[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 50

Wildlife and Fisheries


________________________

Parts 200 to 227

                         Revised as of October 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



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

  Title 50:
          Chapter II--National Marine Fisheries Service, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Table of CFR Titles and Chapters........................    1167
      Alphabetical List of Agencies Appearing in the CFR......    1187
      List of CFR Sections Affected...........................    1197

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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 200.1 refers 
                       to title 50, part 200, 
                       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, October 1, 2023), 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 dropped in 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.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

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

REPUBLICATION OF MATERIAL

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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 
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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 
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law numbers, Federal Register finding aids, and related information. 
Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR 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 Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    October 1, 2023







[[Page ix]]



                               THIS TITLE

    Title 50--Wildlife and Fisheries is composed of thirteen volumes. 
The parts in these volumes are arranged in the following order: Parts 1-
16; part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to 
(e)), part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 
17 (17.99(a) to (h)), part 17 (17.99(i) to end of part 17), parts 18-
199, parts 200-227, parts 228-599, parts 600-659, and part 660 to end. 
The first nine volumes consist of parts 1-16, part 17 (17.1 to 
17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to (e)), part 17 
(17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) 
to 17.99(h)), part 17 (17.99(i) to end of part 17), and parts 18-199 and 
contain the current regulations issued under chapter I--United States 
Fish and Wildlife Service, Department of the Interior. The tenth volume 
(parts 200-227) contains the current regulations issued under chapter 
II--National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce. The eleventh volume (parts 228-
599) contains the remaining current regulations issued under chapter 
II--National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; and the current regulations 
issued under 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 twelfth and thirteenth 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, 2023.

    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, Stephen J. Frattini was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains parts 200 to 227)

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

chapter ii--National Marine Fisheries Service, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce..................................................         200

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




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

                    SUBCHAPTER A--GENERAL PROVISIONS
Part                                                                Page
200             Small Business Size Standards Established by 
                    NMFS for Regulatory Flexibility Act 
                    Compliance Purposes Only................           5
       SUBCHAPTER B--NORTH PACIFIC COMMERCIAL FISHERIES [RESERVED]
                      SUBCHAPTER C--MARINE MAMMALS
216             Regulations governing the taking and 
                    importing of marine mammals.............           6
217             Regulations governing the take of marine 
                    mammals incidental to specified 
                    activities..............................          89
218             Regulations governing the taking and 
                    importing of marine mammals.............         211
219             Regulations governing the taking and 
                    importing of marine mammals.............         340
220

[Reserved]

221             Conditions and prescriptions in FERC 
                    hydropower licenses.....................         354
222             General endangered and threatened marine 
                    species.................................         377
223             Threatened marine and anadromous species....         404
224             Endangered marine and anadromous species....         478
225

[Reserved]

226             Designated critical habitat.................         521
227

[Reserved]

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                     SUBCHAPTER A_GENERAL PROVISIONS





PART 200_SMALL BUSINESS SIZE STANDARDS ESTABLISHED BY NMFS FOR REGULATORY 
FLEXIBILITY ACT COMPLIANCE PURPOSES ONLY--Table of Contents



Sec.
200.1 Purpose and scope.
200.2 Small business size standards and frequency of review.

    Authority: 5 U.S.C. 601 et seq.

    Source: 80 FR 81198, Dec. 29, 2015, unless otherwise noted.



Sec.  200.1  Purpose and scope.

    (a) This part sets forth the National Marine Fisheries Service 
(NMFS) small business size standards for NMFS to use in conducting 
Regulatory Flexibility Act (RFA) analyses for NMFS actions subject to 
the RFA. This part also sets forth the timeframe for NMFS to review its 
small business size standards.
    (b) NMFS has established the alternative size standards in this 
part, for RFA compliance purposes only, in order to simplify the RFA 
analyses done in support of NMFS' rules, better meet the RFA's intent by 
more accurately representing expected disproportionate effects of NMFS' 
rules between small and large businesses, create a standard that more 
accurately reflects the size distribution of all businesses in the 
industry, and allow NMFS to determine when changes to the standard are 
necessary and appropriate.



Sec.  200.2  Small business size standards and frequency of review.

    (a) NMFS' small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing is $11 
million in annual gross receipts. This standard applies to all 
businesses classified under North American Industry Classification 
System (NAICS) code 11411 for commercial fishing, including all 
businesses classified as commercial finfish fishing (NAICS 114111), 
commercial shellfish fishing (NAICS 114112), and other commercial marine 
fishing (NAICS 114119) businesses.
    (b) NMFS will review each of the small business size standards in 
paragraph (a) of this section at least once every 5 years to determine 
if a change is warranted. A change may be warranted because of changes 
in industry structure, market conditions, inflation, or other relevant 
factors.



       SUBCHAPTER B_NORTH PACIFIC COMMERCIAL FISHERIES [RESERVED]



[[Page 6]]



                       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.
216.18 Approaching humpback whales in Alaska.
216.19 Special restrictions for humpback whales in waters surrounding 
          the islands of Hawaii.
216.20 Special restrictions for Hawaiian spinner dolphins.

                      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 in commercial fishing operations 
          including 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 subsistence use of fur seals.
216.73 Disposition of fur seal parts.
216.74 Cooperation between fur seal subsistence users, tribal and 
          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 7]]

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.

Subparts J-X[Reserved]

Figure 1 to Part 216--Northern Fur Seal Breeding Areas (Rookeries) and 
          Hauling Grounds on St. George Island, Alaska

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

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



                         Subpart A_Introduction



Sec.  216.1  Purpose of regulations.

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



Sec.  216.2  Scope of regulations.

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

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



Sec.  216.3  Definitions.

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

[[Page 8]]

    (3) Are significantly altered from their natural form and which are 
produced, decorated, or fashioned in the exercise of traditional native 
handicrafts without the use of pantographs, multiple carvers, or similar 
mass copying devices. Improved methods of production utilizing modern 
implements such as sewing machines or modern tanning techniques at a 
tannery registered pursuant to Sec.  216.23(c) may be used so long as no 
large scale mass production industry results. Traditional native 
handicrafts include, but are not limited to, weaving, carving, 
stitching, sewing, lacing, beading, drawing, and painting. The formation 
of traditional native groups, such as a cooperative, is permitted so 
long as no large scale mass production results.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Silver Spring, MD 20910, or his/her 
designee.
    Authentic native articles of handicrafts and clothing means items 
made by an Indian, Aleut or Eskimo which (a) were commonly produced on 
or before December 21, 1972, and (b) are composed wholly or in some 
significant respect of natural materials, and (c) are significantly 
altered from their natural form and which are produced, decorated, or 
fashioned in the exercise of traditional native handicrafts without the 
use of pantographs, multiple carvers, or similar mass copying devices. 
Improved methods of production utilizing modern implements such as 
sewing machines or modern tanning techniques at a tannery registered 
pursuant to Sec.  216.23(c) may be used so long as no large scale mass 
production industry results. Traditional native handicrafts include, but 
are not limited to, weaving, carving, stitching, sewing, lacing, 
beading, drawing, and painting. The formation of traditional native 
groups, such as a cooperative, is permitted so long as no large scale 
mass production results.
    Bigeye tuna means the species Thunnus obesus.
    Bluefin tuna means the species Thunnus thynnus or Thunnus 
orientalis.
    Bona fide scientific research: (1) Means scientific research on 
marine mammals conducted by qualified personnel, the results of which:
    (i) Likely would be accepted for publication in a refereed 
scientific journal;
    (ii) Are likely to contribute to the basic knowledge of marine 
mammal biology or ecology. (Note: This includes, for example, marine 
mammal parts in a properly curated, professionally accredited scientific 
collection); or
    (iii) Are likely to identify, evaluate, or resolve conservation 
problems.
    (2) Research that is not on marine mammals, but that may 
incidentally take marine mammals, is not included in this definition 
(see sections 101(a)(3)(A), 101(a)(5)(A), and 101(a)(5)(D) of the MMPA, 
and sections 7(b)(4) and 10(a)(1)(B) of the ESA).
    Bycatch limit means the calculation of a potential biological 
removal level for a particular marine mammal stock, as defined in Sec.  
229.2 of this chapter, or comparable scientific metric established by 
the harvesting nation or applicable regional fishery management 
organization or intergovernmental agreement.
    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

[[Page 9]]

and from which, while under charter or hire, persons are legally 
permitted to conduct sportfishing activities.
    Comparability finding means a finding by the Assistant Administrator 
that the harvesting nation for an export or exempt fishery has met the 
applicable conditions specified in Sec.  216.24(h)(6)(iii) subject to 
the additional considerations for comparability determinations set out 
in Sec.  216.24(h)(7).
    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.
    Exempt fishery means a foreign commercial fishing operation 
determined by the Assistant Administrator to be the source of exports of 
commercial fish and fish products to the United States and to have a 
remote likelihood of, or no known, incidental mortality and serious 
injury of marine mammals in the course of commercial fishing operations. 
A commercial fishing operation that has a remote likelihood of causing 
incidental mortality and serious injury of marine mammals is one that 
collectively with other foreign fisheries exporting fish and fish 
products to the United States causes the annual removal of:
    (1) Ten percent or less of any marine mammal stock's bycatch limit; 
or
    (2) More than 10 percent of any marine mammal stock's bycatch limit, 
yet that fishery by itself removes 1 percent or less of that stock's 
bycatch limit annually; or
    (3) Where reliable information has not been provided by the 
harvesting nation on the frequency of incidental mortality and serious 
injury of marine mammals caused by the commercial fishing operation, the 
Assistant Administrator may determine whether the likelihood of 
incidental mortality and serious injury is ``remote'' by evaluating 
information concerning factors such as fishing techniques, gear used, 
methods used to deter marine mammals, target species, seasons and areas 
fished, qualitative data from logbooks or fisher reports, stranding 
data, the species and distribution of marine mammals in the area, or 
other factors at the discretion of the Assistant Administrator. A 
foreign fishery will not be classified as an exempt fishery unless the 
Assistant Administrator has reliable information from the harvesting 
nation, or other information to support such a finding.
    Exemption period means the period during which commercial fishing 
operations that are the source of exports of commercial fish and fish 
products to the United States will be exempt from the prohibitions of 
Sec.  216.24(h)(1). The exemption period extends through December 31, 
2023.
    Facility means, in the context specific to captive marine mammals,: 
(1) One or more permanent primary enclosures used to hold marine mammals 
captive (i.e., pools, lagoons) and associated infrastructure (i.e., 
equipment and supplies necessary for the care and maintenance of marine 
mammals) where these enclosures are either located within the boundaries 
of a single contiguous parcel of land and water, or are grouped together 
within the same general area within which enclosure-to-enclosure 
transport is expected to be completed in less than one hour; or

[[Page 10]]

    (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.
    Fish and fish product means any marine finfish, mollusk, crustacean, 
or other form of marine life other than marine mammals, reptiles, and 
birds, whether fresh, frozen, canned, pouched, or otherwise prepared.
    Fisheries Certificate of Origin, or FCO, means NOAA Form 370, as 
described in Sec.  216.24(f)(4).
    Force majeure means forces outside the vessel operator's or vessel 
owner's control that could not be avoided by the exercise of due care.
    FSA means the Fur Seal Act of 1966, as amended, 16 U.S.C. 1151 et 
seq.
    Fur seal means North Pacific fur seal, scientifically known as 
Callorhinus ursinus.
    Hard part means any bone, tooth, baleen, treated pelt, or other part 
of a marine mammal that is relatively solid or durable.
    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 on 
the importation of fish or fish products issued under the authority of 
16 U.S.C. 1371(a)(2)(B), the definition of ``import'' in Sec.  
216.24(f)(1)(ii) shall apply.
    Incidental catch means the taking of a marine mammal (1) because it 
is directly interfering with commercial fishing operations, or (2) as a 
consequence of the steps used to secure the fish in connection with 
commercial fishing operations: Provided, That a marine mammal so taken 
must immediately be returned to the sea with a minimum of injury and 
further, that the taking of a marine mammal, which otherwise meets the 
requirements of this definition shall not be considered an incidental 
catch of that mammal if it is used subsequently to assist in commercial 
fishing operations.
    Intentional purse seine set means that a tuna purse seine vessel or 
associated vessels chase marine mammals and subsequently make a purse 
seine set.
    Intermediary nation means a nation that imports fish or fish 
products from a fishery on the List of Foreign Fisheries and re-exports 
such fish or fish products to the United States.
    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 11]]

    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.
    List of Foreign Fisheries means the most recent list, organized by 
harvesting nation, of foreign commercial fishing operations exporting 
fish or fish products to the United States, that is published in the 
Federal Register by the Assistant Administrator and that classifies 
commercial fishing operations according to the frequency and likelihood 
of incidental mortality and serious injury of marine mammals during such 
commercial fishing operations as either an exempt fishery or an export 
fishery.
    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.

[[Page 12]]

    Per-stock per-year dolphin mortality limit means the maximum 
allowable number of incidental dolphin mortalities and serious injuries 
from a specified stock per calendar year, as established under the IDCP.
    Pregnant means pregnant near term.
    Pribilovians means Indians, Aleuts, and Eskimos who live on the 
Pribilof Islands.
    Principal investigator means the individual primarily responsible 
for the taking, importation, export, and any related activities 
conducted under a permit issued for scientific research or enhancement 
purposes.
    Public display means an activity that provides opportunities for the 
public to view living marine mammals at a facility holding marine 
mammals captive.
    Regional Director means the Regional Administrator, Northeast 
Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930; or 
Regional Administrator, Northwest Regional Office, NMFS, 7600 Sandpoint 
Way, N.E., Building 1, Seattle, WA 98115; or Regional Administrator, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702; or Regional Administrator, Southwest Regional 
Office, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802; or Regional Administrator, Pacific Islands Regional Office, NMFS, 
1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814; or Regional 
Administrator, Alaska Regional Office, NMFS, PO Box 21668, Juneau, AK 
99802.
    Rehabilitation means treatment of beached and stranded marine 
mammals taken under section 109(h)(1) of the MMPA or imported under 
section 109(h)(2) of the MMPA, with the intent of restoring the marine 
mammal's health and, if necessary, behavioral patterns.
    Secretary shall mean the Secretary of Commerce or his authorized 
representative.
    Serious injury means any injury that will likely result in 
mortality.
    Sexual harassment means any unwelcome sexual advance, request for 
sexual favors, or other verbal and physical conduct of a sexual nature 
which has the purpose or effect of substantially interfering with an 
individual's work performance or creating an intimidating, hostile, or 
offensive working environment.
    Skipjack tuna means the species Euthynnus (Katsuwonus) pelamis.
    Soft part means any marine mammal part that is not a hard part. Soft 
parts do not include urine or fecal material.
    South Pacific Ocean means any waters of the Pacific Ocean that lie 
south of the equator.
    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--

[[Page 13]]

    (i) For other wildlife or fish or their parts, or
    (ii) For other food or for nonedible items other than money if the 
exchange is of a limited and noncommercial nature.
    Take means to harass, hunt, capture, collect, or kill, or attempt to 
harass, hunt, capture, collect, or kill any marine mammal. This 
includes, without limitation, any of the following: The collection of 
dead animals, or parts thereof; the restraint or detention of a marine 
mammal, no matter how temporary; tagging a marine mammal; the negligent 
or intentional operation of an aircraft or vessel, or the doing of any 
other negligent or intentional act which results in disturbing or 
molesting a marine mammal; and feeding or attempting to feed a marine 
mammal in the wild.
    Threatened species means a species of marine mammal listed as 
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205.
    Transboundary stock means a marine mammal stock occurring in the:
    (1) Exclusive economic zones or territorial sea of the United States 
and one or more other coastal States; or
    (2) Exclusive economic zone or territorial sea of the United States 
and on the high seas.
    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.
    U.S. regulatory program means the regulatory program governing the 
incidental mortality and serious injury of marine mammals in the course 
of commercial fishing operations as specified in the Marine Mammal 
Protection Act and its implementing regulations.
    Yellowfin tuna means the species Thunnus albacares (synonomy: 
Neothunnus macropterus).

[39 FR 1852, Jan. 15, 1974]

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

[[Page 14]]

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

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



Sec.  216.7  Holding and bonding.

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

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



Sec.  216.8  Enforcement officers.

    Enforcement Agents of the National Marine Fisheries Service shall 
enforce the provisions of the MMPA and may take any actions authorized 
by the MMPA with respect to enforcement. In addition, the Secretary may 
utilize, by agreement, the personnel, services, and facilities of any 
other Federal Agency for the purposes of enforcing this

[[Page 15]]

MMPA. Pursuant to the terms of section 107(b) of the MMPA, the Secretary 
may also designate officers and employees of any State or of any 
possession of the United States to enforce the provisions of this MMPA.

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



                         Subpart B_Prohibitions



Sec.  216.11  Prohibited taking.

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

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



Sec.  216.12  Prohibited importation.

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

[[Page 16]]

    (d) Any person to violate any term, condition, or restriction of any 
permit issued by the Secretary.

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



Sec.  216.14  Marine mammals taken before the MMPA.

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

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

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

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



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.

[[Page 17]]

    (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.
    (j) Sakhalin Bay-Nikolaya Bay-Amur River beluga whales 
(Delphinapterus leucas). The stock includes all beluga whales primarily 
occurring in, but not limited to, waters of Sakhalin Bay, Nikolaya Bay, 
and Amur River in the Sea of Okhotsk.

[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; 81 FR 74719, Oct. 27, 2016]



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

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

[59 FR 50376, Oct. 3, 1994]



Sec.  216.17  General prohibitions.

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

[70 FR 19008, Apr. 12, 2005]



Sec.  216.18  Approaching humpback whales in Alaska.

    (a) Prohibitions. Except as provided under paragraph (b) 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 (a)(1) through (a)(3) of this section with respect to 
humpback whales (Megaptera novaeangliae):
    (1) 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;
    (2) Cause a vessel or other object to approach within 100 yards 
(91.4 m) of a humpback whale; or
    (3) 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) Exceptions. The following exceptions apply, but any person who 
claims the applicability of an exception has the burden of proving that 
the exception applies:
    (1) Paragraph (a) of this section does not apply if an approach is 
authorized by the National Marine Fisheries Service through a permit 
issued under subpart D of this part (Special Exceptions) or through a 
similar authorization.
    (2) Paragraph (a) of this section does not apply to the extent that 
a vessel is restricted in its ability to maneuver and, because of the 
restriction, cannot comply with paragraph (a) of this section.
    (3) Paragraph (a) of this section does not apply to commercial 
fishing vessels

[[Page 18]]

lawfully engaged in actively setting, retrieving or closely tending 
commercial fishing gear. For purposes of this section, commercial 
fishing means taking or harvesting fish or fishery resources to sell, 
barter, or trade. Commercial fishing does not include commercial 
passenger fishing operations (i.e., charter operations or sport fishing 
activities).
    (4) Paragraph (a) of this section does not apply to state, local, or 
Federal government vessels operating in the course of official duty.
    (5) Paragraph (a) of this section does not affect the rights of 
Alaska Natives under 16 U.S.C. 1539(e).
    (6) This section shall not take precedence over any more restrictive 
conflicting Federal regulation pertaining to humpback whales, including 
the regulations at 36 CFR 13.1102-13.1188 that pertain specifically to 
the waters of Glacier Bay National Park and Preserve.
    (c) General measures. Notwithstanding the prohibitions and 
exceptions in paragraphs (a) and (b) 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 CFR 83.06 and the International Regulations 
for Preventing Collisions at Sea 1972 (see 33 U.S.C. 1602), with respect 
to avoiding collisions with humpback whales.

[81 FR 62020, Sept. 8, 2016]



Sec.  216.19  Special restrictions for humpback whales in waters 
surrounding the islands of Hawaii.

    (a) Prohibitions. Except as noted in paragraph (b) 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 the 
islands of Hawaii, any of the following acts with respect to humpback 
whales (Megaptera novaeangliae):
    (1) Operate any aircraft within 1,000 feet (304.8 m) of any humpback 
whale;
    (2) Approach, by any means, within 100 yards (91.4 m) of any 
humpback whale;
    (3) Cause a vessel, person, or other object to approach within 100 
yards (91.4 m) of a humpback whale;
    (4) Approach a humpback whale by interception (i.e., placing an 
aircraft, vessel, person, or other object in the path of a humpback 
whale so that the whale approaches within 1,000 feet (304.8 m) of the 
aircraft or 100 yards (91.4 m) of the vessel, person, or object); or
    (5) 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 movements; or the abandonment of a previously 
frequented area.
    (b) Exceptions. The prohibitions of paragraph (a) of this section do 
not apply to:
    (1) Federal, State, or local government vessels or persons operating 
in the course of their official duties such as law enforcement, search 
and rescue, or public safety;
    (2) Vessel operations necessary to avoid an imminent and serious 
threat to a person, vessel, or the environment;
    (3) Vessels restricted in their ability to maneuver, and because of 
this restriction are not able to comply with approach restrictions; or
    (4) Vessels or persons authorized under permit or authorization 
issued by NMFS to conduct scientific research or response efforts that 
may result in taking of humpback whales.
    (c) Affirmative defense. (1) In connection with any action alleging 
a violation of this section, any person claiming the benefit of any 
exemption, exception, or permit listed in paragraph (b) of this section 
has the burden of proving that the exemption or exception is applicable, 
or that the permit was granted and was valid and in force at the time of 
the alleged violation.
    (2) [Reserved]

[81 FR 62017, Sept. 8, 2016]

[[Page 19]]



Sec.  216.20  Special restrictions for Hawaiian spinner dolphins.

    (a) Applicability. The following special restrictions designed to 
protect Hawaiian Spinner Dolphins apply:
    (1) In all waters within 2 nautical miles (nmi) of the main Hawaiian 
Islands, and
    (2) In all waters bounded by the islands of L[amacr]na`i, Maui, and 
Kaho`olawe enclosed by 3 line segments that connect points on the 2-nmi 
boundary between the islands as follows: The straight line between 
20[deg]32[min]51[sec] N/156[deg]43[min]50[sec] W (Kaho`olawe) and 
20[deg]42[min]4[sec] N/156[deg]55[min]34[sec] W (L[amacr]na`i), the 
straight line between 20[deg]51[min]1[sec] N/156[deg]54[min]0[sec] W 
(L[amacr]na`i) and 20[deg]59[min]48[sec] N/156[deg]42[min]28[sec] W 
(Maui), and the straight line between 20[deg]33[min]55[sec] N/
156[deg]26[min]43[sec] W (Maui) and 20[deg]32[min]15[sec] N/
156[deg]29[min]51[sec] W (Kaho`olawe) (all coordinates referenced to The 
World Geodetic System of 1984 (WGS 84)).

 Table 1 to Paragraph (a)(2)--Coordinates for the Extent of the Designated Waters Bounded by L[amacr]na`i, Maui,
                                                and Kaho`olawe *
                   [All coordinates referenced to The World Geodetic System of 1984 (WGS 84).]
----------------------------------------------------------------------------------------------------------------
   Line segment between islands          Figure 3 label               Latitude                  Longitude
----------------------------------------------------------------------------------------------------------------
Kaho`olawe and L[amacr]na`i......  A1                         20[deg]32[min]51[sec] N   156[deg]43[min]50[sec] W
                                   A2                         20[deg]42[min]4[sec] N    156[deg]55[min]34[sec] W
L[amacr]na`i and Maui............  B1                         20[deg]51[min]1[sec] N    156[deg]54[min]0[sec] W
                                   B2                         20[deg]59[min]48[sec] N   156[deg]42[min]28[sec] W
Maui and Kaho`olawe..............  C1                         20[deg]33[min]55[sec] N   156[deg]26[min]43[sec] W
                                   C2                         20[deg]32[min]15[sec] N   156[deg]29[min]51[sec] W
----------------------------------------------------------------------------------------------------------------
* (see Figure 3 of this section).

