW to a depth of -6 m relative to MLLW. All 
types of relief (high, medium and low; 0.5 to greater than 2 m vertical 
relief) support black abalone.
    (2) Food resources. Abundant food resources including bacterial and 
diatom films, crustose coralline algae, and a source of detrital 
macroalgae, are required for growth and survival of all stages of black 
abalone. The primary macroalgae consumed by juvenile and adult black 
abalone are giant kelp (Macrocystis pyrifera) and feather boa kelp 
(Egregia menziesii) in southern California (i.e., south of Point 
Conception) habitats, and bull kelp (Nereocystis leutkeana) in central 
and northern California habitats (i.e., north of Santa Cruz), although 
Macrocystis and Egregia may be more prominent in the habitat and diet in 
areas south of Santa Cruz. Southern sea palm (Eisenia arborea), elk kelp 
(Pelagophycus porra), stalked kelp (Pterygophora californica), and other 
brown kelps (Laminaria sp.) may also be consumed by black abalone.
    (3) Juvenile settlement habitat. Rocky intertidal and subtidal 
habitat containing crustose coralline algae and crevices or cryptic 
biogenic structures (e.g., urchins, mussels, chiton holes, conspecifics, 
anemones) is important for successful larval recruitment and juvenile 
growth and survival of black abalone less than approximately 25 mm shell 
length. Adult abalone may facilitate larval settlement and metamorphosis 
by grazing down algal competitors and thereby promoting the maintenance 
of substantial substratum cover by crustose coralline algae, 
outcompeting encrusting sessile invertebrates (e.g. tube worms and tube 
snails) for space and thereby promoting the maintenance of substantial 
substratum cover by crustose coralline algae as well as creating space 
for settling abalone, and emitting chemical cues that may induce 
settlement of abalone larvae.
    (4) Suitable water quality. Suitable water quality includes 
temperature (i.e., tolerance range: 12 to 25 [deg]C; optimal range: 18 
to 22 [deg]C), salinity (i.e., 30 to 35 ppt), pH (i.e., 7.5 to 8.5), and 
other chemical characteristics necessary for normal settlement, growth, 
behavior, and viability of black abalone.
    (5) Suitable nearshore circulation patterns. Suitable circulation 
patterns are those that retain eggs, sperm, fertilized eggs, and ready-
to-settle larvae within 100 km from shore so that successful 
fertilization and settlement to shallow intertidal habitat can take 
place.
    (c) Overview maps of black abalone critical habitat follow:

[[Page 856]]

[GRAPHIC] [TIFF OMITTED] TR27OC11.002


[[Page 857]]


[GRAPHIC] [TIFF OMITTED] TR27OC11.003


[76 FR 66841, Oct. 27, 2011]



Sec.  226.222  Critical habitat for the southern Distinct Population 
Segment of eulachon (Thaleichthys pacificus).

    Critical habitat is designated for the southern Distinct Population 
Segment of eulachon (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 only and not as a 
definitive source for determining critical habitat boundaries. In 
freshwater areas, critical habitat includes the stream channel and a 
lateral extent as

[[Page 858]]