    (b) Prohibitions. Except as noted in paragraph (c) 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 any of the following:
    (1) Approach or remain within 50 yards (45.7 m) of a Hawaiian 
spinner dolphin by any means;
    (2) Swim within 50 yards (45.7 m) of a Hawaiian spinner dolphin;
    (3) Cause a vessel, person, or other object to approach or remain 
within 50 yards (45.7 m) of a Hawaiian spinner dolphin; or
    (4) Intercept or place a vessel, person, or other object in the path 
of a Hawaiian spinner dolphin so that the dolphin approaches within 50 
yards (45.7 m) of the vessel, person, or object.
    (c) Exceptions. The prohibitions of paragraph (b) of this section do 
not apply to:
    (1) Any person who inadvertently comes within 50 yards (45.7 m) of a 
Hawaiian spinner dolphin or is approached by a spinner dolphin, provided 
the person makes no effort to engage or pursue the animal and takes 
immediate steps to move away from the animal;
    (2) Any vessel that is underway and is approached by a Hawaiian 
spinner dolphin, provided the vessel continues normal navigation and 
makes no effort to engage or pursue the animal. For purposes of this 
exception, a vessel is defined as a watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water (1 U.S.C. 3); a vessel is underway if it is not made fast to 
the shore, at anchor, or aground;
    (3) Any vessel transiting to or from a port, harbor, or in a 
restricted channel when a 50-yard (45.7 m) distance will not allow the 
vessel to maintain safe navigation;
    (4) Vessel operations necessary to avoid an imminent and serious 
threat to a person or vessel;
    (5) Any vessel that is anchored or aground and is approached by a 
Hawaiian spinner dolphin, provided the vessel makes no effort to engage 
or pursue the animal;
    (6) Activities authorized through a permit or authorization issued 
by the National Marine Fisheries Service to take Hawaiian spinner 
dolphins;
    (7) Federal, State, or local government vessels, aircraft, 
personnel, and assets when necessary in the course of performing 
official duties;

[[Page 20]]

    (8) Commercial fishing vessels that incidentally take spinner 
dolphins during the course of commercial fishing operations, provided 
such vessels operate in compliance with a valid marine mammal 
authorization in accordance with MMPA section 118(c).
    (d) Affirmative defense. In connection with any action alleging a 
violation of this section, any person claiming the benefit of any 
exemption, exception, or permit listed in paragraph (c) of this section 
has the burden of proving that the exemption or exception is applicable, 
or that the permit was granted and was valid and in force at the time of 
the alleged violation.
    (e) Maps of areas for Hawaiian spinner dolphin special restrictions. 
The following are overview maps and a table with corresponding 
coordinate data for the areas for Hawaiian spinner dolphin special 
restriction.
[GRAPHIC] [TIFF OMITTED] TR28SE21.002


[[Page 21]]


[GRAPHIC] [TIFF OMITTED] TR28SE21.003


86 FR 53841, Sept. 28, 2021]



                      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

[[Page 22]]

the course of such taking, to its natural habitat. In addition, any such 
official or employee may, incidental to such taking, possess and 
transport, but not sell or offer for sale, such mammal and use any port, 
harbor, or other place under the jurisdiction of the United States. All 
steps reasonably practicable under the circumstances shall be taken by 
any such employee or official to prevent injury or death to the marine 
mammal as the result of such taking. Where the marine mammal in question 
is injured or sick, it shall be permissible to place it in temporary 
captivity until such time as it is able to be returned to its natural 
habitat. It shall be permissible to dispose of a carcass of a marine 
mammal taken in accordance with this subsection whether the animal is 
dead at the time of taking or dies subsequent thereto.
    (b) Each taking permitted under this section shall be included in a 
written report to be submitted to the Secretary every six months 
beginning December 31, 1973. Unless otherwise permitted by the 
Secretary, the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has been retained in captivity, a description of the place and 
means of confinement and the measures taken for its maintenance and 
care; and
    (6) Such other information as the Secretary may require.
    (c) Salvage of dead stranded marine mammals or parts therefrom and 
subsequent transfer.
    (1) Salvage. In the performance of official duties, a state or local 
government employee; an employee of the National Marine Fisheries 
Service, the U.S. Fish and Wildlife Service, or any other Federal agency 
with jurisdiction and conservation responsibilities in marine shoreline 
areas; or a person authorized under 16 U.S.C. 1382(c) may take and 
salvage a marine mammal specimen if it is stranded and dead or it was 
stranded or rescued and died during treatment, transport, captivity or 
other rehabilitation subsequent to that stranding or distress if salvage 
is for the purpose of utilization in scientific research or for the 
purpose of maintenance in a properly curated, professionally accredited 
scientific collection.
    (2) Registration. A person salvaging a dead marine mammal specimen 
under this section must register the salvage of the specimen with the 
appropriate Regional Office of the National Marine Fisheries Service 
within 30 days after the taking or death occurs. The registration must 
include:
    (i) The name, address, and any official position of the individual 
engaged in the taking and salvage;
    (ii) A description of the marine mammal specimen salvaged including 
the scientific and common names of the species;
    (iii) A description of the parts salvaged;
    (iv) The date and the location of the taking;
    (v) Such other information as deemed necessary by the Assistant 
Administrator.
    (3) Identification and curation. The Regional Director will assign a 
single unique number to each carcass, and the parts thereof, that are 
salvaged under the provisions of this section. The person who salvaged 
the specimen may designate the number to be assigned. After this number 
is assigned, the person who salvaged the specimen must permanently mark 
that number on 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;

[[Page 23]]

    (ii) The person receiving the marine mammal specimen is an employee 
of the National Marine Fisheries Service, the U.S. Fish and Wildlife 
Service, or any other Federal agency with jurisdiction and conservation 
responsibilities in marine shoreline areas; is a person authorized under 
16 U.S.C. 1382(c); or is a person who has received prior authorization 
under paragraph (c)(6) of this section;
    (iii) The marine mammal specimen is transferred for the purpose of 
scientific research, for the purpose of maintenance in a properly 
curated, professionally accredited scientific collection, or for 
educational purposes;
    (iv) The unique number assigned by the National Marine Fisheries 
Service is on, marked on, or affixed to the marine mammal specimen or 
container; and
    (v) Except as provided under paragraph (c)(8) of this section, the 
person transferring the marine mammal specimen notifies the appropriate 
Regional Office of the National Marine Fisheries Service of the 
transfer, including notification of the number of the specimen 
transferred and the person to whom the specimen was transferred, within 
30 days after the transfer occurs.
    (6) Other transfers within the United States. Except as provided 
under paragraphs (c)(5) and (c)(8) of this section, a person who 
salvages a marine mammal specimen, or who has received a marine mammal 
specimen under the provisions of this section, may not transfer that 
specimen to another person within the United States unless the Regional 
Director of the appropriate Regional Office of the National Marine 
Fisheries Service grants prior written authorization for the transfer. 
The Regional Director may grant authorization for the transfer if there 
is evidence that the conditions listed under paragraphs (c)(5)(i), 
(c)(5)(iii), and (c)(5)(iv) of this section are met.
    (7) Tranfers outside of the United States. A person who salvages a 
marine mammal specimen, or a person who has received a marine mammal 
specimen under the provisions of this section, may not transfer that 
specimen to a person outside of the United States unless the Assistant 
Administrator grants prior written authorization for the transfer. The 
Assistant Administrator may grant authorization for the transfer if 
there is evidence that the conditions listed under paragraphs (c)(5)(i), 
(c)(5)(iii), and (c)(5)(iv) of this section are met.
    (8) Exceptions to requirements for notification or prior 
authorization. A person may transfer a marine mammal specimen salvaged 
under this section without the notification required in paragraph 
(c)(5)(v) of this section or the prior authorization required in 
paragraph (c)(6) of this section if:
    (i) The transfer is a temporary transfer to a laboratory or research 
facility within the United States so that analyses can be performed for 
the person salvaging the specimen; or
    (ii) The transfer is a loan of not more than 1 year to another 
professionally accredited scientific collection within the United 
States.

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



Sec.  216.23  Native exceptions.

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

[[Page 24]]

    (iii) It is an edible portion and it is sold in an Alaskan Native 
village or town.
    (2) No marine mammal taken for purposes of creating and selling 
authentic native articles of handicraft and clothing may be sold or 
otherwise transferred to any person other than an Indian, Aleut or 
Eskimo, or delivered, carried, transported or shipped in interstate or 
foreign commerce, unless:
    (i) It is being sent by an Indian, Aleut or Eskimo directly or 
through a registered agent to a tannery registered under paragraph (c) 
of this section for the purpose of processing, and will be returned 
directly or through a registered agent to the Indian, Aleut or Eskimo; 
or
    (ii) It is sold or transferred to a registered agent for resale or 
transfer to an Indian, Aleut, or Eskimo; or
    (iii) It has first been transformed into an authentic native article 
of handicraft or clothing; or
    (iv) It is an edible portion and sold (A) in an Alaskan Native 
village or town, or (B) to an Alaskan Native for his consumption.
    (c) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director, National 
Marine Fisheries Service, U.S. Department of Commerce, Washington, DC 
20235, for registration as a tannery or an agent which may possess and 
process marine mammal products for Indians, Aleuts, or Eskimos. The 
application shall include the following information:
    (i) The name and address of the applicant;
    (ii) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (iii) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos pursuant to 
this section;
    (iv) Such other information as the Secretary may request;
    (v) A certification in the following language:

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

    (vi) The signature of the applicant.

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

[[Page 25]]

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

[[Page 26]]

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

[[Page 27]]



                                                                      Harvest Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Expected
                 5-year population averages                      ``High'' growth rate      ``Intermediate'' growth    ``Low'' growth rate     Mortality
                                                                                                     rate                                       Limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 350..............................................                             0                        0                        0            -
350-399....................................................          8 strikes in 5 years     5 strikes in 5 years     5 strikes in 5 years           21
400-449....................................................          9 strikes in 5 years     8 strikes in 5 years     5 strikes in 5 years           24
450-499....................................................         10 strikes in 5 years     8 strikes in 5 years     5 strikes in 5 years           27
500-524....................................................         14 strikes in 5 years     9 strikes in 5 years     5 strikes in 5 years           30
525-549....................................................         16 strikes in 5 years    10 strikes in 5 years     5 strikes in 5 years           32
550-574....................................................         20 strikes in 5 years    15 strikes in 5 years     5 strikes in 5 years           33
575-599....................................................         22 strikes in 5 years    16 strikes in 5 years     5 strikes in 5 years           35
600-624....................................................         24 strikes in 5 years    17 strikes in 5 years     6 strikes in 5 years           36
625-649....................................................         26 strikes in 5 years    18 strikes in 5 years     6 strikes in 5 years           38
650-699....................................................         28 strikes in 5 years    19 strikes in 5 years     7 strikes in 5 years           39
700-779....................................................         32 strikes in 5 years    20 strikes in 5 years     7 strikes in 5 years           42
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 in commercial fishing operations 
including tuna purse seine vessels in the eastern tropical Pacific Ocean.

    (a)(1) No marine mammal may be taken in the course of a commercial 
fishing operation by a U.S. purse seine fishing vessel in the ETP unless 
the taking constitutes an incidental catch as defined in Sec.  216.3, 
and vessel and operator permits have been obtained in accordance with 
these regulations, and such taking is not in violation of such permits 
or regulations.
    (2)(i) It is unlawful for any person using a U.S. purse seine 
fishing vessel of 400 short tons (st) (362.8 metric tons (mt)) carrying 
capacity or less to intentionally deploy a net on or to encircle 
dolphins, or to carry more than two speedboats, if any part of its 
fishing trip is in the ETP.
    (ii) It is unlawful for any person using a U.S. purse seine fishing 
vessel of greater than 400 st (362.8 mt) carrying capacity that does not 
have a valid permit obtained under these regulations to catch, possess, 
or land tuna if any part of the vessel's fishing trip is in the ETP.
    (iii) It is unlawful for any person subject to the jurisdiction of 
the United States to receive, purchase, or possess

[[Page 28]]

tuna caught, possessed, or landed in violation of paragraph (a)(2)(ii) 
of this section.
    (iv) It is unlawful for any person subject to the jurisdiction of 
the United States to intentionally deploy a purse seine net on, or to 
encircle, dolphins from a vessel operating in the ETP when there is not 
a DML assigned to that vessel.
    (v) It is unlawful for any person subject to the jurisdiction of the 
United States to intentionally deploy a purse seine net on, or to 
encircle, dolphins from a vessel operating in the ETP with an assigned 
DML after a set in which the DML assigned to that vessel has been 
reached or exceeded.
    (vi) Alleged violations of the Agreement on the IDCP and/or these 
regulations identified by the International Review Panel will be 
considered for potential enforcement action by NMFS.
    (3) Upon written request made in advance of entering the ETP, the 
limitations in paragraphs (a)(2)(ii) and (e)(1) of this section may be 
waived by the Administrator, West Coast 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, West Coast 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, West Coast 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, by email to [email protected], or through an 
online permit system, allowing at least 15 days for processing. To 
submit an ETP vessel permit application online, a request must first be 
made to [email protected], and NMFS will give instructions about whether 
and how an online application can be made. To request that a vessel in 
excess of 400 st (362.8 mt) carrying capacity be categorized as active 
on the Vessel Register under Sec.  300.22(b)(4)(ii) of this title in the 
following calendar year, the owner or managing owner must submit the 
vessel permit application, payment of the vessel permit application fee, 
and payment of the vessel assessment

[[Page 29]]

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, West Coast 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, West Coast Region.
    (ii) Operator permit fee. The Assistant Administrator may require a 
fee to be submitted with an application for an operator permit. The 
level of such a fee shall be determined in accordance with the NOAA 
Finance Handbook and specified by the Administrator, West Coast 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 to the 
IATTC, no later than September 15 of the year prior to the calendar year 
for which the DML is requested. Payment of the vessel assessment fee 
must be consistent with the fee for active status on the Vessel Register 
under Sec.  300.22(b)(4) of this title.
    (B) The owner or managing owner of a purse seine vessel for which 
active or inactive status on the Vessel Register, as defined in Sec.  
300.21 of this title, has been requested, but for which a DML has not 
been requested, must submit payment of the vessel assessment fee to the 
IATTC, no later than November 30 of the year prior to the calendar year 
in which the vessel will be listed on the Vessel Register. Payment of 
the vessel assessment fee is required only if the vessel is listed as 
active and is required to carry an observer, or if the vessel is listed 
as inactive and exceeds 400 st (362.8 mt) in carrying capacity. Payment 
of the vessel assessment fee must be consistent with the vessel's 
status, either active or inactive, on the Vessel Register in Sec.  
300.22(b)(4) of this title.
    (C) The owner or managing owner of a purse seine vessel that is 
permitted and authorized under an alternative international tuna purse 
seine fisheries management regime in the Pacific Ocean must submit the 
vessel assessment fee to the IATTC, prior to obtaining an observer and 
entering the ETP to fish. Consistent with Sec.  300.22(b)(1) of this 
title, this class of purse seine vessels is not required to be listed on 
the Vessel Register under Sec.  300.22(b)(4) of this title in order to 
purse seine for tuna in the ETP during a single fishing trip per 
calendar year of 90 days or less. Payment of the vessel assessment fee 
must be consistent with the fee for active status on the Vessel Register 
under Sec.  300.22(b)(4)(ii) 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 active status on the Vessel Register under Sec.  
300.22(b)(4) of this title during the year, must pay the vessel 
assessment fee associated with active status, less the vessel assessment 
fee associated with inactive status that was already paid, before NMFS 
will request the IATTC Director change the status of the vessel from 
inactive to active. Payment of the vessel assessment fee is required 
only if the vessel is required to carry an observer.
    (E) The owner or managing owner of a purse seine vessel not listed 
on the Vessel Register at the beginning of the calendar year and who 
requests to replace a vessel removed from active status on the Vessel 
Register under Sec.  300.22(b)(4) of this title during the year, must 
pay the vessel assessment fee associated with active status only

[[Page 30]]

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 paragraph (b)(6)(iii)(A) or (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 (D) of this section, or if received under paragraph 
(b)(6)(iii)(E) of this section for vessels that were not listed as 
active on the Vessel Register in the calendar year prior to the year for 
which active status was requested. Payments will also not be subject to 
a 10 percent surcharge if received after the date specified in paragraph 
(b)(6)(iii)(B) of this section for vessels for which inactive status is 
requested, or for vessels for which active status is requested if the 
vessel was not listed as active during the year the request was made. 
Payment of all vessel assessment fees described in this section must be 
made to the IATTC.
    (7) Application approval. The Administrator, West Coast 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, West Coast Region. The observers may be placed under an 
observer program of NMFS, IATTC, or another observer program approved by 
the Administrator, West Coast 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, West Coast Region, or 
the IATTC contact designated by the Administrator, West Coast Region, at 
least 5 days in advance of the vessel's departure on a fishing trip to 
allow for observer placement on every trip. If the vessel permit holder 
would like to use an IATTC and Western and Central Pacific Fisheries 
Commission (WCPFC) cross-endorsed observer when fishing in the IATTC 
Convention Area, the notification must also include a request for the 
placement of a cross-endorsed observer pursuant to the Memorandum of 
Cooperation between the IATTC and WCPFC.
    (B) The vessel permit holder must notify the Administrator, West 
Coast Region, or the IATTC contact designated by the Administrator, West 
Coast 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, West Coast 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

[[Page 31]]

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

[[Page 32]]

    (vii) Facemask and snorkel, or viewbox. At least two facemasks and 
snorkels or viewboxes must be carried.
    (viii) Lights. The vessel must be equipped with long-range, high-
intensity floodlights with a sodium lamp of at least 1000 watts, or a 
multivapour lamp of at least 1500 watts, for use in darkness to ensure 
sufficient light to observe that procedures for dolphin release are 
carried out and to monitor incidental dolphin mortality.
    (4) Vessel inspection--(i) Twice per year. At least twice during 
each calendar year, purse seine nets and other gear and equipment 
required under Sec.  216.24(c)(3) must be made available for inspection 
and for a trial set/net alignment by an authorized NMFS inspector or 
IATTC staff as specified by the Administrator, West Coast Region, in 
order to obtain a vessel permit. The first such inspection shall be 
carried out before the vessel's request for a DML is submitted to the 
IATTC. The second such inspection shall be carried out before 
notification of any reallocation of DMLs for vessels with full-year DMLs 
or during the last quarter of the year for vessels with second-semester 
DMLs.
    (ii) Reinspection. Purse seine nets and other gear and equipment 
required by these regulations must be made available for reinspection by 
an authorized NMFS inspector or IATTC staff as specified by the 
Administrator, West Coast Region. The vessel permit holder must notify 
the Administrator, West Coast 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, West Coast 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, West Coast 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

[[Page 33]]

local time of sunset calculated from tables developed by the U.S. Naval 
Observatory or other authoritative source approved by the Administrator, 
West Coast Region. A sundown set is a set in which the backdown 
procedure has not been completed and rolling the net to sack-up has not 
begun within one-half hour after sundown. Should a set extend beyond 
one-half hour after sundown, the operator must use the required marine 
mammal release procedures including the use of the high intensity 
lighting system. In the event a sundown set occurs where the seine skiff 
was let go 90 or more minutes before sundown, and an earnest effort to 
rescue dolphins is made, the International Review Panel of the IDCP may 
recommend to the United States that in the view of the International 
Review Panel, prosecution by the United States is not recommended. Any 
such recommendation will be considered by the United States in 
evaluating the appropriateness of prosecution in a particular 
circumstance.
    (iv) Dolphin safety panel. During backdown, the dolphin safety panel 
must be positioned so that it protects the perimeter of the backdown 
area. The perimeter of the backdown area is the length of corkline that 
begins at the outboard end of the last bow bunch pulled and continues to 
at least two-thirds the distance from the backdown channel apex to the 
stern tiedown point.
    (7) Experimental fishing operations. The Administrator, West Coast 
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, West Coast 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, West Coast 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, West Coast 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, West Coast 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, West Coast Region, and when all the terms and 
conditions of the permit are met.

[[Page 34]]

    (v) The Administrator, West Coast 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, West Coast 
Region, the name of the U.S. purse seine fishing vessel(s) of carrying 
capacity greater than 400 st (362.8 mt) that the owner intends to use to 
intentionally deploy purse seine fishing nets in the ETP to encircle 
dolphins in an effort to capture tuna during the following year. NMFS 
will forward the list of purse seine vessels to the Director of the 
IATTC on or before October 1, or as otherwise required by the IDCP, for 
assignment of a DML for the following year under the provisions of Annex 
IV of the Agreement on the IDCP.
    (ii) Each vessel permit holder that desires a DML only for the 
period between July 1 to December 31 must provide the Administrator, 
West Coast 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, West Coast 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, West Coast 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, 
West Coast 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, West Coast 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.

[[Page 35]]

    (D) NMFS will determine, based on available information, whether a 
vessel has left the fishery.
    (1) A vessel lost at sea, undergoing extensive repairs, operating in 
an ocean area other than the ETP, or for which other information 
indicates that vessel will no longer be conducting purse seine 
operations in the ETP for the remainder of the period covered by the DML 
will be determined to have left the fishery.
    (2) NMFS will make all reasonable efforts to determine the 
intentions of the vessel owner. The owner of any vessel that has been 
preliminarily determined to have left the fishery will be provided 
notice of such preliminary determination and given the opportunity to 
provide information on whether the vessel has left the fishery prior to 
NMFS making a final determination under 15 CFR part 904 and notifying 
the IATTC.
    (v) Any vessel that exceeds its assigned DML after any applicable 
adjustment under paragraph (c)(9)(iii) of this section will have its DML 
for the subsequent year reduced by 150 percent of the overage, unless 
another adjustment is determined by the International Review Panel, as 
mandated by the Agreement on the IDCP.
    (vi) A vessel that is covered by a valid vessel permit and that does 
not normally fish for tuna in the ETP but desires to participate in the 
fishery on a limited basis may apply for a per-trip DML from the 
Administrator, West Coast 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, West Coast 
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, West Coast 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.

[[Page 36]]

    (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, West Coast Region, to 
accompany the vessel on all fishing trips in the ETP for the purpose of 
conducting research and observing operations, including collecting 
information that may be used in civil or criminal penalty proceedings, 
forfeiture actions, or permit sanctions. A vessel that fails to carry an 
observer in accordance with these requirements may not engage in fishing 
operations.
    (i) Exemption from observer requirement. The Administrator, West 
Coast Region (or designee), may issue a temporary written exemption from 
the observer requirement in this paragraph (e)(1) if the Parties to the 
AIDCP and/or Members of the IATTC have adopted emergency observer 
exemption procedures to address relevant global or regional health, 
safety, and security concerns, as well as other international 
emergencies and crises. Such exemptions will be issued on a case-by-case 
basis for a single fishing trip, in accordance with the AIDCP/IATTC 
exemption procedures in effect at the time of the request. Exemptions 
from the requirement in this paragraph (e)(1) will only be issued when 
AIDCP/IATTC exemption procedures are in effect and are only valid for as 
long as the AIDCP/IATTC exemption procedures remain in effect. NMFS will 
notify the affected fleet via email when existing AIDCP/IATTC exemption 
procedures expire. NMFS will also notify the affected fleet via email 
and the public by publication of a document in the Federal Register if 
new exemption procedures are adopted by the Parties to the AIDCP and/or 
the Members of the IATTC. Requests for exemption must be made to the 
Administrator, West Coast Region, via email at [email protected], or in a 
manner acceptable to the Administrator, West Coast Region.
    (ii) [Reserved]
    (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

[[Page 37]]

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.
    (i) Requirements for owners and operators of U.S. purse seine 
vessels for reporting and actions in response to observer safety are at 
Sec.  300.29 of this title.
    (ii) [Reserved]
    (5)(i) All observers must be provided sleeping, toilet and eating 
accommodations at least equal to that provided to a full crew member. A 
mattress or futon on the floor or a cot is not acceptable in place of a 
regular bunk. Meal and other galley privileges must be the same for the 
observer as for other crew members.
    (ii) Female observers on a vessel with an all-male crew must be 
accommodated either in a single-person cabin or, if reasonable privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person cabin shared with a licensed officer of the vessel. If the 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, then a schedule for time-sharing common facilities must be 
established before the placement meeting and approved by NMFS or other 
approved observer program and must be followed during the entire trip.
    (iii) In the event there are one or more female crew members, the 
female observer must be provided a bunk in a cabin shared solely with 
female crew members, and provided toilet and shower facilities shared 
solely with these female crew members.
    (f) Importation, purchase, shipment, sale and transport. (1)(i) It 
is illegal to import into the United States any fish, whether fresh, 
frozen, or otherwise prepared, if the fish have been caught with 
commercial fishing technology that results in the incidental kill or 
incidental serious injury of marine mammals in excess of that allowed 
under this part for U.S. fishermen, or as specified at paragraph (f)(6) 
of this section.
    (ii) For purposes of this paragraph (f), and in applying the 
definition of an ``intermediary nation,'' an import occurs when the fish 
or fish product is released from a nation's Customs' custody and enters 
into the commerce of the nation. For other purposes, ``import'' is 
defined in Sec.  216.3.
    (2) Imports requiring a Fisheries Certificate of Origin and an 
International Fisheries Trade Permit. Shipments of tuna, tuna products, 
and certain other fish products identified in paragraphs (f)(2)(i) 
through (iii) of this section may not be imported into the United States 
unless: a scanned copy of a properly completed Fisheries Certificate of 
Origin (FCO), NOAA Form 370, associated certifications and statements 
described in Sec.  216.91(a), and required data set are filed 
electronically with U.S. Customs and Border Protection (CBP) at the time 
of, or in advance of, importation as required under Sec.  300.323; and 
the importer of record designated on the entry summary (Customs Form 
7501) holds a valid International Fisheries Trade Permit as specified at 
Sec.  300.322 of this title. ``Required data set'' has the same meaning 
as Sec.  300.321 of this title (see definition of ``Documentation and 
data sets required'').
    (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

[[Page 38]]

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, other, frozen, except whole, head-on, 
          fillets, livers and roes
0304.87.0000 Tuna fish fillets, frozen, not elsewhere specified or 
          indicated (NESOI)
0304.99.1190 Tuna, frozen, in bulk or in immediate containers weighing 
          with their contents over 6.8 kg each

  (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).

0511.91.0090 Fish, shellfish products unfit for human consumption
1604.20.1000 Fish pastes
1604.20.1500 Fish balls, cakes and puddings, in oil
1604.20.2000 Fish balls, cakes and puddings, not in oil, less than 6.8 
          kg, in airtight containers
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
1604.20.4000 Fish sticks, not cooked, nor in oil
1604.20.5010 Fish sticks, cooked and frozen
1604.20.5090 Fish sticks, NESOI
2309.10.0010 Dog or cat food, in airtight containers

    (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
0303.45.0110 Atlantic Bluefin, frozen, except fillets, livers and roes
0303.45.0150 Pacific Bluefin, frozen, except fillets, livers and roes
0303.46.0000 Southern bluefin tunas, frozen, except fillets, livers and 
          roes
0303.49.0200 Tunas, frozen, except fillets, livers and roes, NESOI
0304.87.0000 Tuna fish fillets, frozen, NESOI
0304.99.1190 Tuna, frozen, in bulk or in immediate containers weighing 
          with their contents over 6.8 kg each, NESOI

  (B) Airtight Containers: (other than Yellowfin).......................
  1604.14.1010............................  Tunas and skipjack, in oil,
                                             in airtight containers, in
                                             foil or other flexible
                                             containers weighing with
                                             their contents not more
                                             than 6.8 kg each
  1604.14.1091............................  Tunas, albacore, in oil, in
                                             airtight containers, NESOI
  1604.14.1099............................  Tunas and skipjack, in oil,
                                             in airtight containers,
                                             NESOI
  1604.14.2251............................  Albacore tuna, not in oil,
                                             in foil/flexible airtight
                                             containers, weighing not
                                             over 6.8 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.2259............................  Albacore tuna, not in oil,
                                             in airtight containers
                                             weighing not over 7 kg,
                                             NESOI, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.2291............................  Other tunas and skipjack, no
                                             oil, in foil/flexible
                                             airtight containers, not
                                             over 6.8 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year

[[Page 39]]

 
  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).

0511.91.0090 Fish, shellfish products unfit for human consumption
1604.20.1000 Fish pastes
1604.20.1500 Fish balls, cakes and puddings, in oil
1604.20.2000 Fish balls, cakes and puddings, not in oil, less than 6.8 
          kg, in airtight containers
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
1604.20.4000 Fish sticks, not cooked, nor in oil
1604.20.5010 Fish sticks, cooked and frozen
1604.20.5090 Fish sticks, NESOI
2309.10.0010 Dog or cat food, in airtight containers

    (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:

0303.11.0000 Sockeye (red) salmon (Oncorhynchus nerka), frozen, except 
          fillets, livers and roes
0303.12.0012 Chinook (King) salmon (Oncorhynchus tschawytscha), frozen, 
          except fillets, livers and roes
0303.12.0022 Chum (dog) salmon (Oncorhynchus keta), frozen, except 
          fillets, livers and roes
0303.12.0032 Pink (humpie) salmon (Oncorhynchus gorbuscha), frozen, 
          except fillets, livers and roes
0303.12.0052 Coho (silver) salmon (Oncorhynchus kisutch), frozen, except 
          fillets, livers and roes
0303.12.0062 Pacific salmon (Oncorhynchus masou, Oncorhynchus rhodurus), 
          frozen, except fillets, livers and roes, NESOI
0303.13.0000 Atlantic salmon (Salmo salar) and Danube salmon (Hucho 
          hucho), frozen, except fillets, livers and roes
0303.14.0000 Trout (Salmo trutta; Oncorhynchus mykiss, clarki, 
          aguabonita, gilae, apache, and chrysogaster), frozen, except 
          fillets, livers and roes
0303.19.0100 Salmonidae, frozen, except fillets, livers and roes, NESOI
0303.57.0010 Swordfish steaks, frozen, except fillets
0303.57.0090 Swordfish, frozen, except steaks, fillets, livers and roes
0303.81.0010 Dogfish (Squalus spp.), frozen, except fillets, livers and 
          roes
0303.81.0090 Sharks, frozen, except dogfish, fillets, livers and roes
0303.89.0079 Fish, other, frozen, except fillets, livers and roes, NESOI
0304.81.5010 Atlantic Salmonidae (Salmo salar) fillets, frozen, NESOI
0304.81.5090 Salmonidae fillets, frozen, except Atlantic salmon, NESOI
0304.89.1090 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
0304.91.1000 Swordfish, frozen, in bulk or in immediate containers 
          weighing over 6.8 kg each
0304.91.9000 Swordfish, frozen, NESOI
0304.99.9191 Fish fillets, ocean, frozen, NESOI
0307.49.0010 Squid fillets, frozen
0307.49.0022 Squid, Loligo opalescens, NESOI
0307.49.0024 Squid, Loligo pealei, NESOI
0307.49.0029 Squid, Loligo, other, NESOI
0307.49.0050 Squid, other, NESOI

    (B) Canned:

1604.11.2020 Pink (humpie) salmon, whole or in pieces, but not minced, 
          in oil, in airtight containers

[[Page 40]]

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
1604.19.2100 Fish, NESOI, not in oil, in airtight containers
1604.19.3100 Fish, NESOI, in oil, in airtight containers
1605.54.6020 Squid, Loligo, prepared or preserved
1605.54.6030 Squid, except Loligo, prepared or preserved

    (C) Other:

0305.39.6080 Fish fillets, dried, salted or in brine, but not smoked, 
          NESOI
0305.41.0000 Pacific salmon (Oncorhynchus spp.), Atlantic salmon (Salmo 
          salar), and Danube salmon (Hucho hucho), including fillets, 
          smoked
0305.49.4041 Fish including fillets, smoked, NESOI
0305.59.0000 Fish, dried, whether or not salted but not smoked, NESOI
0305.69.4000 Salmon, salted but not dried or smoked; in brine
0305.69.5001 Fish in immediate containers weighing with their contents 
          6.8 kg or less each, salted but not dried or smoked; in brine, 
          NESOI
0305.69.6001 Fish, salted but not dried or smoked; in brine, NESOI
0305.71.0000 Shark fins, dried, whether or not salted but not smoked
0305.49.0010 Squid, frozen, fillets
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 Squid, Loligo, frozen (except fillets), dried, salted or in 
          brine, NESOI
0307.49.0050 Squid, other, 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, West Coast Region, or downloaded from the internet at 
https://www.fisheries .noaa.gov/ national/marine-mammal-protection/ 
noaa-form-370-fisheries -certificate-origin.
    (i) A properly completed FCO, and its attached certifications and 
statements as described in Sec.  216.91(a), must accompany the required 
CBP entry documents that are filed at the time of, or in advance of, 
importation.
    (ii) FCOs and associated certifications and statements as described 
in Sec.  216.91(a) must be provided electronically to CBP as indicated 
in paragraph (f)(2) of this section.
    (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, West Coast Region, by 
the last endorser when all required endorsements are completed. Such 
FCOs must be submitted as specified in Sec.  216.93(d)(2).
    (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, West Coast 
Region.
    (4) Contents of Fisheries Certificate of Origin. An FCO, certified 
to be accurate by the exporter(s) of the accompanying shipment, must 
include the following information:
    (i) CBP entry identification;
    (ii) Date of entry;
    (iii) Exporter's full name and complete address;
    (iv) Importer's or consignee's full name and complete address;
    (v) Species description, product form, and HTS number;
    (vi) Total net weight of the shipment in kilograms;
    (vii) Ocean area where the fish were harvested (ETP, western Pacific 
Ocean, south Pacific Ocean, north Pacific Ocean, eastern Atlantic Ocean, 
western Atlantic Ocean, Caribbean Sea, Indian Ocean, or other);
    (viii) Type of fishing gear used to harvest the fish (purse seine, 
longline, baitboat, large-scale driftnet, gillnet, pole and line/hook 
and line, or other);
    (ix) Country under whose laws the harvesting vessel operated based 
upon

[[Page 41]]

the flag of the vessel or, if a certified charter vessel, the country 
that accepted responsibility for the vessel's fishing operations;
    (x) Dates on which the fishing trip began and ended;
    (xi) The name of the harvesting vessel;
    (xii) Dolphin-safe condition of the shipment, described by checking 
the appropriate statement on the form and attaching additional 
certifications as described in Sec.  216.91(a) if required;
    (xiii) For shipments containing fish or fish products exported from, 
or harvested on the high seas by vessels of a nation known to use large-
scale driftnets, as determined by the Secretary pursuant to paragraph 
(f)(7) of this section, the High Seas Driftnet Certification contained 
on the FCO must be dated and signed by a responsible government official 
of the large-scale driftnet nation, certifying that the fish or fish 
products were harvested by a method other than large-scale driftnet; and
    (xiv) Each importer, exporter, or processor who takes custody of the 
shipment must sign and date the form to certify that the form and 
attached documentation accurately describes the shipment of fish that 
they accompany.
    (5) Dolphin-safe label. Tuna or tuna products sold in or exported 
from the United States that include on the label the term ``dolphin-
safe'' or any other term or symbol that claims or suggests the tuna were 
harvested in a manner not injurious to dolphins are subject to the 
requirements of subpart H of this part (Sec.  216.90 et seq.).
    (6) Scope of embargoes--(i) ETP yellowfin tuna embargo. Yellowfin 
tuna or products of yellowfin tuna harvested using a purse seine in the 
ETP identified by an HTS number listed in paragraph (f)(2)(i) of this 
section may not be imported into the United States if such tuna or tuna 
products were:
    (A) Harvested on or after March 3, 1999, the effective date of 
section 4 of the IDCPA, and harvested by, or exported from, a nation 
that the Assistant Administrator has determined has jurisdiction over 
purse seine vessels of greater than 400 st (362.8 mt) carrying capacity 
harvesting tuna in the ETP, unless the Assistant Administrator has made 
an affirmative finding required for importation for that nation under 
paragraph (f)(8) of this section;
    (B) Exported from an intermediary nation, as defined in Section 3 of 
the MMPA, and a ban is currently in force prohibiting the importation 
from that nation under paragraph (f)(9) of this section; or
    (C) Harvested before March 3, 1999, the effective date of Section 4 
of the IDCPA, and would have been banned from importation under Section 
101(a)(2) of the MMPA at the time of harvest.
    (ii) Driftnet embargo. A shipment containing fish or fish products 
identified by an HTS number listed in paragraph (f)(2) of this section 
may not be imported into the United States if it is harvested by a 
large-scale driftnet, or if it is exported from or harvested on the high 
seas by any nation determined by the Assistant Administrator to be 
engaged in large-scale driftnet fishing, unless a government official of 
the large-scale driftnet nation completes, signs and dates the High Seas 
Driftnet section of the FCO certifying that the fish or fish products 
were harvested by a method other than large-scale driftnet.
    (iii) Pelly certification. After 6 months of an embargo being in 
place against a nation under this section, the Secretary will certify 
that nation under section 8(a) of the Fishermen's Protective Act (22 
U.S.C. 1978(a)). When such an embargo is lifted, the Secretary will 
terminate the certification under Section 8(d) of that Act (22 U.S.C. 
1978(d)).
    (iv) Coordination. The Assistant Administrator will promptly advise 
the Department of State and the Department of Homeland Security of 
embargo decisions, actions, and finding determinations.
    (7) Large-scale driftnet nation: determination. Based upon the best 
information available, the Assistant Administrator will determine which 
nations have registered vessels that engage in fishing using large-scale 
driftnets. Such determinations will be published in the Federal 
Register. A responsible government official of any such nation may 
certify to the Assistant

[[Page 42]]

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
    (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

[[Page 43]]

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 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

[[Page 44]]

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.
    (h) Taking and related acts of marine mammals in foreign commercial 
fishing operations not governed by the provisions related to tuna purse 
seine vessels in the eastern tropical Pacific Ocean--(1) Prohibitions. 
(i) As provided in section 101(a)(2) and 102(c)(3)of the MMPA, the 
importation of commercial fish or fish products which have been caught 
with commercial fishing technology which results in the incidental kill 
or incidental serious injury of ocean mammals in excess of U.S. 
standards or caught in a manner which the Secretary has proscribed for 
persons subject to the jurisdiction of the United States are prohibited. 
For purposes of paragraph (h) of this section, a fish or fish product 
caught with commercial fishing technology which results in the 
incidental mortality or incidental serious injury of marine mammals in 
excess of U.S. standards is any fish or fish product harvested in an 
exempt or export fishery for which a valid comparability finding is not 
in effect.
    (ii) Accordingly, it is unlawful for any person to import, or 
attempt to import, into the United States for commercial purposes any 
fish or fish product if such fish or fish product:
    (A) Was caught or harvested in a fishery that does not have a valid 
comparability finding in effect at the time of import; or
    (B) Is not accompanied by a Certification of Admissibility where 
such Certification is required pursuant to paragraph (h)(9)(iv) of this 
section or by such other documentation as the Assistant Administrator 
may identify

[[Page 45]]

and announce in the Federal Register that indicates the fish or fish 
product was not caught or harvested in a fishery subject to an import 
prohibition under paragraphs (h)(1) and (h)(9)(i) of this section.
    (iii) It is unlawful for any person, including exporters, 
transshippers, importers, processors, or wholesalers/distributors to 
possess, sell, purchase, offer for sale, re-export, transport, or ship 
in interstate or foreign commerce in the United States, any fish or fish 
product imported in violation of paragraph (h) of this section.
    (2) Exemptions. (i) Exempt fisheries are exempt from requirements of 
paragraphs (h)(6)(iii)(B) through (E) of this section.
    (A) For the purposes of paragraph (h) of this section, harvesting 
nation means the country under whose flag or jurisdiction one or more 
fishing vessels or other entity engaged in commercial fishing operations 
are documented, or which has by formal declaration or agreement asserted 
jurisdiction over one or more authorized or certified charter vessels, 
and from such vessel(s) or entity(ies) fish are caught or harvested that 
are a part of any cargo or shipment of fish or fish products to be 
imported into the United States, regardless of any intervening 
transshipments, exports or re-exports.
    (B) [Reserved]
    (ii) The prohibitions of paragraph (h)(1) of this section shall not 
apply during the exemption period.
    (iii) Paragraph (h) of this section shall not apply to a commercial 
fishing operation subject to section 101(a)(2)(B) of the MMPA and its 
implementing regulations set out in the relevant provisions of paragraph 
(f) of this section which govern the incidental take of delphinids in 
course of commercial purse seine fishing operations for yellowfin tuna 
in the eastern tropical Pacific Ocean and restrictions on importation 
and sale of fish and fish products caught or harvested in that 
commercial fishing operation. Paragraph (h) of this section shall not 
apply with respect to large-scale driftnet fishing, which is governed by 
paragraph (f)(7) of this section and the restrictions it sets out on 
importation and sale of fish and fish products harvested by using a 
large-scale driftnet.
    (3) Procedures to identify foreign commercial fishing operations 
with incidental mortality and serious injury of marine mammals as exempt 
or export fisheries. In developing the List of Foreign Fisheries in 
paragraph (h)(4) of this section, the Assistant Administrator:
    (i) Shall periodically analyze imports of fish and fish products and 
identify commercial fishing operations that are the source of exports of 
such fish and fish products to the United States that have or may have 
incidental mortality or serious injury of marine mammals in the course 
of their commercial fishing operations.
    (A) For the purposes of paragraph (h) of this section, a commercial 
fishing operation means vessels or entities that catch, take, or harvest 
fish (as defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) from the marine 
environment (or other areas where marine mammals occur) that results in 
the sale or barter of all or part of the fish caught, taken or 
harvested. The term includes aquaculture activities that interact with 
or occur in marine mammal habitat.
    (B) [Reserved]
    (ii) Shall notify, in consultation with the Secretary of State, each 
harvesting nation that has commercial fishing operations identified 
pursuant to paragraph (h)(3)(i) of this section and request that within 
90 days of notification the harvesting nation submit reliable 
information about the commercial fishing operations identified, 
including as relevant the number of participants, number of vessels, 
gear type, target species, area of operation, fishing season, any 
information regarding the frequency of marine mammal incidental 
mortality and serious injury and any programs (including any relevant 
laws, decrees, regulations or measures) to assess marine mammal 
populations and to reduce incidental mortality and serious injury of 
marine mammals in those fisheries or prohibit the intentional killing or 
injury of marine mammals.

[[Page 46]]

    (iii) Shall review each harvesting nation's submission, evaluate any 
information it contains (including descriptions of its regulatory 
programs) and, if necessary, request additional information.
    (iv) May consider other readily available and relevant information 
about such commercial fishing operations and the frequency of incidental 
mortality and serious injury of marine mammals, including: fishing 
vessel records; reports of on-board fishery observers; information from 
off-loading facilities, port-side officials, enforcement agents and 
officers, transshipment vessel workers and fish importers; government 
vessel registries; regional fisheries management organizations documents 
and statistical document programs; and appropriate certification 
programs. Other sources may include published literature and reports on 
fishing vessels with incidental mortality and serious injury of marine 
mammals from government agencies; foreign, state, and local governments; 
regional fishery management organizations; nongovernmental 
organizations; industry organizations; academic institutions; and 
citizens and citizen groups.
    (4) List of Foreign Fisheries. (i) Within one year of January 1, 
2017, and the year prior to the expiration of the exemption period and 
every four years thereafter, the Assistant Administrator, based on the 
information obtained in paragraph (h)(3) of this section, will publish 
in the Federal Register:
    (A) A proposed List of Foreign Fisheries by harvesting nation for 
notice and comment; and
    (B) A final List of Foreign Fisheries, effective upon publication in 
the Federal Register.
    (ii) To the extent that information is available, the List of 
Foreign Fisheries shall:
    (A) Classify each commercial fishing operation that is the source of 
exports of fish and fish products to the United States based on the 
definitions for export fishery and exempt fishery set forth in Sec.  
216.3 and identified in the List of Foreign Fisheries by harvesting 
nation and other defining factors including geographic location of 
harvest, gear-type, target species or a combination thereof;
    (B) Include fishing gear type, target species, and number of vessels 
or other entities engaged in each commercial fishing operation;
    (C) List the marine mammals that interact with each commercial 
fishing operation and indicate the level of incidental mortality and 
serious injury of marine mammals in each commercial fishing operation;
    (D) Provide a description of the harvesting nation's programs to 
assess marine mammal stocks and estimate and reduce marine mammal 
incidental mortality and serious injury in its export fisheries; and
    (E) List the harvesting nations that prohibit, in the course of 
commercial fishing operations that are the source of exports to the 
United States, the intentional mortality or serious injury of marine 
mammals unless the intentional mortality or serious injury of a marine 
mammal is imminently necessary in self-defense or to save the life of a 
person in immediate danger.
    (5) Consultations with Harvesting Nations with Commercial Fishing 
Operations on the List of Foreign Fisheries. (i) Within 90 days of 
publication of the final List of Foreign Fisheries in the Federal 
Register, the Assistant Administrator, in consultation with the 
Secretary of State, shall consult with harvesting nations with 
commercial fishing operations identified as export or exempt fisheries 
as defined in Sec.  216.3 for purposes of notifying the harvesting 
nation of the requirements of the Marine Mammal Protection Act and this 
subpart.
    (ii) The Assistant Administrator, in consultation with the Secretary 
of State, may consult with harvesting nations for the purposes of 
providing notifications of deadlines under this section, ascertaining or 
reviewing the progress of the harvesting nation's development, adoption, 
implementation, or enforcement of its regulatory program governing the 
incidental mortality and serious injury of marine mammals in the course 
of commercial fishing operations for an export fishery, supplementing or 
clarifying information needed in conjunction with the List of Foreign 
Fisheries in paragraphs

[[Page 47]]

(h)(3) and (4) of this section, the progress report in paragraph (h)(10) 
of this section or an application for or reconsideration of a 
comparability finding in paragraphs (h)(6) and (8) of this section.
    (iii) The Assistant Administrator shall, in consultation with the 
Secretary of State and the United States Trade Representative, consult 
with any harvesting nations that failed to receive a comparability 
finding for one or more of commercial fishing operations or for which a 
comparability finding is terminated and encourage the harvesting nation 
to take corrective action and reapply for a comparability finding in 
accordance with paragraph (h)(9)(iii) of this section.
    (6) Procedure and conditions for a comparability finding--(i) 
Procedures to apply for a comparability finding. On November 30 of the 
year prior to when the exemption period or comparability finding is to 
expire, a harvesting nation, shall submit to the Assistant Administrator 
an application for each of its export and exempt fisheries, along with 
documentary evidence demonstrating that the harvesting nation has met 
the conditions specified in paragraph (h)(6)(iii) of this section for 
each of such fisheries, including reasonable proof as to the effects on 
marine mammals of the commercial fishing technology in use in the 
fishery for fish or fish products exported from such nation to the 
United States. The Assistant Administrator may require the submission of 
additional supporting documentation or other verification of statements 
made in an application for a comparability finding.
    (ii) Procedures to issue a comparability finding. No later than 
November 30th of the year when the exemption period or comparability 
finding is to expire, the Assistant Administrator, in response to an 
application from a harvesting nation for an export or exempt fishery, 
shall determine whether to issue to the harvesting nation, in accordance 
with the procedures set forth in paragraph (h)(8) of this section, a 
comparability finding for the fishery. In making this determination, the 
Assistant Administrator shall consider documentary evidence provided by 
the harvesting nation and relevant information readily available from 
other sources. If a harvesting nation provides insufficient documentary 
evidence in support of its application, the Assistant Administrator 
shall draw reasonable conclusions regarding the fishery based on readily 
available and relevant information from other sources, including where 
appropriate information concerning analogous fisheries that use the same 
or similar gear-type under similar conditions as the fishery, in 
determining whether to issue the harvesting nation a comparability 
finding for the fishery.
    (iii) Conditions for a comparability finding. The following are 
conditions for the Assistant Administrator to issue a comparability 
finding for the fishery, subject to the additional considerations set 
out in paragraph (h)(7) of this section:
    (A) For an exempt or export fishery, the harvesting nation:
    (1) Prohibits the intentional mortality or serious injury of marine 
mammals in the course of commercial fishing operations in the fishery 
unless the intentional mortality or serious injury of a marine mammal is 
imminently necessary in self-defense or to save the life of a person in 
immediate danger; or
    (2) Demonstrates that it has procedures to reliably certify that 
exports of fish and fish products to the United States are not the 
product of an intentional killing or serious injury of a marine mammal 
unless the intentional mortality or serious injury of a marine mammal is 
imminently necessary in self-defense or to save the life of a person in 
immediate danger; and
    (B) For an export fishery, the harvesting nation maintains a 
regulatory program with respect to the fishery that is comparable in 
effectiveness to the U.S. regulatory program with respect to incidental 
mortality and serious injury of marine mammals in the course of 
commercial fishing operations, in particular by maintaining a regulatory 
program that includes, or effectively achieves comparable results as, 
the conditions in paragraph (h)(6)(iii)(C), (D), or (E) of this section 
as applicable (including for transboundary stocks).