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. In 
estuarine areas, critical habitat includes tidally influenced areas as 
defined by the elevation of mean higher high water.
    (a) Critical habitat boundaries. Critical habitat is designated to 
include the following areas in California, Oregon, and Washington:
    (1) Mad River, California. From the mouth of the Mad River 
(40[deg]57[min]37[sec] N./124[deg]7[min]36[sec] W.) upstream to the 
confluence with the North Fork Mad River (40[deg]52[min]32[sec] N./
123[deg]59[min]30[sec] W.).
    (2) Redwood Creek, California. From the mouth of Redwood Creek 
(41[deg]17[min]35[sec] N./124[deg]5[min]30[sec] W.) upstream to the 
confluence with Tom McDonald Creek (41[deg]12[min]25[sec] N./
124[deg]0[min]39[sec] W.).
    (3) Klamath River, California. From the mouth of the Klamath River 
(41[deg]32[min]52[sec] N./124[deg]4[min]58[sec] W.) upstream to the 
confluence with Omogar Creek (41[deg]29[min]13[sec] N./
123[deg]57[min]39[sec] W.)
    (4) Umpqua River, Oregon. From the mouth of the Umpqua River 
(43[deg]40[min]7[sec] N./124[deg]13[min]6[sec] W.) upstream to the 
confluence with Mill Creek (43[deg]39[min]20[sec] N./
123[deg]52[min]35[sec] W.).
    (5) Tenmile Creek, Oregon. From the mouth of Tenmile Creek 
(44[deg]13[min]34[sec] N./124[deg]6[min]45[sec] W.) upstream to the 
Highway 101 bridge crossing (44[deg]13[min]27[sec] N./
124[deg]6[min]35[sec] W.).
    (6) Sandy River, Oregon. From the confluence with the Columbia River 
upstream to the confluence with Gordon Creek (45[deg]29[min]45[sec] N./
122[deg]16[min]41[sec] W.).
    (7) Columbia River, Oregon and Washington. From the mouth of the 
Columbia River (46[deg]14[min]48[sec] N./124[deg]4[min]33[sec] W.) 
upstream to Bonneville Dam (45[deg]38[min]40[sec] N./
121[deg]56[min]28[sec] W.).
    (8) Grays River, Washington. From the confluence with the Columbia 
River upstream to Covered Bridge Road (46[deg]21[min]18[sec] N./
123[deg]34[min]52[sec] W.).
    (9) Skamokawa Creek, Washington. From the confluence with the 
Columbia River upstream to Peterson Road Bridge (46[deg]18[min]52[sec] 
N./123[deg]27[min]10[sec] W.).
    (10) Elochoman River, Washington. From the confluence with the 
Columbia River upstream to Monroe Road bridge crossing 
(46[deg]13[min]33[sec] N./123[deg]21[min]34[sec] W.).
    (11) Cowlitz River, Washington. From the confluence with the 
Columbia River upstream to the Cowlitz Salmon Hatchery barrier dam 
(46[deg]30[min]45[sec] N./122[deg]38[min]0[sec] W.).
    (12) Toutle River, Washington. From the confluence with the Cowlitz 
River upstream to Tower Road Bridge (46[deg]20[min]4[sec] N./
122[deg]50[min]26[sec] W.).
    (13) Kalama River, Washington. From the confluence with the Columbia 
River upstream to the confluence with Indian Creek (46[deg]2[min]22[sec] 
N./122[deg]46[min]7[sec] W.).
    (14) Lewis River, Washington. Lewis River mainstem, from the 
confluence with the Columbia River upstream to Merwin Dam 
(45[deg]57[min]24[sec] N./122[deg]33[min]22[sec] W.); East Fork of the 
Lewis River, from the confluence with the mainstem of the Lewis River 
upstream to the confluence with Mason Creek (45[deg]50[min]13[sec] N./
122[deg]38[min]37[sec] W.).
    (15) Quinault River, Washington. From the mouth of the Quinault 
River (47[deg]20[min]58[sec] N./124[deg]18[min]2[sec] W.) upstream to 
47[deg]19[min]58[sec] N./124[deg]15[min]1[sec] W.
    (16) Elwha River, Washington. From the mouth of the Elwha River 
(48[deg]8[min]51[sec] N./123[deg]34[min]1[sec] W.) upstream to Elwha Dam 
(48[deg]5[min]42[sec] N./123[deg]33[min]22[sec] W.).
    (b) Physical or biological features essential for conservation. The 
physical or biological features essential for conservation of the 
southern DPS of eulachon are:
    (1) Freshwater spawning and incubation sites with water flow, 
quality and temperature conditions and substrate supporting spawning and 
incubation.
    (2) Freshwater and estuarine migration corridors free of obstruction 
and with water flow, quality and temperature conditions supporting 
larval and adult mobility, and with abundant prey items supporting 
larval feeding after the yolk sac is depleted.
    (3) Nearshore and offshore marine foraging habitat with water 
quality and available prey, supporting juveniles and adult survival.