[[Page 48]]

    (C) Conditions for an export fishery operating under the 
jurisdiction of a harvesting nation within its EEZ (or the equivalent) 
or territorial sea. In making the finding in paragraph (h)(6)(ii) of 
this section, with respect to an export fishery operating under the 
jurisdiction of a harvesting nation within its EEZ (or the equivalent) 
or territorial sea, the Assistant Administrator shall determine whether 
the harvesting nation maintains a regulatory program that provides for, 
or effectively achieves comparable results as, the following:
    (1) Marine mammal assessments that estimate population abundance for 
marine mammal stocks in waters under the harvesting nation's 
jurisdiction that are incidentally killed or seriously injured in the 
export fishery.
    (2) An export fishery register containing a list of all fishing 
vessels participating in the export fishery, including information on 
the number of vessels participating, the time or season and area of 
operation, gear type and target species.
    (3) Regulatory requirements that include:
    (i) A requirement for the owner or operator of a vessel 
participating in the export fishery to report all intentional and 
incidental mortality and injury of marine mammals in the course of 
commercial fishing operations; and
    (ii) A requirement to implement measures in the export fishery 
designed to reduce the total incidental mortality and serious injury of 
a marine mammal stock below the bycatch limit; and
    (iii) with respect to any transboundary stock or any other marine 
mammal stocks interacting with the export fishery, measures to reduce 
the incidental mortality and serious injury of that stock that the 
United States requires its domestic fisheries to take with respect to 
that transboundary stock or marine mammal stock.
    (4) Implementation of monitoring procedures in the export fishery 
designed to estimate incidental mortality or serious injury in the 
export fishery, and to estimate the cumulative incidental mortality and 
serious injury of marine mammal stocks in waters under its jurisdiction 
resulting from the export fishery and other export fisheries interacting 
with the same marine mammal stocks, including an indication of the 
statistical reliability of those estimates.
    (5) Calculation of bycatch limits for marine mammal stocks in waters 
under its jurisdiction that are incidentally killed or seriously injured 
in the export fishery.
    (6) Comparison of the incidental mortality and serious injury of 
each marine mammal stock or stocks that interact with the export fishery 
in relation to the bycatch limit for each stock; and comparison of the 
cumulative incidental mortality and serious injury of each marine mammal 
stock or stocks that interact with the export fishery and any other 
export fisheries of the harvesting nation showing that these export 
fisheries:
    (i) Do not exceed the bycatch limit for that stock or stocks; or
    (ii) Exceed the bycatch limit for that stock or stocks, but the 
portion of incidental marine mammal mortality or serious injury for 
which the export fishery is responsible is at a level that, if the other 
export fisheries interacting with the same marine mammal stock or stocks 
were at the same level, would not result in cumulative incidental 
mortality and serious injury in excess of the bycatch limit for that 
stock or stocks.
    (D) Conditions for a harvesting nation's export fishery operating 
within the jurisdiction of another state. In making the finding in 
paragraph (h)(6)(ii) of this section, with respect to a harvesting 
nation's export fishery operating within the jurisdiction of another 
state, the Assistant Administrator shall determine whether the 
harvesting nation maintains a regulatory program that provides for, or 
effectively achieves comparable results as, the following:
    (1) Implementation in the export fishery of:
    (i) With respect to any transboundary stock interacting with the 
export fishery, any measures to reduce the incidental mortality and 
serious injury of that stock that the United States requires its 
domestic fisheries to take with respect that transboundary stock; and

[[Page 49]]

    (ii) With respect to any other marine mammal stocks interacting with 
the export fishery while operating within the jurisdiction of the state, 
any measures to reduce incidental mortality and serious injury that the 
United States requires its domestic fisheries to take with respect to 
that marine mammal stock; and
    (2) For an export fishery not subject to management by a regional 
fishery management organization:
    (i) An assessment of marine mammal abundance of stocks interacting 
with the export fishery, the calculation of a bycatch limit for each 
such stock, an estimation of incidental mortality and serious injury for 
each stock and reduction in or maintenance of the incidental mortality 
and serious injury of each stock below the bycatch limit. This data 
included in the application may be provided by the state or another 
source; and
    (ii) Comparison of the incidental mortality and serious injury of 
each marine mammal stock or stocks that interact with the export fishery 
in relation to the bycatch limit for each stock; and comparison of the 
cumulative incidental mortality and serious injury of each marine mammal 
stock or stocks that interact with the export fishery and any other 
export fisheries of the harvesting nation showing that these export 
fisheries do not exceed the bycatch limit for that stock or stocks; or 
exceed the bycatch limit for that stock or stocks, but the portion of 
incidental marine mammal mortality or serious injury for which the 
export fishery is responsible is at a level that, if the other export 
fisheries interacting with the same marine mammal stock or stocks were 
at the same level, would not result in cumulative incidental mortality 
and serious injury in excess of the bycatch limit for that stock or 
stocks; or
    (3) For an export fishery that is subject to management by a 
regional fishery management organization, implementation of marine 
mammal data collection and conservation and management measures 
applicable to that fishery required under any applicable 
intergovernmental agreement or regional fisheries management 
organization to which the United States is a party.
    (E) Conditions for a harvesting nation's export fishery operating on 
the high seas under the jurisdiction of the harvesting nation or another 
state. In making the finding in paragraph (h)(6)(ii) of this section, 
with respect to a harvesting nation's export fishery operating on the 
high seas under the jurisdiction of the harvesting nation or another 
state, the Assistant Administrator shall determine whether the 
harvesting nation maintains a regulatory program that provides for, or 
effectively achieves comparable results as, the U.S. regulatory program 
with respect to the following:
    (1) Implementation in the fishery of marine mammal data collection 
and conservation and management measures applicable to that fishery 
required under any applicable intergovernmental agreement or regional 
fisheries management organization to which the United States is a party; 
and
    (2) Implementation in the export fishery of:
    (i) With respect to any transboundary stock interacting with the 
export fishery, any measures to reduce the incidental mortality and 
serious injury of that stock that the United States requires its 
domestic fisheries to take with respect that transboundary stock; and
    (ii) With respect to any other marine mammal stocks interacting with 
the export fishery while operating on the high seas, any measures to 
reduce incidental mortality and serious injury that the United States 
requires its domestic fisheries to take with respect to that marine 
mammal stock when they are operating on the high seas.
    (7) Additional considerations for comparability finding 
determinations. When determining whether to issue any comparability 
finding for a harvesting nation's export fishery the Assistant 
Administrator shall also consider:
    (i) U.S. implementation of its regulatory program for similar marine 
mammal stocks and similar fisheries (e.g., considering gear or target 
species), including transboundary stocks governed by regulations 
implementing a take reduction plan (Sec.  229.2 of this

[[Page 50]]

chapter), and any other relevant information received during 
consultations;
    (ii) The extent to which the harvesting nation has successfully 
implemented measures in the export fishery to reduce the incidental 
mortality and serious injury of marine mammals caused by the harvesting 
nation's export fisheries to levels below the bycatch limit;
    (iii) Whether the measures adopted by the harvesting nation for its 
export fishery have reduced or will likely reduce the cumulative 
incidental mortality and serious injury of each marine mammal stock 
below the bycatch limit, and the progress of the regulatory program 
toward achieving its objectives;
    (iv) Other relevant facts and circumstances, which may include the 
history and nature of interactions with marine mammals in this export 
fishery, whether the level of incidental mortality and serious injury 
resulting from the fishery or fisheries exceeds the bycatch limit for a 
marine mammal stock, the population size and trend of the marine mammal 
stock, and the population level impacts of the incidental mortality or 
serious injury of marine mammals in a harvesting nation's export 
fisheries and the conservation status of those marine mammal stocks 
where available;
    (v) The record of consultations under paragraph (h)(5) of this 
section with the harvesting nation, results of these consultations, and 
actions taken by the harvesting nation and under any applicable 
intergovernmental agreement or regional fishery management organization 
to reduce the incidental mortality and serious injury of marine mammals 
in its export fisheries;
    (vi) Information gathered during onsite inspection by U.S. 
government officials of a fishery's operations;
    (vii) For export fisheries operating on the high seas under an 
applicable intergovernmental agreement or regional fishery management 
organization to which the United States is a party, the harvesting 
nation's record of implementation of or compliance with measures adopted 
by that regional fishery management organization or intergovernmental 
agreement for data collection, incidental mortality and serious injury 
mitigation or the conservation and management of marine mammals; whether 
the harvesting nation is a party or cooperating non-party to such 
intergovernmental agreement or regional fishery management organization; 
the record of United States implementation of such measures; and whether 
the United States has imposed additional measures on its fleet not 
required by an intergovernmental agreement or regional fishery 
management organization; or
    (viii) For export fisheries operating on the high seas under an 
applicable intergovernmental agreement or regional fisheries management 
organization to which the United States is not a party, the harvesting 
nation's implementation of and compliance with measures, adopted by that 
regional fisheries management organization or intergovernmental 
agreement, and any additional measures implemented by the harvesting 
nation for data collection, incidental mortality and serious injury 
mitigation or the conservation and management of marine mammals and the 
extent to which such measures are comparable in effectiveness to the 
U.S. regulatory program for similar fisheries.
    (8) Comparability finding determinations--(i) Publication. No later 
than November 30th of the year when the exemption period or 
comparability finding is to expire, the Assistant Administrator shall 
publish in the Federal Register, by harvesting nation, a notice of the 
harvesting nations and fisheries for which it has issued or denied a 
comparability finding and the specific fish and fish products that as a 
result are subject to import prohibitions under paragraphs (h)(1) and 
(9) of this section.
    (ii) Notification. Prior to publication in the Federal Register, the 
Assistant Administrator, in consultation with the Secretary of State 
and, in the event of a denial of a comparability finding, with the 
Office of the U.S. Trade Representative, shall notify each harvesting 
nation in writing of the fisheries of the harvesting nation for which 
the Assistant Administrator is:
    (A) Issuing a comparability finding;
    (B) Denying a comparability finding with an explanation for the 
reasons for

[[Page 51]]

the denial of such comparability finding; and
    (C) Specify the fish and fish products that will be subject to 
import prohibitions under paragraphs (h)(1) and (9) of this section on 
account of a denial of a comparability finding and the effective date of 
such import prohibitions.
    (iii) Preliminary comparability finding consultations. (A) Prior to 
denying a comparability finding under paragraph (h)(8)(ii) of this 
section or terminating a comparability finding under paragraph 
(h)(8)(vii) of this section, the Assistant Administrator shall:
    (1) Notify the harvesting nation that it is preliminarily denying or 
terminating its comparability finding and explain the reasons for that 
preliminary denial or termination;
    (2) Provide the harvesting nation a reasonable opportunity to submit 
reliable information to refute the preliminary denial or termination of 
the comparability finding and communicate any corrective actions it is 
taking to meet the applicable conditions for a comparability finding set 
out in paragraph (h)(6)(iii) of this section subject to the additional 
considerations set out in paragraph (h)(7) of this section.
    (B) The Assistant Administrator shall take into account any 
information it receives from the harvesting nation and issue a final 
comparability finding determination, notifying the harvesting nation 
pursuant to paragraph (h)(8)(ii) of this section of its determination 
and, if a denial or termination, an explanation of the reasons for the 
denial or termination of the comparability finding.
    (C) A preliminary denial or termination of a comparability finding 
shall not result in import prohibitions pursuant to paragraphs (h)(1) 
and (9) of this section.
    (iv) Duration of a comparability finding. Unless terminated in 
accordance with paragraph (h)(8)(vii) of this section or issued for a 
specific period pursuant to a re-application under paragraph (h)(9)(iii) 
of this section, a comparability finding shall remain valid for 4 years 
from publication or for such other period as the Assistant Administrator 
may specify.
    (v) Renewal of comparability finding. To seek renewal of a 
comparability finding, every 4 years or prior to the expiration of a 
comparability finding, the harvesting nation must submit to the 
Assistant Administrator the application and the documentary evidence 
required pursuant to paragraph (h)(6)(i) of this section, including, 
where applicable, reasonable proof as to the effects on marine mammals 
of the commercial fishing technology in use in the fishery for fish or 
fish products exported to the United States, by November 30 of the year 
prior to the expiration date of its current comparability finding.
    (vi) Procedures for a comparability finding for new foreign 
commercial fishing operations wishing to export to the United States. 
(A) For foreign commercial fishing operations not on the List of Foreign 
Fisheries that are the source of new exports to the United States, the 
harvesting nation must notify the Assistant Administrator that the 
commercial fishing operation wishes to export fish and fish products to 
the United States.
    (B) Upon notification the Assistant Administrator shall issue a 
provisional comparability finding allowing such imports for a period not 
to exceed 12 months.
    (C) At least 120 days prior to the expiration of the provisional 
comparability finding the harvesting nation must submit to the Assistant 
Administrator the reliable information specified in paragraph (h)(3)(ii) 
of this section and the application and the applicable documentary 
evidence required pursuant to paragraph (h)(6)(i) of this section.
    (D) Prior to expiration of the provisional comparability finding, 
the Assistant Administrator shall review the application and information 
provided and classify the commercial fishing operation as either an 
exempt or export fishery in accordance with paragraphs (h)(3)(iii) 
through (iv) and (h)(4)(ii) of this section and determine whether to 
issue the harvesting nation a comparability finding for the fishery in 
accordance with paragraph (h)(6)(ii) through (iii) of this section.
    (E) If the harvesting nation submits the reliable information 
specified in paragraph (h)(3)(ii) of this section at least 180 days 
prior to expiration of the provisional comparability finding, the

[[Page 52]]

Assistant Administrator will review that information and classify the 
fishery as either an exempt or export fishery.
    (vii) Discretionary review of comparability findings. (A) The 
Assistant Administrator may reconsider a comparability finding that it 
has issued at any time based upon information obtained by the Assistant 
Administrator including any progress report received from a harvesting 
nation; or upon request with the submission of information from the 
harvesting nation, any nation, regional fishery management 
organizations, nongovernmental organizations, industry organizations, 
academic institutions, citizens or citizen groups that the harvesting 
nation's exempt or export fishery no longer meets the applicable 
conditions in paragraph (h)(6)(iii) of this section. Upon receiving a 
request, the Assistant Administrator has the discretion to determine 
whether to proceed with a review or reconsideration.
    (B) After such review or reconsideration and consultation with the 
harvesting nation, the Assistant Administrator shall, if the Assistant 
Administrator determines that the basis for the comparability finding no 
longer applies, terminate a comparability finding.
    (C) The Assistant Administrator shall notify in writing the 
harvesting nation and publish in the Federal Register a notice of the 
termination and the specific fish and fish products that as a result are 
subject to import prohibitions under paragraphs (h)(1) and (9) of this 
section.
    (9) Imposition of import prohibitions. (i) With respect to a 
harvesting nation for which the Assistant Administrator has denied or 
terminated a comparability finding for a fishery, the Assistant 
Administrator, in cooperation with the Secretaries of the Treasury and 
Homeland Security, shall identify and prohibit the importation of fish 
and fish products into the United States from the harvesting nation 
caught or harvested in that fishery. Any such import prohibition shall 
become effective 30 days after the of publication of the Federal 
Register notice referenced in paragraph (h)(8)(i) of this section and 
shall only apply to fish and fish products caught or harvested in that 
fishery.
    (ii) Duration of import restrictions and removal of import 
restrictions. (A) Any import prohibition imposed pursuant to paragraphs 
(h)(1) and (9) of this section with respect to a fishery shall remain in 
effect until the Assistant Administrator issues a comparability finding 
for the fishery.
    (B) A harvesting nation with an export fishery with a comparability 
finding that expired, was denied or terminated may re-apply for a 
comparability finding at any time by submitting an application to the 
Assistant Administrator, along with documentary evidence demonstrating 
that the harvesting nation has met the conditions specified in paragraph 
(h)(6)(iii) of this section, including, as applicable, reasonable proof 
as to the effects on marine mammals of the commercial fishing technology 
in use in the fishery for the fish or fish products exported from such 
nation to the United States.
    (C) The Assistant Administrator shall make a determination whether 
to issue the harvesting nation that has re-applied for a comparability 
finding for the fishery within 90 days from the submission of complete 
information to the Assistant Administrator. The Assistant Administrator 
shall issue a comparability finding for the fishery for a specified 
period where the Assistant Administrator finds that the harvesting 
nation meets the applicable conditions in paragraph (h)(6)(iii) of this 
section, subject to the additional consideration for a comparability 
finding in paragraph (h)(7) of this section.
    (D) Upon issuance of a comparability finding to the harvesting 
nation with respect to the fishery and notification in writing to the 
harvesting nation, the Assistant Administrator, in cooperation with the 
Secretaries of Treasury and Homeland Security, shall publish in the 
Federal Register a notice of the comparability finding and the removal 
of the corresponding import prohibition effective on the date of 
publication in the Federal Register.
    (iii) Certification of admissibility. (A) If fish or fish products 
are subject to an import prohibition under paragraphs

[[Page 53]]

(h)(1) and (9) of this section, the Assistant Administrator, to avoid 
circumvention of the import prohibition, may require that the same or 
similar fish and fish products caught or harvested in another fishery of 
the harvesting nation and not subject to the prohibition be accompanied 
by a certification of admissibility by paper or electronic equivalent 
filed through the National Marine Fisheries Service message set required 
in the International Trade Data System. No certification of 
admissibility shall be required for a fish product for which it is 
infeasible to substantiate the attestation that the fish or fish 
products do not contain fish or fish products caught or harvested in a 
fishery subject to an import prohibition. The certification of 
admissibility may be in addition to any other applicable import 
documentation requirements.
    (B) The Assistant Administrator shall notify the harvesting nation 
of the fisheries and the fish and fish products to be accompanied by a 
certification of admissibility and provide the necessary documents and 
instruction.
    (C) The Assistant Administrator, in cooperation with the Secretaries 
of Treasury and Homeland Security, shall as part of the Federal Register 
notice referenced in paragraph (h)(8)(i) of this section, publish a list 
of fish and fish products, organized by harvesting nation, required to 
be accompanied by a certification of admissibility. Any requirement for 
a certification of admissibility shall be effective 30 days after the 
publication of such notice in the Federal Register.
    (D) For each shipment, the certification of admissibility must be 
properly completed and signed by a duly authorized official or agent of 
the harvesting nation and subject to validation by a responsible 
official(s) designated by the Assistant Administrator. The certification 
must also be signed by the importer of record and submitted in a format 
(electronic facsimile [fax], the Internet, etc.) specified by the 
Assistant Administrator.
    (iv) Intermediary nation. (A) For purposes of this paragraph (h)(9), 
and in applying the definition of an ``intermediary nation,'' an import 
into the intermediary nation occurs when the fish or fish product is 
released from a harvesting nation's customs jurisdiction and enters the 
customs jurisdiction of the intermediary nation or when the fish and 
fish products are entered into a foreign trade zone of the intermediary 
nation for processing or transshipment. For other purposes, ``import'' 
is defined in Sec.  216.3.
    (B) No fish or fish products caught or harvested in a fishery 
subject to an import prohibition under paragraphs (h)(1) and (9) of this 
section, may be imported into the United States from any intermediary 
nation.
    (C) Within 30 days of publication of the Federal Register notice 
described in paragraph (h)(8)(i) of this section specifying fish and 
fish products subject to import prohibitions under paragraphs (h)(1) and 
(9) of this section, the Assistant Administrator shall, based on readily 
available information, identify intermediary nations that may import, 
and re-export to the United States, fish and fish products from a 
fishery subject to an import prohibition under paragraphs (h)(1) and 
(h)(9)(i) of this section and notify such nations in writing that they 
are subject to action under paragraph (h)(9)(iv)(D) of this section with 
respect to the fish and fish products for which the Assistant Administer 
identified them.
    (D) Within 60 days from the date of notification, an intermediary 
nation notified pursuant to paragraph (h)(9)(iv)(C) of this section must 
certify to the Assistant Administrator that it:
    (1) Does not import, or does not offer for import into the United 
States, fish or fish products subject to an import prohibition under 
paragraphs (h)(1) and (h)(9)(i) of this section; or
    (2) Has procedures to reliably certify that exports of fish and fish 
products from the intermediary nation to the United States do not 
contain fish or fish products caught or harvested in a fishery subject 
to an import prohibition under paragraphs (h)(1) and (h)(9)(i) of this 
section.
    (E) The intermediary nation must provide documentary evidence to 
support its certification including information demonstrating that:

[[Page 54]]

    (1) It has not imported in the preceding 6 months the fish and fish 
products for which it was notified under paragraph (h)(9)(iv)(C) of this 
section; or
    (2) It maintains a tracking, verification, or other scheme to 
reliably certify on either a global, individual shipment or other 
appropriate basis that fish and fish products from the intermediary 
nation offered for import to the United States do not contain fish or 
fish products caught or harvested in a fishery subject to an import 
prohibition under paragraphs (h)(1) and (h)(9)(i) of this section and 
for which it was notified under paragraph (h)(9)(iv)(C) of this section.
    (F) No later than 120 days after a notification pursuant to 
paragraph (h)(9)(iv)(C) of this section, the Assistant Administrator 
will review the documentary evidence provided by the intermediary nation 
under paragraphs (h)(9)(iv)(D) and (E) of this section and determine 
based on that information or other readily available information whether 
the intermediary nation imports, or offers to import into the United 
States, fish and fish products subject import prohibitions and, if so, 
whether the intermediary nation has procedures to reliably certify that 
exports of fish and fish products from the intermediary nation to the 
United States do not contain fish or fish products subject to import 
prohibitions under paragraphs (h)(1) and (9) of this section, and notify 
the intermediary nation of its determination.
    (G) If the Assistant Administrator determines that the intermediary 
nation does not have procedures to reliably certify that exports of fish 
and fish products from the intermediary nation to the United States do 
not contain fish or fish products caught or harvested in a fishery 
subject to an import prohibition under paragraphs (h)(1) and (h)(9)(i) 
of this section, the Assistant Administrator, in cooperation with the 
Secretaries of the Treasury and Homeland Security, will file with the 
Office of the Federal Register a notice announcing the fish and fish 
products exported from the intermediary nation to the United States that 
are of the same species as, or similar to, fish or fish products subject 
to an import prohibition under paragraphs (h)(1) and (h)(9)(i) of this 
section that may not be imported into the United States as a result of 
the determination. A prohibition under this paragraph shall not apply to 
any fish or fish product for which the intermediary nation was not 
identified under paragraph (h)(9)(iv)(C) of this section.
    (H) The Assistant Administrator will review determinations 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. 
Based upon such information and other relevant information, the 
Assistant Administrator may determine that the intermediary nation 
should no longer be subject to an import prohibition under paragraph 
(h)(9)(iv)(G) of this section. If the Assistant Administrator makes such 
a determination, the Assistant Administrator, in cooperation with the 
Secretaries of the Treasury and Homeland Security, shall lift the import 
prohibition under this paragraph and publish notification of such action 
in the Federal Register.
    (10) Progress report for harvesting nations with export fisheries. 
(i) A harvesting nation shall submit, with respect to an exempt or 
export fishery, a progress report to the Assistant Administrator 
documenting actions taken to:
    (A) Develop, adopt and implement its regulatory program; and
    (B) Meet the conditions in paragraph (h)(6)(iii) of this section, 
including with respect to reducing or maintaining incidental mortality 
and serious injury of marine mammals below the bycatch limit for its 
fisheries.
    (ii) The progress report should include the methods the harvesting 
nation is using to obtain information in support of a comparability 
finding and a certification by the harvesting nation of the accuracy and 
authenticity of the information contained in the progress report.
    (iii) The first progress report will be due two years prior to the 
end of exemption period and every four years thereafter on or before 
July 31.

[[Page 55]]

    (iv) The Assistant Administrator may review the progress report to 
monitor progress made by a harvesting nation in developing its 
regulatory program or to reconsider a comparability finding in 
accordance with paragraph (h)(8)(vi) of this section.
    (11) International cooperation and assistance. Consistent with the 
authority granted under Marine Mammal Protection Act at 16 U.S.C. 1378 
and the availability of funds, the Assistant Administrator may:
    (i) Provide appropriate assistance to harvesting nations identified 
by the Assistant Administrator under paragraph (h)(5) of this section 
with respect to the financial or technical means to develop and 
implement the requirements of this section;
    (ii) Undertake, where appropriate, cooperative research on marine 
mammal assessments for abundance, methods to estimate incidental 
mortality and serious injury and technologies and techniques to reduce 
marine mammal incidental mortality and serious injury in export 
fisheries;
    (iii) Encourage and facilitate, as appropriate, the voluntary 
transfer of appropriate technology on mutually agreed terms to assist 
harvesting nations in qualifying for a comparability finding under 
paragraph (h)(6) of this section; and
    (iv) Initiate, through the Secretary of State, negotiations for the 
development of bilateral or multinational agreements with harvesting 
nations to conserve marine mammals and reduce the incidental mortality 
and serious injury of marine mammals in the course of commercial fishing 
operations.
    (12) Consistency with international obligations. The Assistant 
Administrator shall ensure, in consultation with the Department of State 
and the Office of the United States Trade Representative that any action 
taken under this section, including any action to deny a comparability 
finding or to prohibit imports, is consistent with the international 
obligations of the United States, including under the World Trade 
Organization Agreement.

[69 FR 55297, Sept. 13, 2004, as amended at 70 FR 19008, Apr. 12, 2005; 
74 FR 1613, Jan. 13, 2009; 81 FR 36184, June 6, 2016; 81 FR 51132, Aug. 
3, 2016; 81 FR 54413, Aug. 15, 2016; 83 FR 3625, Jan. 26, 2018; 84 FR 
70043, Dec. 20, 2019; 85 FR 29669, May 18, 2020; 85 FR 49975, Aug. 17, 
2020; 85 FR 58297, Sept. 18, 2020; 85 FR 69517, Nov. 3, 2020; 87 FR 
17023, Mar. 25, 2022]



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

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

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



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

    Notwithstanding any other provision of this subpart:
    (a) Any bones, teeth or ivory of any dead marine mammal may be 
collected from a beach or from land within\1/4\ of a mile of the ocean. 
The term ocean includes bays and estuaries.
    (b) Notwithstanding the provisions of subpart D, soft parts that are 
sloughed, excreted, or discharged naturally by a

[[Page 56]]

living marine mammal in the wild may be collected or imported for bona 
fide scientific research and enhancement, provided that collection does 
not involve the taking of a living marine mammal in the wild.
    (c) Any marine mammal part collected under paragraph (a) of this 
section or any marine mammal part collected and imported under paragraph 
(b) of this section must be registered and identified, and may be 
transferred or otherwise possessed, in accordance with Sec.  216.22(c). 
In registering a marine mammal part collected or imported under 
paragraph (b) of this section, the person who collected or imported the 
part must also state the scientific research or enhancement purpose for 
which the part was collected or imported.
    (d) No person may purchase, sell or trade for commercial purposes 
any marine mammal part collected or imported under this section.
    (e) The export of parts collected without prior authorization under 
paragraph (b) of this section may occur if consistent with the 
provisions at Sec.  216.37(d) under subpart D.

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



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

    (a) Release requirements. (1) Any marine mammal held for 
rehabilitation must be released within six months of capture or import 
unless the attending veterinarian determines that:
    (i) The marine mammal might adversely affect marine mammals in the 
wild;
    (ii) Release of the marine mammal to the wild will not likely be 
successful given the physical condition and behavior of the marine 
mammal; or
    (iii) More time is needed to determine whether the release of the 
marine mammal to the wild will likely be successful. Releasability must 
be reevaluated at intervals of no less than six months until 24 months 
from capture or import, at which time there will be a rebuttable 
presumption that release into the wild is not feasible.
    (2) The custodian of the rehabilitated marine mammal shall provide 
written notification prior to any release into the wild.
    (i) Notification shall be provided to:
    (A) The NMFS Regional Director at least 15 days in advance of 
releasing any beached or stranded marine mammal, unless advance notice 
is waived in writing by the Regional Director; or
    (B) The Office Director at least 30 days in advance of releasing any 
imported marine mammal.
    (ii) Notification shall include the following:
    (A) A description of the marine mammal, including its physical 
condition and estimated age;
    (B) The date and location of release; and
    (C) The method and duration of transport prior to release.
    (3) The Regional Director, or the Office Director as appropriate, 
may:
    (i) Require additional information prior to any release;
    (ii) Change the date or location of release, or the method or 
duration of transport prior to release;
    (iii) Impose additional conditions to improve the likelihood of 
success or to monitor the success of the release; or
    (iv) Require other disposition of the marine mammal.
    (4) All marine mammals must be released near wild populations of the 
same species, and stock if known, unless a waiver is granted by the 
Regional Director or the Office Director.
    (5) All marine mammals released must be tagged or marked in a manner 
acceptable to the Regional Director or the Office Director. The tag 
number or description of the marking must be reported to the Regional 
Director or Office Director following release.
    (b) Non-releasability and postponed determinations. (1) The 
attending veterinarian shall provide the Regional Director or Office 
Director with a written report setting forth the basis of any 
determination under paragraphs (a)(1)(i) through (iii) of this section.
    (2) Upon receipt of a report under paragraph (b)(1) of this section, 
the Regional Director or Office Director, in their sole discretion, may:
    (i) Order the release of the marine mammal;

[[Page 57]]

    (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 under Sec.  216.33 or a request for a major amendment 
under Sec.  216.39 has been submitted to the Office Director and has 
been found complete;
    (ii) The recipient agrees to hold the marine mammal in conformance 
with all applicable requirements and standards; and
    (iii) The recipient acknowledges that the marine mammal is subject 
to seizure by the Office Director:
    (A) If, at any time pending issuance of the major amendment or 
permit, the Office Director determines that seizure is necessary in the 
interest of the health or welfare of the marine mammal;
    (B) If the major amendment or permit is denied; or
    (C) If the recipient is issued a notice of violation and assessment, 
or is subject to permit sanctions, in accordance with 15 CFR part 904.
    (4) There shall be no remuneration associated with any transfer, 
provided that, the transferee may reimburse the transferor for any and 
all costs associated with the rehabilitation and transport of the marine 
mammal.
    (5) Marine mammals undergoing rehabilitation or pending disposition 
under this section shall not be subject to public display, unless such 
activities are specifically authorized by the Regional Director or the 
Office Director, and conducted consistent with the requirements 
applicable to public display. Such marine mammals shall not be trained 
for performance or be included in any aspect of a program involving 
interaction with the public; and
    (6) Marine mammals undergoing rehabilitation shall not be subject to 
intrusive research, unless such activities are specifically authorized 
by the Office Director in consultation with the Marine Mammal Commission 
and its

[[Page 58]]

Committee of Scientific Advisors on Marine Mammals, and are conducted 
pursuant to a scientific research permit.
    (d) Reporting. In addition to the report required under Sec.  
216.22(b), the person authorized to hold marine mammals for 
rehabilitation must submit reports to the Regional Director or Office 
Director regarding release or other disposition. These reports must be 
provided in the form and frequency specified by the Regional Director or 
Office Director.

[61 FR 21933, May 10, 1996]



                      Subpart D_Special Exceptions



Sec.  216.30  [Reserved]



Sec.  216.31  Definitions.

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

[61 FR 21935, May 10, 1996]



Sec.  216.32  Scope.

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

[61 FR 21935, May 10, 1996]



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

    (a) Application submission. Persons seeking a special exemption 
permit under this subpart must submit an application to the Office 
Director. The application must be signed by the applicant, and provide 
in a properly formatted manner all information necessary to process the 
application. Written instructions addressing information requirements 
and formatting may be obtained from the Office Director upon request.
    (b) Applications to export living marine mammals. For applicants 
seeking a special exception permit to export living marine mammals, the 
application must:
    (1) Be submitted through the Convention on International Trade in 
Endangered Fauna and Flora management authority of the foreign 
government or, if different, the appropriate agency or agencies of the 
foreign government that exercises oversight over marine mammals.
    (2) Include a certification from the foreign government that:
    (i) The information set forth in the application is accurate;
    (ii) The laws and regulations of the foreign governmentinvolved 
allow enforcement of the terms and conditions of the permit, and that 
the foreign government will enforce all terms and conditions; and
    (iii) The foreign government involved will afford comity to any 
permit amendment, modification, suspension or revocation decision.
    (c) Initial review. (1) NMFS will notify the applicant of receipt of 
the application.
    (2) During the initial review, the Office Director will determine:
    (i) Whether the application is complete.
    (ii) Whether the proposed activity is for purposes authorized under 
this subpart.
    (iii) If the proposed activity is for enhancement purposes, whether 
the species or stock identified in the application is in need of 
enhancement for its survival or recovery and whether the proposed 
activity will likely succeed in its objectives.
    (iv) Whether the activities proposed are to be conducted consistent 
with the permit restrictions and permit specific conditions as described 
in Sec.  216.35 and Sec.  216.36(a).
    (v) Whether sufficient information is included regarding the 
environmental impact of the proposed activity to enable the Office 
Director:
    (A) To make an initial determination under the National 
Environmental Policy Act (NEPA) as to whether the proposed activity is 
categorically excluded from preparation of further environmental 
documentation, or whether the

[[Page 59]]

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. 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

[[Page 60]]

public comment period, the Office Director will issue or deny a special 
exception permit.
    (2) The decision to issue or deny a permit will be based upon:
    (i) All relevant issuance criteria set forth at Sec.  216.34;
    (ii) All purpose-specific issuance criteria as appropriate set forth 
at Sec.  216.41, Sec.  216.42, and Sec.  216.43;
    (iii) All comments received or views solicited on the permit 
application; and
    (iv) Any other information or data that the Office Director deems 
relevant.
    (3) If the permit is issued, upon receipt, the holder must date and 
sign the permit, and return a copy of the original to the Office 
Director. The permit shall be effective upon the permit holder's signing 
of the permit. In signing the permit, the holder:
    (i) Agrees to abide by all terms and conditions set forth in the 
permit, and all restrictions and relevant regulations under this 
subpart; and
    (ii) Acknowledges that the authority to conduct certain activities 
specified in the permit is conditional and subject to authorization by 
the Office Director.
    (4) Notice of the decision of the Office Director shall be published 
in the Federal Register within 10 days after the date of permit issuance 
or denial and shall indicate where copies of the permit, if issued, may 
be reviewed or obtained. If the permit issued involves marine mammals 
listed as endangered or threatened under the ESA, the notice shall 
include a finding by the Office Director that the permit:
    (i) Was applied for in good faith;
    (ii) If exercised, will not operate to the disadvantage of such 
endangered or threatened species; and
    (iii) Is consistent with the purposes and policy set forth in 
section 2 of the ESA.
    (5) If the permit is denied, the Office Director shall provide the 
applicant with an explanation for the denial.
    (6) Under the MMPA, the Office Director may issue a permit for 
scientific research before the end of the public comment period if 
delaying issuance could result in injury to a species, stock, or 
individual, or in loss of unique research opportunities. The Office 
Director also may waive the 30-day comment period required under the ESA 
in an emergency situation where the health or life of an endangered or 
threatened marine mammal is threatened and no reasonable alternative is 
available. If a permit is issued under these circumstances, notice of 
such issuance before the end of the comment period shall be published in 
the Federal Register within 10 days of issuance.
    (7) The applicant or any party opposed to a permit may seek judicial 
review of the terms and conditions of such permit or of a decision to 
deny such permit. Review may be obtained by filing a petition for review 
with the appropriate U.S. District Court as provided for by law.

[61 FR 21935, May 10, 1996]



Sec.  216.34  Issuance criteria.

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

[[Page 61]]

parts beyond those authorized by the permit.
    (b) The opinions or views of scientists or other persons or 
organizations knowledgeable of the marine mammals that are the subject 
of the application or of other matters germane to the application will 
be considered.

[61 FR 21936, May 10, 1996]



Sec.  216.35  Permit restrictions.

    The following restrictions shall apply to all permits issued under 
this subpart:
    (a) The taking, importation, export, or other permitted activity 
involving marine mammals and marine mammal parts shall comply with the 
regulations of this subpart.
    (b) The maximum period of any special exception permit issued, or 
any major amendment granted, is five years from the effective date of 
the permit or major amendment. In accordance with the provisions of 
Sec.  216.39, the period of a permit may be extended by a minor 
amendment up to 12 months beyond that established in the original 
permit.
    (c) Except as provided for in Sec.  216.41(c)(1)(v), marine mammals 
or marine mammal parts imported under the authority of a permit must be 
taken or imported in a humane manner, and in compliance with the Acts 
and any applicable foreign law. Importation of marine mammals and marine 
mammal parts is subject to the provisions of 50 CFR part 14.
    (d) The permit holder shall not take from the wild any marine mammal 
which at the time of taking is either unweaned or less than eight months 
old, or is a part of a mother-calf/pup pair, unless such take is 
specifically authorized in the conditions of the special exception 
permit. Additionally, the permit holder shall not import any marine 
mammal that is pregnant or lactating at the time of taking or import, or 
is unweaned or less than eight months old unless such import is 
specifically authorized in the conditions of the special exception 
permit.
    (e) Captive marine mammals shall not be released into the wild 
unless specifically authorized by the Office Director under a scientific 
research or enhancement permit.
    (f) The permit holder is responsible for all activities of any 
individual who is operating under the authority of the permit;
    (g) Individuals conducting activities authorized under the permit 
must possess qualifications commensurate with their duties and 
responsibilities, or must be under the direct supervision of a person 
with such qualifications;
    (h) Persons who require state or Federal licenses to conduct 
activities authorized under the permit must be duly licensed when 
undertaking such activities;
    (i) Special exception permits are not transferable or assignable to 
any other person, and a permit holder may not require any direct or 
indirect compensation from another person in return for requesting 
authorization for such person to conduct the taking, import, or export 
activities authorized under the subject permit;
    (j) The permit holder or designated agent shall possess a copy of 
the permit when engaged in a permitted activity, when the marine mammal 
is in transit incidental to such activity, and whenever marine mammals 
or marine mammal parts are in the possession of the permit holder or 
agent. A copy of the permit shall be affixed to any container, package, 
enclosure, or other means of containment, in which the marine mammals or 
marine mammal parts are placed for purposes of transit, supervision, or 
care. For marine mammals held captive and marine mammal parts in 
storage, a copy of the permit shall be kept on file in the holding or 
storage facility.

[61 FR 21936, May 10, 1996]



Sec.  216.36  Permit conditions.

    (a) Specific conditions. (1) Permits issued under this subpart shall 
contain specific terms and conditions deemed appropriate by the Office 
Director, including, but not limited to:
    (i) The number and species of marine mammals that are authorized to 
be taken, imported, exported, or otherwise affected;
    (ii) The manner in which marine mammals may be taken according to 
type of take;
    (iii) The location(s) in which the marine mammals may be taken, from

[[Page 62]]

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
    (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

[[Page 63]]

properly curated, professionally accredited scientific collection, or 
education, provided that:
    (1) The permit holder or other person receives no remuneration for 
the marine mammal part;
    (2) A unique number assigned by the permit holder is marked on or 
affixed to the marine mammal specimen or container;
    (3) The marine mammal part is exported or reimported in compliance 
with all applicable domestic and foreign laws;
    (4) If exported or reimported for educational purposes, the 
recipient is a museum, educational institution, or equivalent that will 
ensure that the part is available to the public as part of an 
educational program; and
    (5) Special reports are submitted within 30 days after both export 
and reimport as required by the Office Director under Sec.  216.38.

[61 FR 21937, May 10, 1996]



Sec.  216.38  Reporting.

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

[61 FR 21937, May 10, 1996]



Sec.  216.39  Permit amendments.

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

[61 FR 21937, May 10, 1996]

[[Page 64]]



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 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

[[Page 65]]

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 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

[[Page 66]]

    (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 in Sec.  
216.3, initiated after June 10, 1996, must be authorized under a 
scientific research permit. Intrusive research authorized by the Office 
Director to be conducted on captive marine mammals held for public 
display purposes prior to June 10, 1996, must be authorized under a 
scientific research permit one year after June 10, 1996.

[61 FR 21939, May 10, 1996]



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

    (a) General Authorization. (1) Persons are authorized under section 
104(c)(3)(C) of the MMPA to take marine mammals in the wild by Level B 
harassment, as defined in Sec.  216.3, for purposes of bona fide 
scientific research Provided, That:
    (i) They submit a letter of intent in accordance with the 
requirements of paragraph (b) of this section, receive confirmation that 
the General Authorization applies in accordance with paragraph (c) of 
this section, and comply with the terms and conditions of paragraph (d) 
of this section; or
    (ii) If such marine mammals are listed as endangered or threatened 
under the ESA, they have been issued a permit under Section 10(a)(1)(A) 
of the ESA and implementing regulations at 50 CFR parts 217-227, 
particularly at Sec.  222.23 through Sec.  222.28, to take marine 
mammals in the wild for the purpose of scientific research, the taking 
authorized under the permit involves such Level B harassment of marine 
mammals or marine mammal stocks, and they comply with the terms and 
conditions of that permit.
    (2) Except as provided under paragraph (a)(1)(ii) of this section, 
no taking, including harassment, of marine mammals listed as threatened 
or endangered under the ESA is authorized under the General 
Authorization. Marine mammals listed as endangered or threatened under 
the ESA may be taken for purposes of scientific research only after 
issuance of a permit for such activities pursuant to the ESA.
    (3) The following types of research activities will likely qualify 
for inclusion under the General Authorization: Photo-identification 
studies, behavioral observations, and vessel and aerial population 
surveys (except aerial surveys over pinniped rookeries at altitudes of 
less than 1,000 ft).
    (b) Letter of intent. Except as provided under paragraph (a)(1)(ii) 
of this section, any person intending to take marine mammals in the wild 
by Level B harassment for purposes of bona fide scientific research 
under the General Authorization must submit, at least 60

[[Page 67]]

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 in Sec.  
216.3; and
    (vi) The methods to be used to conduct the research.
    (3) The letter of intent must be signed, dated, and certified by the 
applicant as follows:

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

    (c) Confirmation that the General Authorization applies or 
notification of permit requirement. (1) Not later than 30 days after 
receipt of a letter of intent as described in paragraph (b) of this 
section, the Chief, Permits Division, NMFS will issue a letter to the 
applicant either:
    (i) Confirming that the General Authorization applies to the 
proposed scientific research as described in the letter of intent;
    (ii) Notifying the applicant that all or part of the research 
described in the letter of intent is likely to result in a taking of a 
marine mammal in the wild involving other than Level B harassment and, 
as a result, cannot be conducted under the General Authorization, and 
that a scientific research permit is required to conduct all or part of 
the subject research; or
    (iii) Notifying the applicant that the letter of intent fails to 
provide sufficient information and providing a description of the 
deficiencies, or notifying the applicant that the proposed research as 
described in the letter of intent is not bona fide research as defined 
in Sec.  216.3.
    (2) A copy of each letter of intent and letter confirming that the 
General Authorization applies or notifying the applicant that it does 
not apply will be forwarded to the Marine Mammal Commission.
    (3) Periodically, NMFS will publish a summary document in the 
Federal Register notifying the public of letters of confirmation issued.

[[Page 68]]

    (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.
    (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,

[[Page 69]]

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 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

[[Page 70]]

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 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

[[Page 71]]

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 subsistence use of fur seals.

    (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)-(c)[Reserved]
    (d) St. George Island. The subsistence fur seal harvest restrictions 
described in paragraphs (d)(1) through (5) of this section apply 
exclusively to the harvest of sub-adult fur seals; restrictions that 
apply exclusively to the harvest of young of the year fur seals can be 
found in paragraphs (d)(6) through (11) of this section. For the taking 
of fur seals for subsistence uses, Pribilovians on St. George Island may 
harvest up to a total of 500 male fur seals per year over the course of 
both the sub-adult male harvest and the male young of the year harvest. 
Pribilovians are authorized each year up to three mortalities of female 
fur seals associated with the subsistence seasons. Any female fur seal 
mortalities will be included in the total authorized subsistence harvest 
of 500 fur seals per year.
    (1) Pribilovians may only harvest sub-adult male fur seals 124.5 
centimeters or less in length from June 23 through August 8 annually on 
St. George Island.
    (2) Pribilovians may harvest sub-adult male fur seals at the hauling 
grounds shown in Figure 1 to part 216. No hauling ground may be 
harvested more than twice per week.
    (3) [Reserved]
    (4) The scheduling of the sub-adult male 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. No fur seal may be taken except by 
experienced sealers using the traditional harvesting methods, including 
stunning followed immediately by

[[Page 72]]

exsanguination. The harvesting method shall include organized drives of 
sub-adult male fur seals to killing fields, unless the NMFS 
representatives determine, 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.
    (5) [Reserved]
    (6) Pribilovians may only harvest male young of the year from 
September 16 through November 30 annually on St. George Island. 
Pribilovians may harvest up to 150 male fur seal young of the year 
annually.
    (7) No more than 50 male young of the year may be harvested from 
each of the following regions where fur seals congregate: East region 
includes the breeding areas known as East Reef and East Cliffs rookeries 
and the associated non-breeding hauling grounds; South region includes 
the breeding areas known as Zapadni and South rookeries and the 
associated non-breeding hauling grounds; and North region includes the 
breeding areas known as North and Staraya Artil rookeries and associated 
non-breeding hauling grounds, as shown in Figure 1 to part 216. No area 
may be harvested more than twice per week and must be in accordance with 
paragraph (d)(10) of this section.
    (8) The scheduling of the young of the year harvest is at the 
discretion of the Pribilovians, but must be such as to minimize stress 
to the harvested and un-harvested fur seals and minimize the take of 
female fur seals. The Pribilovians must give adequate advance notice of 
their harvest schedules to the NMFS representatives to allow for 
necessary monitoring activities. No fur seal may be taken except by 
sealers using the harvesting methods implemented to reduce disturbance, 
injury, and accidental mortality of female fur seals. Pribilovians may 
use, but are not limited to, organized drives of young of the year fur 
seals from congregating areas to inland killing fields. Methods of 
harvest must include identification of male young of the year, followed 
by stunning and immediate exsanguination, unless the NMFS 
representatives, in consultation with the Pribilovians conducting the 
harvest, determine that alternative methods will not result in increased 
stress to harvested and un-harvested fur seals, increased disturbance or 
injury to resting fur seals, or the accidental mortality of female 
seals.
    (9) [Reserved]
    (10) No young of the year fur seals may be taken from any designated 
breeding area or its associated hauling ground(s) where the most recent 
NMFS analysis projects that pup production has greater than a 5 percent 
probability of falling below a level capable of sustaining a harvest in 
10 years.
    (11) No more than 120 days after the final subsistence harvest each 
calendar year, NMFS representatives and St. George Island community 
members must review the implementation of the harvest and consider best 
harvest practices and determine if implementation can be improved to 
better meet the subsistence needs of the St. George Island community or 
reduce negative effects on fur seals.
    (e) St. Paul Island. For the taking of fur seals for subsistence 
uses, Pribilovians on St. Paul Island are authorized to take by hunt and 
harvest up to 2,000 juvenile (less than 7 years old, including pups) 
male fur seals per year.
    (1) Juvenile male fur seals may be killed with firearms from January 
1 through May 31 annually, or may be killed using alternative hunting 
methods developed through the St. Paul Island Co-management Council if 
those methods are consistent with Sec.  216.71 and result in 
substantially similar effects. A firearm is any weapon, such as a pistol 
or rifle, capable of firing a missile using an explosive charge as a 
propellant.
    (2) Juvenile male fur seals may be harvested without the use of 
firearms from June 23 through December 31 annually. Authorized harvest 
may be by established harvest methods of herding and stunning followed 
immediately by exsanguination, or by alternative harvest methods 
developed through the St. Paul Island Co-management Council if those 
methods are consistent with Sec.  216.71 and result in substantially 
similar effects.
    (3) Pribilovians are authorized each year up to 20 mortalities of 
female fur

[[Page 73]]

seals associated with the subsistence seasons. Any female fur seal 
mortalities will be included in the total number of fur seals authorized 
per year for subsistence uses (2,000).
    (f) Subsistence use suspension provisions. (1) The Assistant 
Administrator is required to suspend the take provided for in Sec.  
216.71 on St. George and/or St. Paul Islands, as appropriate, when:
    (i) He or she determines that subsistence use is being conducted in 
a wasteful manner; or
    (ii) With regard to St. George Island, two female fur seals have 
been killed during the subsistence seasons on St. George Island.
    (2) A suspension based on a determination under paragraph (f)(1)(i) 
of this section may be lifted by the Assistant Administrator if he or 
she finds that the conditions that led to the determination that 
subsistence use was being conducted in a wasteful manner have been 
remedied.
    (3) A suspension based on a determination under paragraph (f)(1)(ii) 
of this section may be lifted by the Assistant Administrator if he or 
she finds that the conditions that led to the killing of two female fur 
seals on St. George Island have been remedied and additional or improved 
methods to detect female fur seals during the subsistence seasons are 
being implemented.
    (g) Subsistence use termination provisions. The Assistant 
Administrator shall terminate the annual take provided for in Sec.  
216.71 on the Pribilof Islands, as follows:
    (1) For St. Paul Island:
    (i) For the hunting of juvenile male fur seals with firearms, at the 
end of the day on May 31 or when 2,000 fur seals have been killed, 
whichever comes first;
    (ii) For the harvest of juvenile male fur seals without firearms, at 
the end of the day on December 31 or when 2,000 fur seals have been 
killed, whichever comes first; or
    (iii) When 20 female fur seals have been killed during the 
subsistence seasons.
    (2) For St. George Island:
    (i) For the sub-adult male harvest, at the end of the day on August 
8 or when 500 sub-adult male seals have been harvested, whichever comes 
first;
    (ii) For the male young of the year harvest, at the end of the day 
on November 30 or earlier when either of the following occurs first: 150 
male young of the year fur seals have been harvested or a total of 500 
male sub-adult and male young of the year fur seals have been harvested; 
or
    (iii) When three female fur seals have been killed during the 
subsistence seasons.

[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, as 
amended at 79 FR 65337, Nov. 4, 2014; 84 FR 52382, Oct. 2, 2019; 85 FR 
15948, Mar. 20, 2020]



Sec.  216.73  Disposition of fur seal parts.

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

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



Sec.  216.74  Cooperation between fur seal subsistence users, 
tribal and Federal officials.

    Federal scientists and Pribilovians cooperatively manage the 
subsistence use of northern fur seals under section 119 of the Marine 
Mammal Protection Act (16 U.S.C. 1388). The federally recognized tribes 
on the Pribilof Islands have signed agreements describing a shared 
interest in the conservation and management of fur seals and the 
designation of co-management councils

[[Page 74]]

that meet and address the purposes of the co-management agreements for 
representatives from NMFS, St. George and St. Paul tribal governments. 
NMFS representatives are responsible for compiling information related 
to sources of human-caused mortality and serious injury of marine 
mammals. The Pribilovians are responsible for reporting their 
subsistence needs and actual level of subsistence take. This information 
is used to update stock assessment reports and make determinations under 
Sec.  216.72. Pribilovians who take fur seals for subsistence uses 
collaborate with NMFS representatives and the respective Tribal 
representatives to consider best subsistence use practices under co-
management and to facilitate scientific research.

[84 FR 52383, Oct. 2, 2019, as amnded at 85 FR 15948, Mar. 20, 2020]



                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
    (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.

[[Page 75]]

    (5) Permission to utilize the Pribilof Islands to conduct an 
approved research program may be revoked by the Director, Pribilof 
Islands Program at any time for noncompliance with any terms and 
conditions, or for violations of any regulation or administrative 
procedure in effect on the Pribilof Islands.

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



                  Subpart H_Dolphin Safe Tuna Labeling

    Authority: 16 U.S.C. 1385.



Sec.  216.90  Purposes.

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

[69 FR 55307, Sept. 13, 2004]



Sec.  216.91  Dolphin-safe labeling standards.