[[Page 859]]

    (c) 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) Lower Elwha Tribe, Washington;
    (2) Quinault Tribe, Washington;
    (3) Yurok Tribe, California; and
    (4) Resighini Rancheria, California.
    (d) Maps of critical habitat for the southern DPS of eulachon 
follow:
[GRAPHIC] [TIFF OMITTED] TR20OC11.000


[[Page 860]]


[GRAPHIC] [TIFF OMITTED] TR20OC11.001


[76 FR 65349, Oct. 20, 2011]

[[Page 861]]



     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
    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.........

[[Page 862]]

 
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.........
        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.........

[[Page 863]]

 
        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.........
        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.........

[[Page 864]]

 
        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]



                         Sec. Table 4 [Reserved]



   Sec. 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)......

[[Page 865]]

 
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).
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]


[[Page 867]]



                              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 869]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2013)

                      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 2--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 
                1800--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 870]]

       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)
     XXXIV  Department of Education (Parts 3400--3499)
      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--199)
        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)

[[Page 871]]

    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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 9000--9099)
    LXXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 9200--9299)

[[Page 872]]

   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (9600--9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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)

[[Page 873]]

       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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)

                    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)

[[Page 874]]

        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       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 1300--
                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)
       XVI  Office of Financial Research (Parts 1600--1699)
      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)

[[Page 875]]

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       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--1199)
         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 876]]

                    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 877]]

                       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  Millennium 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 878]]

        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, 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 879]]

        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--End)

           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 880]]

      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 Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       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, Department 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)

[[Page 881]]

         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       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 Improvement, 
                Department of Education (799--799)[Reserved]
            Subtitle C--Regulations Relating to Education
        XI  National Institute for Literacy (Parts 1100--1199)
       XII  National Council on Disability (Parts 1200--1299)

[[Page 882]]

                          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  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       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)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 883]]

       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 A--Federal Procurement Regulations System 
                [Note]
            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--599)

[[Page 884]]

         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 400--999)
        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)
         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 885]]

       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 886]]

        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 (Parts 5300--5399)[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 887]]

         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 (Parts 1400--
                1499)[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 889]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2013)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     22, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 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
  Advocacy and Outreach, Office of                7, XXV
  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

[[Page 890]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
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
Chemical Safety and Hazardous Investigation       40, VI
     Board
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
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                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  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 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              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I

[[Page 891]]

Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 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
  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          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 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                             2, IX; 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
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 892]]

  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                       5, XXXVII; 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
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV

[[Page 893]]

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; 8, 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
  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
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V

[[Page 894]]

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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  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
  Ocean Energy Management, Bureau of              30, V
  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
Iraq Reconstruction, Special Inspector General    5, LXXXVII
     for
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, XXVIII; 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
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 895]]

  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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Millennium 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   2, XXII; 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              5, LXXXVI; 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
National Park Service                             36, I
National Railroad Adjustment Board                29, III

[[Page 896]]

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
Ocean Energy Management, Bureau of                30, V
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                                       2, XXXVII; 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, 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
Private and Civil Liberties Oversight Board       6, X
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
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L

[[Page 897]]

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
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
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
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
[[Page 898]]

U.S. Copyright Office                             37, II
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 899]]



List of CFR Sections Affected



For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  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

                                  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

[[Page 900]]

    (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

                                  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

                                  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
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
226.221 Added......................................................66841
226.222 Added......................................................65349
229 Fisheries list.................................................73912

                                  2012

50 CFR
                                                                   77 FR
                                                                    Page
Chapter II
216 Harvest estimates...............................................6682
216.120 (a)(1) and (2) revised......................................4921
216.121 Revised.....................................................4921
216.170 (c) introductory text, (1) introductory text, (vii), (2) 
        introductory text, (ii)(H) and (d) revised..................4921
216.171 (a) revised.................................................4921

[[Page 901]]