    (a) It is a violation of Section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45) for any producer, importer, exporter, wholesaler/
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 under 
Sec. Sec.  216.92 and 216.93 are met;
    (ii) No dolphins were killed or seriously injured during the sets in 
which the tuna were caught; and
    (iii) None of the tuna were caught on a trip using a purse seine net 
intentionally deployed on or to encircle dolphins, provided that this 
paragraph (a)(1)(iii) will not apply if the Assistant Administrator 
publishes a notification in the Federal Register announcing a finding 
under 16 U.S.C. 1385(g)(2) that the intentional deployment of purse 
seine nets on or encirclement of dolphins is not having a significant 
adverse impact on any depleted stock.
    (2) Driftnet. By a vessel engaged in large-scale driftnet fishing; 
or
    (3) Other fisheries. By a vessel in a fishery other than one 
described in paragraph (a)(1) or (2) of this section unless such product 
is accompanied as described in Sec.  216.93(d), (e), or (f), as 
appropriate, by:
    (i) For tuna caught in a purse seine fishery outside the ETP by a 
vessel on a fishing trip that began before July 13, 2013, 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.
    (ii) For tuna caught by a vessel on a fishing trip that began on or 
after July 13, 2013, and before May 21, 2016, a written statement 
executed by the Captain of the vessel certifying:
    (A) For a purse seine vessel outside the ETP, 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;
    (B) For a vessel other than one described in paragraph (a)(3)(ii)(A) 
of this section, that no dolphins were killed or seriously injured in 
the sets or other gear deployments in which the tuna were caught.
    (iii) For tuna caught by a vessel on a fishing trip that began on or 
after May 21, 2016, a written statement executed by the Captain of the 
vessel certifying that:
    (A) No purse seine net or other fishing gear 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 or other gear deployments in which the 
tuna were caught; and

[[Page 76]]

    (B) The Captain of the vessel has completed the NMFS Tuna Tracking 
and Verification Program dolphin-safe captain's training course. The 
NMFS Tuna Tracking and Verification Program dolphin-safe captain's 
training course is available on the website of the NMFS Tuna Tracking 
and Verification Program at https://www.fisheries.noaa.gov/ dolphin-
safe.
    (iv) For tuna caught in a fishery where the Assistant Administrator 
has determined that observers participating in a national or 
international observer program are qualified and authorized to issue 
observer statements for purposes of the dolphin-safe labeling program, 
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. Any determination by the Assistant Administrator shall be 
announced in a notice published in the Federal Register. Determinations 
under this paragraph (a)(3)(iv) will also be publicized on the website 
of the NMFS Tuna Tracking and Verification Program (https://
www.fisheries.noaa.gov/ dolphin-safe). The written statement shall 
certify:
    (A) That no dolphins were killed or seriously injured in the sets or 
other gear deployments in which the tuna were caught; and,
    (B) In purse seine fisheries, that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the trip 
on which the tuna were caught.
    (v) For tuna caught in a fishery in which the Assistant 
Administrator has determined that either a regular and significant 
association between dolphins and tuna (similar to the association 
between dolphins and tuna in the ETP) or a regular and significant 
mortality or serious injury of dolphins is occurring, 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, unless the Assistant Administrator determines 
an observer statement is unnecessary. Determinations under this 
paragraph (a)(3)(v) will also be publicized on the website of the NMFS 
Tuna Tracking and Verification Program (https://www.fisheries.noaa.gov/ 
dolphin-safe). The written statement shall certify that:
    (A) No fishing gear was intentionally deployed on or used to 
encircle dolphins during the trip on which the tuna were caught;
    (B) No dolphins were killed or seriously injured in the sets or 
other gear deployments in which the tuna were caught; and
    (C) Any relevant requirements of paragraph (a)(4) of this section 
were complied with during the trip on which the tuna were caught.
    (4) Other fisheries--segregation. In a fishery other than one 
described in paragraph (a)(1) or (2) of this section on a fishing trip 
that began on or after July 13, 2013 unless the tuna caught in sets or 
gear deployments designated as dolphin-safe was stored physically 
separate from tuna caught in a non-dolphin-safe set or other gear 
deployment by the use of netting, other material, or separate storage 
areas from the time of capture through unloading. If tuna caught in a 
set or other gear deployment where a dolphin was killed or seriously 
injured is not stored physically separate from dolphin-safe tuna as 
stated in Sec.  216.93(c)(2)(i) or (c)(3)(i), as applicable, all tuna 
inside the storage well or other storage location shall be considered 
non-dolphin-safe.
    (5) Other fisheries--chain of custody recordkeeping. By a vessel in 
a fishery other than one described in paragraph (a)(1) or (2) of this 
section unless:
    (i) For tuna designated dolphin-safe that was harvested on a fishing 
trip that began on or after May 21, 2016, in addition to any other 
applicable requirements:
    (A) The importer of record or U.S. processor of tuna or tuna 
products, as applicable, maintains information on the complete chain of 
custody, including storage facilities, transshippers, processors, re-
processors, and wholesalers/distributors to enable dolphin-safe tuna to 
be distinguished from non-dolphin-safe tuna from the time it is caught 
to the time it is ready for retail sale;
    (B) The importer of record or the U.S. processor, as appropriate, 
ensures

[[Page 77]]

that information is readily available to NMFS upon request to allow it 
to trace any non-dolphin-safe tuna loaded onto the vessel back to one or 
more storage wells or other storage locations for a particular fishing 
trip and to show that such non-dolphin-safe tuna was kept physically 
separate from dolphin-safe tuna through unloading.
    (ii) For tuna designated dolphin-safe that was harvested in a 
fishery about which the Assistant Administrator made a determination 
under paragraph (a)(3)(v) of this section, and harvested on a fishing 
trip that begins on or after 60 days after the date of the Federal 
Register notice of that determination, the tuna or tuna products are 
accompanied by valid documentation signed by a representative of the 
vessel flag nation or the processing nation (if processed in another 
nation) certifying that:
    (A) The catch documentation is correct;
    (B) The tuna or tuna products meet the dolphin-safe labeling 
standards under this section; and
    (C) The chain of custody information is correct.
    (iii) The information referred to in paragraphs (a)(5)(i) and (ii) 
of this section is maintained at the place of business of the importer 
of record or the U.S. processor, as applicable, for a period of 2 years 
from the date of the import or receipt, and be made available to NMFS 
for inspection upon request.
    (b) It is a violation of section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45) to willingly and knowingly use a label referred to in 
this section in a campaign or effort to mislead or deceive consumers 
about the level of protection afforded dolphins under the IDCP.
    (c) A tuna product that is labeled with the official mark, described 
in Sec.  216.95, may not be labeled with any other label or mark that 
refers to dolphins, porpoises, or marine mammals.

[81 FR 15448, Mar. 23, 2016, as amended at 81 FR 15449, Mar. 23, 2016; 
83 FR 3626, Jan. 26, 2018]



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

    (a) U.S. vessels. Tuna products that contain tuna harvested by U.S. 
flag purse seine vessels of greater than 400 st (362.8 mt) carrying 
capacity in the ETP may be labeled dolphin-safe only if the following 
requirements are met:
    (1) Tuna Tracking Forms containing a complete record of all the 
fishing activities on the trip, certified by the vessel Captain and the 
observer, are submitted to the Administrator, Southwest Region, at the 
end of the fishing trip during which the tuna was harvested;
    (2) The tuna is delivered for processing to a U.S. tuna processor in 
a plant located in one of the 50 states, Puerto Rico, or American Samoa 
that is in compliance with the tuna tracking and verification 
requirements of Sec.  216.93; and
    (3) The tuna or tuna products meet the dolphin-safe labeling 
standards under Sec.  216.91.
    (b) Imported tuna. (1) Yellowfin tuna or tuna products harvested in 
the ETP by vessels of greater than 400 st (362.8 mt) carrying capacity 
and presented for import into the United States may be labeled dolphin-
safe only if the yellowfin tuna was harvested by a U.S. vessel fishing 
in compliance with the requirements of the IDCP and applicable U.S. law, 
or by a vessel belonging to a nation that has obtained an affirmative 
finding under Sec.  216.24(f)(8).
    (2) Tuna or tuna products, other than yellowfin tuna, harvested in 
the ETP by purse seine vessels of greater than 400 st (362.8 mt) 
carrying capacity and presented for import into the United States may be 
labeled dolphin-safe only if:
    (i) The tuna was harvested by a U.S. vessel fishing in compliance 
with the requirements of the IDCP and applicable U.S. law, or by a 
vessel belonging to a nation that is a Party to the Agreement on the 
IDCP or has applied to become a Party and is adhering to all the 
requirements of the Agreement on the IDCP Tuna Tracking and Verification 
Plan;
    (ii) The tuna or tuna products are accompanied as described in Sec.  
216.24(f)(3) by a properly completed FCO; and

[[Page 78]]

    (iii) The tuna or tuna products are accompanied as described in 
Sec.  216.24(f)(3) by valid documentation signed by a representative of 
the appropriate IDCP member nation, containing the harvesting vessel 
names and tuna tracking form numbers represented in the shipment, and 
certifying that:
    (A) There was an IDCP approved observer on board the vessel(s) 
during the entire trip(s); and
    (B) The tuna contained in the shipment were caught according to the 
dolphin-safe labeling standards of Sec.  216.91.

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



Sec.  216.93  Tracking and verification program.

    The Administrator, Southwest Region, has established a national 
tracking and verification program to accurately document the dolphin-
safe condition of tuna, under the standards set forth in Sec. Sec.  
216.91 and 216.92. The tracking program includes procedures and reports 
for use when importing tuna into the United States and during U.S. 
fishing, processing, and marketing in the United States and abroad. 
Verification of tracking system operations is attained through the 
establishment of audit and document review requirements. The tracking 
program is consistent with the international tuna tracking and 
verification program adopted by the Parties to the Agreement on the 
IDCP.
    (a) Tuna tracking forms. Whenever a U.S. flag tuna purse seine 
vessel of greater than 400 st (362.8 mt) carrying capacity fishes in the 
ETP, IDCP approved Tuna Tracking Forms (TTFs), bearing a unique number 
assigned to that trip, are used by the observer to record every set made 
during that trip. One TTF is used to record dolphin-safe sets and a 
second TTF is used to record non-dolphin-safe sets. The information 
entered on the TTFs following each set includes the date, well number, 
weights by species composition, estimated tons loaded, and additional 
notes, if any. The observer and the vessel engineer initial the entry as 
soon as possible following each set, and the vessel captain and observer 
review and sign both TTFs at the end of the fishing trip certifying that 
the information on the forms is accurate. TTFs are confidential official 
documents of the IDCP, consistent with Article XVIII of the Agreement on 
the IDCP, and the Agreement on the IDCP Rules of Confidentiality.
    (b) Dolphin-Safe Certification. Upon request, the Office of the 
Administrator, Southwest Region, will provide written certification that 
tuna harvested by U.S. purse seine vessels greater than 400 st (362.8 
mt) carrying capacity is dolphin-safe, but only if NMFS' review of the 
TTFs for the subject trip shows that the tuna for which the 
certification is requested is dolphin-safe under the requirements of the 
Agreement on the IDCP and U.S. law.
    (c) Tracking fishing operations. (1) 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

[[Page 79]]

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.
    (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 under Sec.  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 under Sec.  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 under Sec.  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

[[Page 80]]

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 under Sec.  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 
under Sec.  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 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 in Sec.  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 by Sec.  
216.24(f)(2). For tuna tracking purposes, copies of FCOs and associated 
certifications and statements must be submitted by the importer of 
record to U.S. Customs and Border Protection as described in and 
required by Sec.  216.24(f)(2).
    (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. At the time of, or in advance of, importation 
of a shipment of tuna or tuna products, any importer of tuna or tuna 
products must submit all corresponding FCOs and required certifications 
and statements for those tuna or tuna products as required by Sec.  
216.24(f)(2).
    (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

[[Page 81]]

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, as amended at 81 FR 51133, Aug. 3, 2016]



Sec.  216.94  False statements or endorsements.

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

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



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

    (a) This is the ``official mark'' (see figure 1) designated by the 
United States Department of Commerce that may be used to label tuna 
products that meet the ``dolphin-safe'' standards set forth in the 
Dolphin Protection Consumer Information Act, 16 U.S.C. 1385, and 
implementing regulations at Sec. Sec.  216.91 through 216.94:
[GRAPHIC] [TIFF OMITTED] TR30MY00.019


[[Page 82]]


    (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 https://www.fisheries .noaa.gov/ national/ 
marine-mammal-protection/ dolphin-safe-official-mark.

[65 FR 34410, May 30, 2000. Redesignated at 69 FR 55307, Sept. 13, 2004, 
as amended at 83 FR 3626, Jan. 26, 2018]



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



Sec.  216.103  Definitions.

    In addition to definitions contained in the MMPA, and in Sec.  
216.3, and unless the context otherwise requires, in subsequent subparts 
to this part:
    Arctic waters means the marine and estuarine waters north of 60[deg] 
N. lat.
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, state and local government agencies shall 
also constitute citizens of the United States for purposes of this part.
    Incidental harassment, incidental taking and incidental, but not 
intentional, taking all mean an accidental taking. This does not mean 
that the taking is unexpected, but rather it includes those takings that 
are infrequent, unavoidable or accidental. (A complete definition of 
``take'' is contained in Sec.  216.3).
    Negligible impact is an impact resulting from the specified activity 
that cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates of 
recruitment or survival.
    Small numbers means a portion of a marine mammal species or stock 
whose taking would have a negligible impact on that species or stock.
    Specified activity means any activity, other than commercial 
fishing, that takes place in a specified geographical region and 
potentially involves the

[[Page 83]]

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;
    (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

[[Page 84]]

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



Sec.  216.105  Specific regulations.

    (a) For all petitions for regulations under this paragraph, 
applicants must provide the information requested in Sec.  216.104(a) on 
their activity as a whole, which includes, but is not necessarily

[[Page 85]]

limited to, an assessment of total impacts by all persons conducting the 
activity.
    (b) For allowed activities that may result in incidental takings of 
small numbers of marine mammals by harassment, serious injury, death or 
a combination thereof, specific regulations shall be established for 
each allowed activity that set forth:
    (1) Permissible methods of taking;
    (2) Means of effecting the least practicable adverse impact on the 
species and its habitat and on the availability of the species for 
subsistence uses; and
    (3) Requirements for monitoring and reporting, including 
requirements for the independent peer-review of proposed monitoring 
plans where the proposed activity may affect the availability of a 
species or stock for taking for subsistence uses.
    (c) Regulations will be established based on the best available 
information. As new information is developed, through monitoring, 
reporting, or research, the regulations may be modified, in whole or in 
part, after notice and opportunity for public review.



Sec.  216.106  Letter of Authorization.

    (a) A Letter of Authorization, which may be issued only to U.S. 
citizens, is required to conduct activities pursuant to any regulations 
established under Sec.  216.105. Requests for Letters of Authorization 
shall be submitted to the Director, Office of Protected Resources. The 
information to be submitted in a request for an authorization will be 
specified in the appropriate subpart to this part or may be obtained by 
writing to the above named person.
    (b) Issuance of a Letter of Authorization will be based on a 
determination that the level of taking will be consistent with the 
findings made for the total taking allowable under the specific 
regulations.
    (c) Letters of Authorization will specify the period of validity and 
any additional terms and conditions appropriate for the specific 
request.
    (d) Notice of issuance of all Letters of Authorization will be 
published in the Federal Register within 30 days of issuance.
    (e) Letters of Authorization shall be withdrawn or suspended, either 
on an individual or class basis, as appropriate, if, after notice and 
opportunity for public comment, the Assistant Administrator determines 
that:
    (1) The regulations prescribed are not being substantially complied 
with; or
    (2) The taking allowed is having, or may have, more than a 
negligible impact on the species or stock or, where relevant, an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses.
    (f) The requirement for notice and opportunity for public review in 
Sec.  216.106(e) shall not apply if the Assistant Administrator 
determines that an emergency exists that poses a significant risk to the 
wellbeing of the species or stocks of marine mammals concerned.
    (g) A violation of any of the terms and conditions of a Letter of 
Authorization or of the specific regulations shall subject the Holder 
and/or any individual who is operating under the authority of the 
Holder's Letter of Authorization to penalties provided in the MMPA.



Sec.  216.107  Incidental harassment authorization for Arctic waters.

    (a) Except for activities that have the potential to result in 
serious injury or mortality, which must be authorized under Sec.  
216.105, incidental harassment authorizations may be issued, following a 
30-day public review period, to allowed activities that may result in 
only the incidental harassment of a small number of marine mammals. Each 
such incidental harassment authorization shall set forth:
    (1) Permissible methods of taking by harassment;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses; and
    (3) Requirements for monitoring and reporting, including 
requirements for the independent peer-review of proposed monitoring 
plans where the proposed activity may affect the availability of a 
species or stock for taking for subsistence uses.
    (b) Issuance of an incidental harassment authorization will be based 
on a determination that the number of marine mammals taken by harassment

[[Page 86]]

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 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

[[Page 87]]

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 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.

Subparts J-X [Reserved]



Sec. Figure 1 to Part 216--Northern Fur Seal Breeding Areas (Rookeries) 
            and Hauling Grounds on St. George Island, Alaska

[[Page 88]]

[GRAPHIC] [TIFF OMITTED] TR04NO14.000


[79 FR 65338, Nov. 4, 2014]

[[Page 89]]



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



  Subpart A_Taking Marine Mammals Incidental to Russian River Estuary 
                          Management Activities

Sec.
217.1 Specified activity and specified geographical region.
217.2 Effective dates.
217.3 Permissible methods of taking.
217.4 Prohibitions.
217.5 Mitigation requirements.
217.6 Requirements for monitoring and reporting.
217.7 Letters of Authorization.
217.8 Renewals and modifications of Letters of Authorization.
217.9-217.10 [Reserved]

Subpart B[Reserved]

Subpart C_Taking Marine Mammals Incidental to Research and Monitoring in 
                     Southern Alaska National Parks

217.20 Specified activity and specified geographical region.
217.21 Effective dates.
217.22 Permissible methods of taking.
217.23 Prohibitions.
217.24 Mitigation requirements.
217.25 Requirements for monitoring and reporting.
217.26 Letters of Authorization.
217.27 Renewals and modifications of Letters of Authorization.
217.28-217.29 [Reserved]

Subpart D_Taking Marine Mammals Incidental to Construction and Operation 
              of the Liberty Drilling and Production Island

217.30 Specified activity and specified geographical region.
217.31 Effective dates.
217.32 Permissible methods of taking.
217.33 Prohibitions.
217.34 Mitigation requirements.
217.35 Requirements for monitoring and reporting.
217.36 Letters of Authorization.
217.37 Renewals and modifications of Letters of Authorization.
217.38-217.39 [Reserved]

     Subpart E_Taking and Importing Marine Mammals; Alaska Gasline 
  Development Corporation Liquefied Natural Gas Facilities Construction

217.40 Specified activity and specified geographical region.
217.41 Effective dates.
217.42 Permissible methods of taking.
217.43 Prohibitions.
217.44 Mitigation requirements.
217.45 Requirements for monitoring and reporting.
217.46 Letters of Authorization.
217.47 Renewals and modifications of Letters of Authorization.
217.48-217.49 [Reserved]

Subpart F_Taking Marine Mammals Incidental to Lighthouse Repair and Tour 
              Operations at Northwest Seal Rock, California

217.50 Specified activity and specified geographical region.
217.51 Effective dates.
217.52 Permissible methods of taking.
217.53 Prohibitions.
217.54 Mitigation requirements.
217.55 Requirements for monitoring and reporting.
217.56 Letters of Authorization.
217.57 Renewals and modifications of Letters of Authorization.
217.58 [Reserved]
217.59 [Reserved]

  Subpart G_Taking and Importing Marine Mammals; Taking Marine Mammals 
 Incidental to U.S. Air Force Launches and Operations at Vandenberg Air 
                         Force Base, California

217.60 Specified activity and specified geographical region.
217.61 Effective dates.
217.62 Permissible methods of taking.
217.63 Prohibitions.
217.64 Mitigation requirements.
217.65 Requirements for monitoring and reporting.
217.66 Letters of Authorization.
217.67 Renewals and modifications of Letters of Authorization.
217.68-217.69 [Reserved]

Subpart H [Reserved]

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

217.80 Specified activity and specified geographical region.

[[Page 90]]

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.

  Subpart J_Taking and Importing Marine Mammals; U.S. Navy's Submarine 
                    Base New London Pier Construction

217.90 Specified activity and specified geographical region.
217.91 Effective dates.
217.92 Permissible methods of taking.
217.93 Prohibitions.
217.94 Mitigation requirements.
217.95 Requirements for monitoring and reporting.
217.96 Letters of Authorization.
217.97 Renewals and modifications of Letters of Authorization.
217.98-217.99 [Reserved]

     Subpart K_Taking Marine Mammals Incidental to Rocky Intertidal 
        Monitoring Surveys Along the Oregon and California Coasts

217.100 Specified activity and specified geographical region.
217.101 Effective dates.
217.102 Permissible methods of taking.
217.103 Prohibitions.
217.104 Mitigation requirements.
217.105 Requirements for monitoring and reporting.
217.106 Letters of Authorization.
217.107 Renewals and modifications of Letters of Authorization.
217.108--217.109 [Reserved]

    Subpart L_Taking and Importing Marine Mammals Incidental to Navy 
Construction of the Pier 3 Replacement Project at Naval Station Norfolk 
                          at Norfolk, Virginia

217.110 Specified activity and geographical region.
217.111 Effective dates.
217.112 Permissible methods of taking.
217.113 Prohibitions.
217.114 Mitigation requirements.
217.115 Requirements for monitoring and reporting.
217.116 Letters of Authorization.
217.117 Renewals and modifications of Letters of Authorization.
217.118 [Reserved]
217.119 [Reserved]

     Subpart M_Taking Marine Mammals Incidental to Seabird Research 
                    Activities in Central California

217.120 Specified activity and specified geographical region.
217.121 Effective dates.
217.122 Permissible methods of taking.
217.123 Prohibitions.
217.124 Mitigation requirements.
217.125 Requirements for monitoring and reporting.
217.126 Letters of Authorization.
217.127 Renewals and modifications of Letters of Authorization.
217.128-217.129 [Reserved]

 Subpart N_Taking and Importing Marine Mammals Incidental to U.S. Navy 
       Construction at Portsmouth Naval Shipyard, Kittery, Maine.

217.130 Specified activity and geographical region.
217.131 Effective dates.
217.132 Permissible methods of taking.
217.133 Prohibitions.
217.134 Mitigation requirements.
217.135 Requirements for monitoring and reporting.
217.136 Letters of Authorization.
217.137 Renewals and modifications of Letters of Authorization.
217.138 [Reserved]
217.139 [Reserved]

 Subpart P_Taking Marine Mammals Incidental to Ice Roads and Ice Trails 
          Construction and Maintenance on Alaska's North Slope

217.150 Specified activity and specified geographical region.
217.151 Effective dates.
217.152 Permissible methods of taking.
217.153 Prohibitions.
217.154 Mitigation requirements.
217.155 Requirements for monitoring and reporting.
217.156 Letters of Authorization.
217.157 Renewals and modifications of Letters of Authorization.
217.158-217.159 [Reserved]

  Subpart Q_Taking and Importing Marine Mammals; Taking Marine Mammals 
       Incidental to Oil and Gas Activities in Cook Inlet, Alaska.

217.160 Specified activity and specified geographical region.
217.161 Effective dates.
217.162 Permissible methods of taking.
217.163 Prohibitions.

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217.164 Mitigation requirements.
217.165 Requirements for monitoring and reporting.
217.166 Letters of Authorization.
217.167 Renewals and modifications of Letters of Authorization and 
          adaptive management.
217.168-217.169 [Reserved]

 Subpart R_Taking and Importing Marine Mammals Incidental to U.S. Navy 
Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode 
                                 Island

217.170 Specified activity and geographical region.
217.171 Effective dates.
217.172 Permissible methods of taking.
217.173 Prohibitions.
217.174 Mitigation requirements.
217.175 Requirements for monitoring and reporting.
217.176 Letters of Authorization.
217.177 Renewals and modifications of Letters of Authorization.
217.178-217.179 [Reserved]

    Subpart S_Taking Marine Mammals Incidental to Geophysical Survey 
                    Activities in the Gulf of Mexico

217.180 Specified activity and specified geographical region.
217.181 Effective dates.
217.182 Permissible methods of taking.
217.183 Prohibitions.
217.184 Mitigation requirements.
217.185 Requirements for monitoring and reporting.
217.186 Letters of Authorization.
217.187 Renewals and modifications of Letters of Authorization.
217.188-217.189 [Reserved]

Subpart 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.

  Subpart W_Taking and Importing Marine Mammals Incidental to Hampton 
       Roads Connector Partners Construction at Norfolk, Virginia

217.210 Specified activity and geographical region.
217.211 Effective dates.
217.212 Permissible methods of taking.
217.213 Prohibitions.
217.214 Mitigation requirements.
217.215 Requirements for monitoring and reporting.
217.216 Letters of Authorization.
217.217 Renewals and modifications of Letters of Authorization.
217.218-217.219 [Reserved]

Subpart X [Reserved]

Subpart Z [Reserved]

Subpart AA	Taking Marine Mammals Incidental to Construction of the Ocean 
                  Wind 1 Project Offshore of New Jersey

217.260 Specified activity and specified geographical region.
217.261 Effective dates.
217.262 Permissible methods of taking.
217.263 Prohibitions.
217.264 Mitigation requirements.
217.265 Monitoring and reporting requirements.
217.266 Letter of Authorization.
217.267 Modifications of Letter of Authorization.
217.268-217.269 [Reserved]

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

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



  Subpart A_Taking Marine Mammals Incidental to Russian River Estuary 
                          Management Activities

    Source: 87 FR 23120, Apr. 19, 2022, unless otherwise noted.

    Effective Date Note: At 87 FR 23120, Apr.19, 2022, subpart A was 
revised, effective Apr. 21, 2022, through Apr. 20, 2027.



Sec.  217.1  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the Sonoma County 
Water Agency (SCWA) and those persons it

[[Page 92]]

authorizes or funds 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 occurs incidental to estuary management 
activities.
    (b) The taking of marine mammals by SCWA may be authorized in a 
Letter of Authorization (LOA) only if it occurs at Goat Rock State Beach 
or in the Russian River estuary in California.



Sec.  217.2  Effective dates.

    Regulations in this subpart are effective from April 21, 2022, 
through April 20, 2027.



Sec.  217.3  Permissible methods of taking.

    (a) Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter 
and 217.7, the Holder of the LOA (hereinafter ``SCWA'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.1(b) of this chapter by Level B harassment 
associated with estuary management activities, provided the activity is 
in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.
    (b) [Reserved]



Sec.  217.4  Prohibitions.

    Except for the takings contemplated in Sec.  217.3 and authorized by 
an LOA issued under Sec. Sec.  216.106 of this chapter and 217.7, it is 
unlawful for any person to do any of the following in connection with 
the activities described in Sec.  217.1 of this chapter:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 217.7;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  217.5  Mitigation requirements.

    When conducting the activities identified in Sec.  217.1(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 217.7 must be implemented. These mitigation measures 
shall include but are not limited to:
    (a) General conditions:
    (1) A copy of any issued LOA must be in the possession of SCWA, its 
designees, and work crew personnel operating under the authority of the 
issued LOA.
    (2) If SCWA observes a pup that may be abandoned, it shall contact 
the National Marine Fisheries Service (NMFS) West Coast Regional 
Stranding Coordinator immediately and also report the incident to NMFS 
Office of Protected Resources within 48 hours. Observers shall not 
approach or move the pup.
    (b) SCWA crews shall cautiously approach the haul-out ahead of heavy 
equipment.
    (c) SCWA staff shall avoid walking or driving equipment through the 
seal haul-out.
    (d) Crews on foot shall make an effort to be seen by seals from a 
distance.
    (e) All work shall be completed as efficiently as possible and with 
the smallest amount of heavy equipment possible.
    (f) Boats operating near river haul-outs during monitoring shall be 
kept within posted speed limits and driven as far from the haul-outs as 
safely possible.
    (g) SCWA shall implement the following mitigation measures during 
pupping season (March 15-June 30):
    (1) SCWA shall maintain a one week no-work period between water 
level management events (unless flooding is an immediate threat) to 
allow for an adequate disturbance recovery period. During the no-work 
period, equipment must be removed from the beach;
    (2) A water level management event may not occur for more than two 
consecutive days unless flooding threats cannot be controlled.

[[Page 93]]

    (3) If a pup less than one week old is on the beach where heavy 
machinery will be used or on the path used to access the work location, 
the management action shall be delayed until the pup has left the site 
or the latest day possible to prevent flooding while still maintaining 
suitable fish rearing habitat. In the event that a pup remains present 
on the beach in the presence of flood risk, SCWA shall consult with NMFS 
and the California Department of Fish and Wildlife to determine the 
appropriate course of action. SCWA shall determine if pups less than one 
week old are on the beach prior to a breaching event.
    (4) Physical and biological monitoring shall not be conducted if a 
pup less than one week old is present at the monitoring site or on a 
path to the site.



Sec.  217.6  Requirements for monitoring and reporting.

    (a) Monitoring and reporting shall be conducted in accordance with 
the approved Pinniped Monitoring Plan.
    (b) Reporting:
    (1) Annual reporting:
    (i) SCWA shall submit an annual summary report to NMFS not later 
than ninety days following the end of a given calendar year. SCWA shall 
provide a final report within thirty days following resolution of 
comments on the draft report.
    (ii) These reports shall contain, at minimum, the following:
    (A) The number of seals taken, by species and age class (if 
possible);
    (B) Behavior prior to and during water level management events;
    (C) Start and end time of activity;
    (D) Estimated distances between source and seals when disturbance 
occurs;
    (E) Weather conditions (e.g., temperature, wind, etc.);
    (F) Haul-out reoccupation time of any seals based on post-activity 
monitoring;
    (G) Tide levels and estuary water surface elevation; and
    (H) Seal census from haul-out monitoring.
    (2) [Reserved]
    (c) Reporting of injured or dead marine mammals:
    (1) In the unanticipated event that the activity defined in Sec.  
217.1(a) clearly causes the take of a marine mammal in a prohibited 
manner, SCWA shall immediately cease such activity and report the 
incident to the Office of Protected Resources (OPR), NMFS and the West 
Coast Regional Stranding Coordinator, NMFS. Activities shall not resume 
until NMFS is able to review the circumstances of the prohibited take. 
NMFS will work with SCWA to determine what measures are necessary to 
minimize the likelihood of further prohibited take and ensure MMPA 
compliance. SCWA may not resume their activities until notified by NMFS. 
The report must include the following information:
    (i) Time and date of the incident;
    (ii) Description of the incident;
    (iii) Environmental conditions;
    (iv) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (v) Species identification or description of the animal(s) involved;
    (vi) Fate of the animal(s); and
    (vii) Photographs or video footage of the animal(s).
    (2) In the event that SCWA discovers an injured or dead marine 
mammal and 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), SCWA shall immediately report the incident to OPR and 
the West Coast Regional Stranding Coordinator, NMFS. The report must 
include the information identified in paragraph (c)(1) of this section. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with SCWA to determine whether additional 
mitigation measures or modifications to the activities are appropriate.
    (3) In the event that SCWA discovers an injured or dead marine 
mammal and determines that the injury or death is not associated with or 
related to the activities defined in Sec.  217.1(a) (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, 
scavenger damage), SCWA shall report the incident to OPR and the West 
Coast Regional Stranding Coordinator,

[[Page 94]]

NMFS, within 24 hours of the discovery. SCWA shall provide photographs 
or video footage or other documentation of the stranded animal sighting 
to NMFS.
    (4) Pursuant to paragraphs (c)(2-3) of this section, SCWA may use 
discretion in determining what injuries (i.e., nature and severity) are 
appropriate for reporting. At minimum, SCWA must report those injuries 
considered to be serious (i.e., will likely result in death) or that are 
likely caused by human interaction (e.g., entanglement, gunshot). Also 
pursuant to sections paragraphs (c)(2-3) of this section, SCWA may use 
discretion in determining the appropriate vantage point for obtaining 
photographs of injured/dead marine mammals.



Sec.  217.7  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, SCWA must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, SCWA may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, SCWA must apply 
for and obtain a modification of the LOA as described in Sec.  217.8.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.8  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 217.7 
for the activity identified in Sec.  217.1(a) shall be renewed or 
modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section), and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For an LOA modification or renewal requests by the applicant 
that include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 217.7 
for the activity identified in Sec.  217.1(a) 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 SCWA 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 SCWA's monitoring from the previous year(s).

[[Page 95]]

    (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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 217.7, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.



Sec. Sec.  217.9-217.10  [Reserved]

Subpart B [Reserved]



Subpart C_Taking Marine Mammals Incidental to Research and Monitoring in 
                     Southern Alaska National Parks

    Source: 84 FR 8274, Mar. 7, 2019, unless otherwise noted.

    Effective Date Note: At 84 FR 8274, Mar. 7, 2019, subpart C was 
added, effective Mar. 7, 2019, through Feb. 29, 2024.



Sec.  217.20  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the National Park 
Service (NPS) and those persons it authorizes or funds 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 occurs 
incidental to the NPS's research and monitoring activities listed in the 
Letters of Authorization (LOA).
    (b) The taking of marine mammals by NPS may be authorized in an LOA 
only if it occurs at Glacier Bay National Park (GLBA NP) or in the NPS's 
Southwest Alaska Inventory and Monitoring Network (SWAN) sites.



Sec.  217.21  Effective dates.

    Regulations in this subpart are effective from March 7, 2019 through 
February 29, 2024.



Sec.  217.22  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.26, the Holder of the LOA (hereinafter ``NPS'') may incidentally, 
but not intentionally, take marine mammals within the area described in 
Sec.  217.20(b) by Level B harassment associated with research and 
monitoring activities, provided the activity is in compliance with all 
terms, conditions, and requirements of the regulations in this subpart 
and the appropriate LOA.



Sec.  217.23  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.20 and authorized 
by an LOA issued under Sec. Sec.  216.106 of this chapter and 217.26, no 
person in connection with the activities described in Sec.  217.20 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 217.26;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  217.24  Mitigation requirements.

    When conducting the activities identified in Sec.  217.20(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 217.24 must be implemented. These mitigation 
measures shall include but are not limited to:

[[Page 96]]

    (a) General conditions. (1) A copy of any issued LOA must be in the 
possession of NPS, its designees, and additional survey crew personnel 
operating under the authority of the issued LOA;
    (2) Before all surveys, the lead NPS biologist must instruct 
additional survey crew on appropriate conduct when in the vicinity of 
hauled-out marine mammals. This training must brief survey personnel on 
marine mammals (inclusive of identification as needed, e.g., neonates); 
and
    (3) NPS must avoid interaction with any marine mammal species for 
which take is not authorized (or any species for which authorized take 
numbers have been met). For humpback, killer, and beluga whales, NPS 
must avoid operation of a motor vessel within \1/4\ nautical mile of 
these cetaceans. If accidentally positioned within \1/4\ nautical mile 
of these cetaceans, NPS must slow the vessel speed to 10 knots or less 
and maintain course away from the marine mammal until at least \1/4\ 
nautical mile of separation exists;
    (b) Glacier Bay gull and climate monitoring. (1) On an annual basis, 
NPS may conduct a maximum of five days of gull monitoring for each 
survey location listed in the LOA;
    (2) On an annual basis, the NPS may conduct a maximum of three days 
of activities related to climate monitoring on Lone Island;
    (3) NPS is required to conduct pre-survey monitoring before deciding 
to access a study site;
    (4) Prior to deciding to land onshore, NPS must use high-powered 
image stabilizing binoculars before approaching at distances of greater 
than 500 m (1,640 ft) to determine and document the number, species, and 
location of hauled-out marine mammals;
    (5) During pre-survey monitoring, vessels must maintain a distance 
of 328 to 1,640 ft (100 to 500 m) from the shoreline;
    (6) If a harbor seal pup less than one week of age (neonate) is 
present within or near a study site or a path to a study site, NPS must 
not access the site nor conduct the study at that time. In addition, if 
during the activity, a pup less than one week of age is observed, all 
research activities must conclude for the day;
    (7) NPS must maintain a distance of at least 100 m from any Steller 
sea lion;
    (8) NPS must perform controlled and slow ingress to islands where 
harbor seals are present;
    (9) NPS must monitor for offshore predators at the study sites 
during pre-survey monitoring and must avoid research activities when 
killer whales (Orcinus orca) or other predators are observed within a 1 
mile radius; and
    (10) NPS must maintain a quiet working atmosphere, avoid loud 
noises, and must use hushed voices in the presence of hauled-out 
pinnipeds; and
    (c) SWAN marine bird surveys. (1) On an annual basis, NPS may 
conduct one summer survey at each location listed in the LOA;
    (2) On an annual basis, the NPS may conduct one winter survey at 
each location listed in the LOA;
    (3) NPS must maintain a minimum vessel distance of 100 meters from 
the shoreline at all times while surveying; and
    (4) If hauled out Steller sea lions or harbor seals are observed, 
NPS must maintain the vessel speed and minimum distance. If survey 
conditions allow, the survey must be attempted from a distance greater 
than 150 meters.



Sec.  217.25  Requirements for monitoring and reporting.

    NPS is required to conduct marine mammal monitoring during research 
and monitoring activities. NPS and/or its designees must record the 
following for the designated monitoring activity:
    (a) Glacier Bay gull and climate monitoring. (1) Species counts 
(with numbers of adults/juveniles); and numbers of disturbances, by 
species and age, according to a three-point scale of intensity;
    (2) Information on the weather, including the tidal state and 
horizontal visibility;
    (3) The observer will note the presence of any offshore predators 
(date, time, number, and species); and
    (4) The observer must note unusual behaviors, numbers, or 
distributions of pinnipeds, such that any potential follow-up research 
can be conducted by the appropriate personnel; marked or

[[Page 97]]

tag-bearing pinnipeds or carcasses, allowing transmittal of the 
information to appropriate agencies; and any rare or unusual species of 
marine mammal for agency follow-up. The observer must report that 
information to NMFS's Alaska Fisheries Science Center and/or the Alaska 
Department of Fish and Game Marine Mammal Program.
    (b) SWAN marine bird surveying. (1) Species counts and numbers of 
type 3, flushing, disturbances;
    (2) Information on the weather, including the tidal state and 
horizontal visibility; and
    (3) The observer must note unusual behaviors, numbers, or 
distributions of pinnipeds, such that any potential follow-up research 
can be conducted by the appropriate personnel; marked or tag-bearing 
pinnipeds or carcasses, allowing transmittal of the information to 
appropriate agencies; and any rare or unusual species of marine mammal 
for agency follow-up. The observer must report that information to 
NMFS's Alaska Fisheries Science Center and/or the Alaska Department of 
Fish and Game Marine Mammal Program.
    (c) Annual reporting. NPS must submit separate annual draft reports 
for GLBA NP and SWAN on all monitoring conducted within ninety calendar 
days of the completion of annual research and monitoring activities. 
Final reports for both GLBA NP and SWAN must be prepared and submitted 
within thirty days following resolution of comments on each draft report 
from NMFS. This report must contain:
    (1) A summary and table of the dates, times, and weather during all 
research activities;
    (2) Species, number, location, and behavior of any marine mammals 
observed throughout all monitoring activities;
    (3) An estimate of the number (by species) of marine mammals exposed 
to acoustic or visual stimuli associated with the research activities; 
and
    (4) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the Authorization and full 
documentation of methods, results, and interpretation pertaining to all 
monitoring.
    (d) Comprehensive reporting. NPS must submit a comprehensive 5-year 
report covering all activities conducted under the incidental take 
regulations at least 90 days prior to expiration of these regulations if 
new regulations are sought or 90 days after expiration of regulations.
    (e) Reporting of injured or dead marine mammals. (1) In the 
unanticipated event that the activity defined in Sec.  219.20(a) clearly 
causes the take of a marine mammal in a prohibited manner such as an 
injury (Level A harassment), serious injury, or mortality, NPS must 
immediately cease the specified activities and report the incident to 
the Office of Protected Resources, NMFS, and the Alaska Regional 
Stranding Coordinator, NMFS. The report must include the following 
information:
    (i) Time and date of the incident;
    (ii) Description of the incident;
    (iii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (iv) Description of all marine mammal observations and active sound 
source use in the 24 hours preceding the incident;
    (v) Species identification or description of the animal(s) involved;
    (vi) Fate of the animal(s); and
    (vii) Photographs or video footage of the animal(s);
    (2) Activities must not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with NPS to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. NPS must not resume 
their activities until notified by NMFS;
    (3) In the event that NPS discovers an injured or dead marine 
mammal, and the lead observer 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), NPS must immediately report the 
incident to the Office of Protected Resources, NMFS, and the Alaska 
Stranding Coordinator, NMFS. The report must include the same 
information identified in paragraph (e)(1) of this section. Activities 
may continue while NMFS reviews the circumstances of the incident. NMFS

[[Page 98]]

will work with NPS to determine whether additional mitigation measures 
or modifications to the activities are appropriate;
    (4) In the event that NPS discovers an injured or dead marine mammal 
and determines that the injury or death is not associated with or 
related to the activities defined in Sec.  217.20(a) (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, 
scavenger damage), NPS must report the incident to OPR and the Alaska 
Stranding Coordinator, NMFS, within 24 hours of the discovery. NPS must 
provide photographs or video footage or other documentation of the 
stranded animal sighting to NMFS. NPS can continue their research 
activities; and
    (5) Pursuant to paragraphs (e)(2) through (4) of this section, NPS 
may use discretion in determining what injuries (i.e., nature and 
severity) are appropriate for reporting. At minimum, NPS must report 
those injuries considered to be serious (i.e., will likely result in 
death) or that are likely caused by human interaction (e.g., 
entanglement, gunshot). Also pursuant to paragraphs (e)(3) and (4) of 
this section, NPS may use discretion in determining the appropriate 
vantage point for obtaining photographs of injured/dead marine mammals.



Sec.  217.26  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, NPS must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, NPS may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, NPS must apply 
for and obtain a modification of the LOA as described in Sec.  217.27.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.27  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.26 for the activity identified in Sec.  217.20(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For an LOA modification or renewal requests by the applicant 
that include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.26 for the activity identified in Sec.  217.20(a) may be modified by 
NMFS under the following circumstances:

[[Page 99]]

    (1) Adaptive management. NMFS may modify (including augment) the 
existing mitigation, monitoring, or reporting measures (after consulting 
with NPS 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 NPS's monitoring from the previous year(s).
    (B) Results from other marine mammal 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 
shall 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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 217.26, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.



Sec. Sec.  217.28-217.29  [Reserved]



Subpart D_Taking Marine Mammals Incidental to Construction and Operation 
              of the Liberty Drilling and Production Island

    Source: 84 FR 70322, Dec. 20, 2019, unless otherwise noted.

    Effective Date Note: At 84 FR 70322, Dec. 20, 2019, subpart D was 
added, effective Dec. 1, 2021, through Nov. 30 2026.



Sec.  217.30  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to Hilcorp LLC (Hilcorp) 
and those persons it authorizes or funds to conduct activities on its 
behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
construction, maintenance, and operation of the Liberty Drilling and 
Production Island (LDPI) and associated infrastructure.
    (b) The taking of marine mammals by Hilcorp may be authorized in a 
Letter of Authorization (LOA) only if it occurs within the Beaufort Sea, 
Alaska.



Sec.  217.31  Effective dates.

    Regulations in this subpart are effective from December 1, 2021, 
through November 30, 2026.



Sec.  217.32  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.36, the Holder of the LOA (hereinafter ``Hilcorp'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.30(b) by mortality, serious injury, Level A 
harassment, or Level B harassment associated with the LDPI construction 
and operation activities, including associated infrastructure, provided 
the activities are in compliance with all terms, conditions, and 
requirements of the regulations in this subpart and the appropriate LOA.



Sec.  217.33  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.32 and authorized 
by an LOA issued under Sec. Sec.  216.106 of this chapter and 217.36, no 
person in connection with the activities described in Sec.  217.30 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 217.36;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if the National 
Marine Fisheries Service (NMFS) determines

[[Page 100]]

such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  217.34  Mitigation requirements.

    When conducting the activities identified in Sec.  217.30(a), the 
mitigation measures contained in any LOA issued under Sec.  216.106 of 
this chapter must be implemented. These mitigation measures shall 
include but are not limited to:
    (a) General conditions. (1) Hilcorp must renew, on an annual basis, 
the Plan of Cooperation (POC), throughout the life of the regulations in 
this subpart;
    (2) A copy of any issued LOA must be in the possession of Hilcorp, 
its designees, and work crew personnel operating under the authority of 
the issued LOA;
    (3) Hilcorp must conduct briefings for construction and ice road 
supervisors and crews, and the marine mammal and acoustic monitoring 
teams prior to the start of annual ice road or LDPI construction, and 
when new personnel join the work, in order to explain responsibilities, 
communication procedures, the marine mammal monitoring protocol, and 
operational procedures;
    (4) Hilcorp must allow subsistence hunters to use the LDPI for safe 
harbor during severe storms, if requested by hunters;
    (5) In the unanticipated event of an oil spill during LDPI 
operational years, Hilcorp must notify NMFS of the spill within 48 
hours, regardless of size, and implement measures contained within the 
Liberty Oil Spill Response Plan; and
    (6) Hilcorp must strive to complete pile driving and pipeline 
installation during the ice-covered season.
    (7) Except during takeoff and landing and in emergency situations, 
aircraft must maintain an altitude of at least 457 m (1,500 ft). If a 
marine mammal is observed, then a horizontal distance of 305 m (100 ft) 
of whales or seals will be maintained between the aircraft and the 
observed marine mammals.
    (b) Ice road construction, maintenance, and operation. (1) Hilcorp 
must implement the NMFS-approved Ice Road and Ice Trail Best Management 
Practices (BMPs) and the Wildlife Action Plan. These documents may be 
updated as needed throughout the life of the regulations in this 
subpart, in consultation with NMFS.
    (2) Hilcorp must not approach ringed seal structures (i.e., lairs or 
breathing holes) within 150 m or ringed seals within 50 m.
    (c) Liberty Drilling Production Island construction. (1) For all 
pile driving and construction activities involving heavy equipment, 
Hilcorp must implement a minimum shutdown zone of 10 meters (m) from any 
marine mammal in water or seals on land. If a marine mammal comes within 
or is about to enter the shutdown zone, such operations must cease 
immediately;
    (2) For all pile driving activity, Hilcorp shall implement shutdown 
zones with radial distances as identified in any LOA issued under 
Sec. Sec.  216.106 of this chapter and 217.36. If a marine mammal comes 
within or is about to enter the shutdown zone, such operations must 
cease immediately. NMFS may adjust the shutdown zones pending review and 
approval of an acoustic monitoring report (see Sec.  217.35);
    (3) Hilcorp must employ NMFS-approved protected species observers 
(PSOs) and designate monitoring zones with radial distances as 
identified in any LOA issued under Sec. Sec.  216.106 of this chapter 
and 217.36. NMFS may adjust the monitoring zones pending review and 
approval of an acoustic monitoring report (see Sec.  217.35);
    (4) If a bowhead whale or other low frequency cetacean enters the 
Level A harassment zone, pile or pipe driving must be shut down 
immediately. If a beluga whale or pinniped enters the Level A harassment 
zone while pile driving is ongoing, work may continue until the pile is 
completed (estimated to require approximately 15-20 minutes), but 
additional pile driving must not be initiated until the animal has left 
the Level A harassment zone. During this time, PSOs must monitor the 
animal and record behavior;

[[Page 101]]

    (5) If a marine mammal is approaching a Level A harassment zone and 
pile driving has not commenced, pile driving must be delayed. Pile 
driving may not commence or resume until either the animal has 
voluntarily left and been visually confirmed beyond the shutdown zone; 
15 minutes have passed without subsequent detections of small cetaceans 
and pinnipeds; or 30 minutes have passed without subsequent detections 
of large cetaceans;
    (6) If a species for which authorization has not been granted, or a 
species for which authorization has been granted but the authorized 
takes are met, is observed approaching or within the monitoring zone 
(which equates to the Level B harassment zone), pile driving and removal 
activities must shut down immediately using delay and shut-down 
procedures. Activities must not resume until the animal has been 
confirmed to have left the area or the observation time period, as 
indicated in paragraph (c)(5) of this section, has elapsed;
    (7) Hilcorp must use soft start techniques when impact pile driving. 
Soft start requires contractors to provide an initial set of strikes at 
reduced energy, followed by a thirty-second waiting period, then two 
subsequent reduced energy strike sets. A soft start must be implemented 
at the start of each day's impact pile driving and at any time following 
cessation of impact pile driving for a period of thirty minutes or 
longer;
    (8) All pipe- and pile-driving activities (impact and vibratory) and 
LDPI support vessel traffic outside the barrier islands must cease by 
August 1, annually, and not resume until the official end of the hunt or 
until the quota has been met, whichever occurs first. Hilcorp must 
coordinate annually with subsistence users on the dates of these hunts; 
and
    (9) Should an ice seal be observed on or near the LDPI by any 
Hilcorp personnel, during construction or operation, the sighting must 
be reported to Hilcorp's Environmental Specialist. No construction 
activity should occur within 10 m of an ice seal and any vehicles used 
should use precaution and not approach any ice seal within 10 m.
    (d) Vessel restrictions. When operating vessels, Hilcorp must:
    (1) Reduce vessel speed to 5 knots (kn) if a whale is observed 
within 500 m (1641 feet (ft)) of the vessel and is on a potential 
collision course with the vessel, or if a vessel is within 275 m (902 
ft) of whales, regardless of course relative to the vessel;
    (2) Avoid multiple changes in vessel direction;
    (3) Not approach within 800 m (2,624 ft) of a North Pacific right 
whale or within 5.6 km (3 nautical miles) of Steller sea lion rookeries 
or major haulouts; and
    (4) Avoid North Pacific right whale critical habitat or, if critical 
habitat cannot be avoided, reduce vessel speed during transit.