216.177 (a) revised.................................................4921
216.178 (a) introductory text, (1) and (3) revised..................4921
216.240 (c) introductory text and (d) revised.......................4921
216.241 (a) revised.................................................4922
216.247 (a) revised.................................................4922
216.248 (a) introductory text, (1) and (3) revised..................4922
216.270 (c) introductory text, (1), (2) and (d) revised.............4922
216.271 (a) revised.................................................4922
216.277 (a) revised.................................................4922
216.278 (a) introductory text, (1) and (3) revised..................4922
217.11--217.18 (Subpart B) Added; eff. 6-28-12 through 6-28-17.....31544
217.80--217.89 (Subpart I) Added; eff. 4-23-12 through 4-24-17.....16736
218.1 (c) introductory text, (1), (i)(D), (ii) introductory text, 
        (d) and (e) revised.........................................4922
218.7 (a) revised...................................................4922
218.8 (a) introductory text, (1) and (3) revised....................4923
218.10 (c) introductory text, (1), (d) and (e) revised..............4923
218.13 (a)(4)(i)(A) revised.........................................4923
218.16 (a) revised..................................................4923
218.17 (a) introductory text, (1) and (3) revised...................4923
218.20 (c) introductory text, (1) introductory text and (d) 
        revised; (e) added..........................................4923
218.23 (a)(4)(i)(A) revised.........................................4923
218.26 (a) revised..................................................4923
218.27 (a) introductory text, (1) and (3) revised...................4923
218.30 (c) introductory text, (1) introductory text and (d) 
        revised; (e) added..........................................4924
218.33 (a)(3)(i)(A) revised.........................................4924
218.36 (a) revised..................................................4924
218.37 (a) introductory text, (1) and (3) revised...................4924
218.100 (c) introductory text, (1) introductory text and (2) 
        introductory text revised...................................4924
218.101 Revised.....................................................4924
218.107 (a) revised.................................................4924
218.108 (a) introductory text, (1) and (3) revised..................4924
218.110 (c) introductory text, (1) introductory text and (2) 
        introductory text revised...................................4924
218.111 Revised.....................................................4924
218.117 (a) revised.................................................4924
218.118 (a) introductory text, (1) and (3) revised..................4925
218.121 Revised.....................................................4925
218.127 (a) revised.................................................4925
218.128 (a) introductory text, (1) and (3) revised..................4925
218.170 (c) introductory text and (d) revised; (e) added............4925
218.176 (a) revised.................................................4925
218.177 (a) introductory text, (1) and (3) revised..................4925
218.180 (c) introductory text, (1) introductory text, (2) 
        introductory text, (3) introductory text, (4) introductory 
        text, (5) introductory text and (d) revised; (e) added......4925
218.186 (a) revised.................................................4926
218.187 (a) introductory text, (1) and (3) revised..................4926
218.230--218.241 (Subpart X) Added; eff. 8-15-12 through 8-15-17 
                                                                   50316
223.102 (c)(29) added...............................................5911
    (a)(4), (5) and (6) added......................................76738
    (a)(7) and (8) added...........................................76767
223.207 (a)(1)(i) introductory text, (C), (c)(1)(iv)(B), (d)(3) 
        introductory text and (iii) revised; (a)(1)(i)(D), 
        (7)(ii)(D), (E), (b)(3), (4), (d)(3)(iv), (8) and (9) 
        added......................................................29907
    (d)(9) correctly revised.......................................48106
223 Figure 11 added................................................29910
    Figure 17 added................................................29911
    Figures 18a, 18b, 18c, 19a and 19b added.......................29912
224.101 (a) table amended..............................5912, 5981, 19562
    (b) amended.............................................70939, 76738
226 Policy statement...............................................32909
226.101 Revised....................................................25622
226.207 Revised.....................................................4200

                                  2013

  (Regulations published from January 1, 2013, through October 1, 2013)

50 CFR
                                                                   78 FR
                                                                    Page
Chapter II
216.91 (a)(2)(ii) and (4) revised; (a)(2)(iii) and (5) added.......41002
216.93 Revised.....................................................41002

[[Page 902]]

217.151--217.158 (Subpart P) Added.................................20816
223.211 Removed.....................................................2907
223.301 Added.......................................................2907


                                  [all]