Sec.  217.35  Requirements for monitoring and reporting.

    (a) All marine mammal and acoustic monitoring must be conducted in 
accordance to Hilcorp's Marine Mammal Mitigation and Monitoring Plan 
(4MP) and Acoustic Monitoring Plan, which includes acoustic monitoring 
during both the open-water and ice-covered seasons. These plans may be 
modified throughout the life of the regulations in this subpart upon 
NMFS review and approval.
    (b) Monitoring must be conducted by NMFS-approved PSOs, who must 
have no other assigned tasks during monitoring periods and be equipped 
with, at minimum, binoculars and rangefinders. At minimum, two PSOs must 
be placed on elevated platforms on the island during the open-water 
season when island construction activities are occurring. These 
observers will monitor for marine mammals and implement shutdown or 
delay procedures when applicable through communication with the 
equipment operator.
    (c) One PSO will be placed on the side where construction activities 
are taking place and the other placed on the opposite side of the LDPI; 
both observers will be on elevated platforms.
    (d) PSOs will rotate duties such that they will observe for no more 
than 4 hours at a time and no more than 12 hours in a 24-hour period.
    (e) An additional island-based PSO will work with an aviation 
specialist to

[[Page 102]]

use an unmanned aircraft system (UAS) to detect marine mammals in the 
monitoring zones during pile and pipe driving and slope shaping. Should 
UAS monitoring not be feasible or be deemed ineffective, a boat-based 
PSO must monitor for marine mammals during pile and pipe driving.
    (f) During the open-water season, marine mammal monitoring must take 
place from 30 minutes prior to initiation of pile and pipe driving 
activity through 30 minutes post-completion of pile driving activity. 
Pile driving may commence when observers have declared the shutdown zone 
clear of marine mammals. In the event of a delay or shutdown of activity 
resulting from marine mammals in the shutdown zone, animals must be 
allowed to remain in the shutdown zone (i.e., must leave of their own 
volition) and their behavior must be monitored and documented.
    (g) After island construction is complete but drilling activities 
are occurring, a PSO will be stationed on the LDPI for approximately 4 
weeks during the month of August to monitor for the presence of marine 
mammals around the island in the monitoring zone.
    (1) Marine mammal monitoring during pile driving and removal must be 
conducted by NMFS-approved PSOs in a manner consistent with the 
following:
    (i) At least one observer must have prior experience working as an 
observer;
    (ii) Other observers may substitute education (degree in biological 
science or a related field) or training for experience;
    (iii) Where a team of three or more observers are required, one 
observer must be designated as lead observer or monitoring coordinator. 
The lead observer must have prior experience working as an observer; and
    (iv) Hilcorp must submit PSO curricula vitae (CVs) for approval by 
NMFS prior to the onset of pile driving.
    (2) PSOs must have the following additional qualifications:
    (i) Ability to conduct field observations and collect data according 
to assigned protocols;
    (ii) Experience or training in the field identification of marine 
mammals, including the identification of behaviors;
    (iii) Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    (iv) Writing skills sufficient to prepare a report of observations 
including, but not limited to, the number and species of marine mammals 
observed; dates and times when in-water construction activities were 
conducted; dates, times, and reason for implementation of mitigation (or 
why mitigation was not implemented when required); and marine mammal 
behavior; and
    (v) Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.
    (h) Hilcorp must deploy autonomous sound recorders on the seabed to 
conduct underwater passive acoustic monitoring in the open-water season 
the first four years of the project such that island construction 
activities, including pile driving, and drilling operations are 
recorded. Acoustic monitoring will be conducted for the purposes of 
sound source verification to verify distances from noise sources at 
which underwater sound levels reach thresholds for potential marine 
mammal harassment.
    (i) Hilcorp must submit incident and monitoring reports.
    (1) Hilcorp must submit a draft annual marine mammal and acoustic 
summary report to NMFS not later than 90 days following the end of each 
calendar year. Hilcorp must provide a final report within 30 days after 
receipt of NMFS' comments on the draft report. The reports must contain, 
at a minimum, the following:
    (i) Date and time that monitored activity begins or ends;
    (ii) Description of construction activities occurring during each 
observation period;
    (iii) Weather parameters (e.g., wind speed, percent cloud cover, 
visibility);
    (iv) Water conditions (e.g., sea state, tide state);

[[Page 103]]

    (v) Species, numbers, and, if possible, sex and age class of marine 
mammals observed;
    (vi) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from construction 
activity;
    (vii) Distance from construction activities to marine mammals and 
distance from the marine mammals to the observation point;
    (viii) An extrapolated total take estimate for each species based on 
the number of marine mammals observed and the extent of the harassment 
zones during the applicable construction activities;
    (ix) Histograms of the perpendicular distance at which marine 
mammals were sighted by the PSOs;
    (x) Description of implementation of mitigation measures (e.g., 
shutdown or delay);
    (xi) Locations of all marine mammal observations;
    (xii) An estimate of the effective strip width of the island-based 
PSOs and the UAS imagery; and
    (xiii) Sightings and locations of marine mammals associated with 
acoustic detections.
    (2) Annually, Hilcorp must submit a report within 90 days of ice 
road decommissioning. The report must include the following:
    (i) Date, time, location of observation;
    (ii) Ringed seal characteristics (i.e., adult or pup, behavior 
(avoidance, resting, etc.));
    (iii) Activities occurring during observation, including equipment 
being used and its purpose, and approximate distance to ringed seal(s);
    (iv) Actions taken to mitigate the effects of interaction, 
emphasizing: which BMPs were successful; which BMPs may need to be 
improved to reduce interactions with ringed seals; the effectiveness and 
practicality of implementing BMPs; any issues or concerns regarding 
implementation of BMPs; and potential effects of interactions based on 
observation data;
    (v) Proposed updates (if any) to the NMFS-approved Wildlife 
Management Plan(s) or the ice-road BMPs; and
    (vi) Reports should be able to be queried for information.
    (3) Hilcorp must submit a final 5-year comprehensive summary report 
to NMFS not later than 90 days following the expiration of this subpart 
and LOA.
    (4) Hilcorp must submit acoustic monitoring reports per the Acoustic 
Monitoring Plan.
    (5) Hilcorp must report on observed injured or dead marine mammals.
    (i) In the unanticipated event that the activity defined in Sec.  
217.30 clearly causes the take of a marine mammal in a prohibited 
manner, Hilcorp must immediately cease such activity and report the 
incident to the Office of Protected Resources (OPR), NMFS, and to the 
Alaska Regional Stranding Coordinator, NMFS. Activities must not resume 
until NMFS is able to review the circumstances of the prohibited take. 
NMFS will work with Hilcorp to determine what measures are necessary to 
minimize the likelihood of further prohibited take and ensure Marine 
Mammal Protection Act (MMPA) compliance. Hilcorp may not resume their 
activities until notified by NMFS. The report must include the following 
information:
    (A) Time, date, and location (latitude/longitude) of the incident;
    (B) Description of the incident;
    (C) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, 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). Photographs may 
be taken once the animal has been moved from the waterfront area.
    (H) In the event that Hilcorp discovers an injured or dead marine 
mammal and 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), Hilcorp must immediately report the incident to OPR 
and the Alaska Regional Stranding Coordinator, NMFS. The report must 
include the information identified in paragraph (i)(5)(i) of this 
section. Activities may

[[Page 104]]

continue while NMFS reviews the circumstances of the incident. NMFS will 
work with Hilcorp to determine whether additional mitigation measures or 
modifications to the activities are appropriate.
    (ii) In the event Hilcorp discovers an injured or dead marine mammal 
and determines that the injury or death is not associated with or 
related to the activities defined in Sec.  217.30 (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, 
scavenger damage), Hilcorp must report the incident to OPR and the 
Alaska Regional Stranding Coordinator, NMFS, within 24 hours of the 
discovery. Hilcorp must provide photographs or video footage or other 
documentation of the stranded animal sighting to NMFS. Photographs may 
be taken once the animal has been moved from the waterfront area.



Sec.  217.36  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to this subpart, 
Hilcorp must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of this subpart.
    (c) If an LOA expires prior to the expiration date of this subpart, 
Hilcorp may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, Hilcorp must 
apply for and obtain a modification of the LOA as described in Sec.  
217.37.
    (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 this subpart.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  217.37  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.36 for the activity identified in Sec.  217.30(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for this subpart (excluding changes made 
pursuant to the adaptive management provision in paragraph (c)(1) of 
this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under this subpart 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 in paragraph (c)(1) of this section) that do not change the 
findings made for this subpart 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.36 for the activity identified in Sec.  217.30(a) 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 Hilcorp 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 this subpart.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA:

[[Page 105]]

    (A) Results from Hilcorp'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 this subpart 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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 217.36, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.



Sec.  Sec.  217.38-217.39  [Reserved]



     Subpart E_Taking and Importing Marine Mammals; Alaska Gasline 
  Development Corporation Liquefied Natural Gas Facilities Construction

    Source: 85 FR 50751, Aug. 17, 2020, unless otherwise noted.

    Effective Date Note: At 85 FR 50751, Aug. 17, 2020, subpart E was 
added, effective Jan. 1, 2021, through Dec. 31, 2025.



Sec.  217.40  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the Alaska Gasline 
Development Corporation (AGDC) or successor entities and those persons 
it authorizes or funds 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 occurs incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by AGDC may be authorized in a 
Letter of Authorization (LOA) only if it occurs within AGDC's Alaska 
liquefied natural gas (LNG) facilities' construction areas, which are 
located between the Beluga Landing shoreline crossing on the north and 
the Kenai River south of Nikiski on the south in Cook Inlet, Alaska.
    (c) The taking of marine mammals during this project is only 
authorized if it occurs incidental to construction activities associated 
with the proposed LNG facilities or the Mainline crossing of Cook Inlet.



Sec.  217.41  Effective dates.

    Regulations in this subpart are effective January 1, 2021 through 
December 31, 2025.



Sec.  217.42  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.46, the Holder of the LOAs (hereinafter ``AGDC'') may incidentally, 
but not intentionally, take marine mammals within the area described in 
Sec.  217.40(b) by Level A harassment and Level B harassment associated 
with pile driving and pipe laying activities, provided the activity is 
in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the applicable LOAs.



Sec.  217.43  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.42 and authorized 
by LOAs issued under Sec. Sec.  216.106 of this chapter and 217.46, no 
person in connection with the activities described in Sec.  217.40 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.46;
    (b) Take any marine mammal not specified in such LOAs; and
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified.



Sec.  217.44  Mitigation requirements.

    When conducting the activities identified in Sec.  217.40(c), the 
mitigation measures contained in any LOAs issued under Sec. Sec.  
216.106 of this chapter and 217.46 must be implemented. These mitigation 
measures must include but are not limited to:

[[Page 106]]

    (a) Time and area restriction. AGDC must follow the following time 
and area restrictions.
    (1) In-water pile driving must occur only during daylight hours. 
Times for other construction activities, such as pipe laying, anchor 
handling, and dredging are not restricted.
    (2) Pile driving associated with the Mainline Material Offloading 
Facility (Mainline MOF) must not occur from June 1 to September 7 (pile 
driving can occur from September 8 to May 31).
    (3) Other than in-water sheet pile driving and pile removal, anchor 
handling, trenching, pipe laying, and vessel transits related to these 
activities, AGDC may not engage in in-water sound-producing activities 
within 10 miles (16 km) of the mean higher high water (MHHW) line of the 
Susitna Delta (Beluga River to the Little Susitna River) between April 
15 and October 15 which produce sound levels in excess of 120 dB rms re 
1[micro]Pa @ 1 m.
    (b) Establishment of monitoring and exclusion zones. (1) For all 
relevant in-water construction activity, AGDC must designate Level A 
harassment zones with radial distances as identified in any LOA issued 
under Sec. Sec.  216.106 of this chapter and 217.46.
    (2) For all relevant in-water construction activity, AGDC must 
designate Level B harassment zones with radial distances as identified 
in any LOA issued under Sec. Sec.  216.106 of this chapter and 217.46.
    (3) For all in-water pile driving work, AGDC must implement an 
exclusion zone for each specific activity as identified in any LOA 
issued under Sec. Sec.  216.106 of this chapter and 217.46. If a marine 
mammal comes within or enters the exclusion zone, AGDC must cease all 
operations.
    (i) For humpback whale and killer whale during in-water pile driving 
activity, the exclusion zones must be based on the Level A harassment 
distances, but must not be less than 10 m from the pile.
    (ii) For harbor porpoise and harbor seal during in-water pile 
driving activity, the exclusion zones must be based on the Level A 
harassment distances up to 1,000 m, but must not be less than 10 m from 
the pile.
    (iii) For Cook Inlet beluga whale during in-water pile driving 
activity, the exclusion zones must be based on the Level B harassment 
distances.
    (iv) A 2,900-m exclusion zone must be established for Cook Inlet 
beluga whale before pipe laying activity associated with anchor handling 
can occur.
    (v) A minimum of 10-m exclusion zone must be established for in-
water construction and heavy machinery not addressed elsewhere in this 
paragraph (b)(3).
    (c) Monitoring of exclusion zones. Pile driving must only take place 
when the exclusion zones are visible and can be adequately monitored. If 
visibility degrades to where the entire exclusion zone cannot be 
effectively monitored during pile driving, AGDC may continue to drive 
the pile section that was being driven to its target depth, but may not 
drive additional sections of pile.
    (d) Shutdown measures. (1) AGDC must deploy protected species 
observers (PSOs) to monitor marine mammals during in-water pile driving 
and pipe laying activities.
    (2) Monitoring must take place from 30 minutes prior to initiation 
of pile driving or pipe laying activities through 30 minutes post-
completion of pile driving or pipe laying activities.
    (i) For pile driving activity, pre-activity monitoring must be 
conducted for 30 minutes to confirm that the exclusion zone is clear of 
marine mammals, and pile driving may commence only if observers have 
declared the exclusion zone clear of marine mammals for that full 
duration of time. Monitoring must occur throughout the time required to 
drive a pile. A determination that the exclusion zone is clear must be 
made during a period of good visibility (i.e., the entire exclusion zone 
and surrounding waters must be visible to the naked eye).
    (ii) If marine mammals are found within the exclusion zone, pile 
driving of the segment must be delayed until they move out of the area. 
If a marine mammal is seen above water and then dives below, the 
contractor must wait 30 minutes for large cetaceans (humpback whale) and 
15 minutes for small cetaceans (beluga and killer whales and harbor 
porpoise) and pinnipeds. If

[[Page 107]]

no marine mammals of that species are seen by the observer in that time 
it can be assumed that the animal has moved beyond the exclusion zone.
    (iii) If pile driving of a segment ceases for 30 minutes or more and 
a marine mammal is sighted within the designated exclusion zone prior to 
commencement of pile driving, the observer(s) must notify the pile 
driving operator (or other authorized individual) immediately and 
continue to monitor the exclusion zone. Operations may not resume until 
the marine mammal has exited the exclusion zone or 30 minutes have 
elapsed for large cetaceans or 15 minutes have elapsed for small 
cetaceans and pinnipeds since the last sighting.
    (3) If a marine mammal authorized to be taken by Level B harassment 
enters or approaches the exclusion zone, if a marine mammal not 
specified in the LOAs enters the Level B harassment zone, or if the take 
of a marine mammal species or stock has reached the take limits 
specified in any LOA issued under Sec. Sec.  216.106 of this chapter and 
217.46 and enters the Level B harassment zone, AGDC must halt all 
construction activities at that location. If construction is halted or 
delayed due to the presence of a marine mammal, the activity may not 
commence or resume until either the animal has voluntarily left and been 
visually confirmed beyond the shutdown or Level B harassment zone, 
whichever applicable, or 30 minutes have passed without re-detection of 
the animal if it is a larger cetacean (humpback whale), or 15 minutes 
have passed without re-detection of the animal if it is a small cetacean 
(beluga and killer whales and porpoises) or pinniped.
    (e) Soft start. (1) AGDC must implement soft start techniques for 
impact pile driving. AGDC must conduct an initial set of three strikes 
from the impact hammer at 40 percent energy, followed by a 30-second 
waiting period, then two subsequent three strike sets with associated 
30-seconds waiting periods at the reduced energy.
    (2) Soft start must be required for any impact driving, including at 
the beginning of the day, and at any time following a cessation of 
impact pile driving of 30 minutes or longer.
    (f) Noise attenuation device. For pile-driving at the Mainline MOF 
near the Beluga River, and on the east side of Cook Inlet near Nikiski 
associated with the liquefaction facility, AGDC must deploy air bubble 
curtains around piles. If the sound source verification (SSV) 
measurements indicate that the best-performing bubble curtain 
configuration provides less than a 2 dB reduction in in-water sound 
beyond the bubble curtain, use of the bubble curtain may be 
discontinued.
    (g) Vessel transit. (1) Operators of vessels must, at all times, 
avoid approaching within 100 yards of marine mammals. Operators must 
observe direction of travel of marine mammals and attempt to maintain a 
distance of 100 yards or greater between the animal and the vessel by 
working to alter vessel course or velocity.
    (2) The vessel operator must avoid placing the vessel between 
members of a group of marine mammals in a way that may cause separation 
of individuals in the group from other individuals in that group. A 
group is defined as being three or more whales observed within 500-m of 
one-another and displaying behaviors of directed or coordinated activity 
(e.g., migration or group feeding).
    (3) If the vessel approaches within 1.6 km (1 mi) of one or more 
whales, the vessel operator must take reasonable precautions to avoid 
potential interaction with the whales by taking one or more of the 
following actions, as appropriate:
    (i) Steering to the rear of whale(s) to avoid causing changes in 
their direction of travel.
    (ii) Maintaining vessel speed of 10 knots (19 km/hr) or less when 
transiting to minimize the likelihood of lethal vessel strikes.
    (iii) Reducing vessel speed to less than 5 knots (9 km/hour) within 
274 m (300 yards) of the whale(s).
    (4) Project vessels must remain a minimum of 2.8 km (1.5 nm) seaward 
of the mean lower low water (MLLW) line between the Little Susitna River 
and -150.80 degrees west longitude to minimize the impacts of vessel 
sound and avoid strikes on Cook Inlet beluga whales between June 1 and 
September 7. The Susitna Delta Exclusion Zone is

[[Page 108]]

defined as the union of the areas defined by:
    (i) A 16-km (10-mile) buffer of the Beluga River thalweg seaward of 
the mean lower low water (MLLW) line;
    (ii) A 16-km (10-mile) buffer of the Little Susitna River thalweg 
seaward of the MLLW line; and
    (iii) A 16-km (10-mile) seaward buffer of the MLLW line between the 
Beluga River and Little Susitna River.
    (iv) The buffer extends landward along the thalweg to include 
intertidal waters within rivers and streams up to their mean higher high 
water line (MHHW). The seaward boundary has been simplified so that it 
is defined by lines connecting readily discernable landmarks.
    (5) For vessels operating in the Susitna Delta Exclusion Zone, the 
following must be implemented:
    (i) All project vessels operating within the designated Susitna 
Delta area must maintain a speed over ground below 4 knots. PSOs must 
note the numbers, date, time, coordinates, and proximity to vessels of 
all belugas observed during operations, and report these observations to 
NMFS in monthly PSO reports.
    (ii) Vessel crew must be trained to monitor for Endangered Species 
Act (ESA)-listed species prior to and during all vessel movements within 
the Susitna Delta Exclusion Zone. The vessel crew must report sightings 
to the PSO team for inclusion in the overall sighting database and 
reports.
    (iii) Vessel operators must not move their vessels when they are 
unable to adequately observe the 100-m zone around vessels under power 
(in gear) due to darkness, fog, or other conditions, unless necessary 
for ensuring human safety.



Sec.  217.95  Requirements for monitoring and reporting.

    (a) Marine mammal visual monitoring--(1) Protected species 
observers. AGDC must employ trained protected species observers (PSO) to 
conduct marine mammal monitoring for its LNG facilities construction 
projects.
    (i) The PSOs must observe and collect data on marine mammals in and 
around the project area for 30 minutes before, during, and for 30 
minutes after all construction work. PSOs must have no other assigned 
tasks during monitoring periods, and must be placed at appropriate and 
safe vantage point(s) practicable to monitor for marine mammals and 
implement shutdown or delay procedures, when applicable, through 
communication with the equipment operator.
    (ii) [Reserved]
    (2) Protected species observer qualifications. AGDC must adhere to 
the following observer qualifications:
    (i) Independent PSOs (i.e., not construction personnel) who have no 
other assigned tasks during monitoring periods must be used;
    (ii) Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator must be designated. The lead observer 
must have prior experience working as a marine mammal observer during 
construction;
    (iii) Other PSOs may substitute education (degree in biological 
science or related field) or training for experience;
    (iv) AGDC must submit PSO CVs for approval by NMFS prior to the 
onset of pile driving;
    (v) The PSOs must have the ability to conduct field observations and 
collect data according to assigned protocols;
    (vi) The PSOs must have the experience or training in the field 
identification of marine mammals, including the identification of 
behaviors;
    (vii) The PSOs must have sufficient training, orientation, or 
experience with the construction operation to provide for personal 
safety during observations;
    (viii) The PSOs must have writing skills sufficient to prepare a 
report of observations including but not limited to the number and 
species of marine mammals observed; dates and times when in-water 
construction activities were conducted; dates, times, and reason for 
implementation of mitigation (or why mitigation was not implemented when 
required); and marine mammal behavior; and
    (ix) The PSOs must have the ability to communicate orally, by radio 
or in person, with project personnel to provide real-time information on 
marine

[[Page 109]]

mammals observed in the area as necessary.
    (3) Marine mammal monitoring protocols. AGDC must adhere to the 
following marine mammal monitoring protocols:
    (i) For pile driving activities, a minimum of two PSOs must be on 
duty at all times;
    (ii) For pile driving activities, PSOs must be stationed on a bluff 
with minimum height 500 feet above sea level immediately above the 
construction site;
    (iii) For marine mammal monitoring during pipe laying activities, at 
least one PSO must be on the barge and on watch;
    (iv) PSOs may not exceed 4 consecutive watch hours; must have a 
minimum two-hour break between watches; and may not exceed a combined 
watch schedule of more than 12 hours in a 24-hour period;
    (v) PSOs must have no other construction-related tasks while 
conducting monitoring;
    (vi) Monitoring must be conducted from 30 minutes prior to 
commencement of pile driving, throughout the time required to drive a 
pile, and for 30 minutes following the conclusion of pile driving;
    (vii) Monitoring must be conducted from 30 minutes prior to 
commencement of pipe laying activity, throughout the time of pipe 
laying, and for 30 minutes following the conclusion of pipe laying for 
the segment;
    (viii) During all observation periods, PSOs must use high-
magnification (25X), as well as standard handheld (7X) binoculars, and 
the naked eye to search continuously for marine mammals;
    (ix) Monitoring distances must be measured with range finders. 
Distances to animals must be based on the best estimate of the PSO, 
relative to known distances to objects in the vicinity of the PSO; and
    (x) Bearings to animals must be determined using a compass.
    (4) Marine mammal monitoring data collection. PSOs must collect the 
following information during marine mammal monitoring:
    (i) Date and time that monitored activity begins and ends for each 
day conducted (monitoring period);
    (ii) Construction activities occurring during each daily observation 
period, including how many and what type of piles driven and distances 
covered during pipe laying;
    (iii) Deviation from initial proposal in pile numbers, pile types, 
average driving times, and pipe laying distances, etc.;
    (iv) Weather parameters in each monitoring period (e.g., wind speed, 
percent cloud cover, visibility);
    (v) Water conditions in each monitoring period (e.g., sea state, 
tide state);
    (vi) For each marine mammal sighting:
    (A) Species, numbers, and, if possible, sex and age class of marine 
mammals;
    (B) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile driving 
and pipe laying activities, and notable changes in patterns;
    (C) Location and distance from pile driving and pipe laying 
activities to marine mammals and distance from the marine mammals to the 
observation point; and
    (D) Estimated amount of time that the animals remained in the Level 
A and/or Level B harassment zones;
    (vii) Description of implementation of mitigation measures within 
each monitoring period (e.g., shutdown or delay); and
    (viii) Other human activity in the area within each monitoring 
period.
    (b) Acoustic monitoring. AGDC must conduct a sound source 
verification (SSV) in accordance with the requirements in the LOA, at 
the beginning of the pile driving to characterize the sound levels 
associated with different pile and hammer types, as well as to establish 
the marine mammal monitoring and mitigation zones.
    (1) A minimum of 2 piles of each type and size must be measured.
    (2) The following data, at minimum, shall be collected during 
acoustic monitoring and reported:
    (i) Hydrophone equipment and methods: Recording device, sampling 
rate, distance from the pile where recordings were made; depth of 
recording device(s);

[[Page 110]]

    (ii) Type of pile being driven and method of driving during 
recordings; and
    (iii) Mean, median, and maximum sound levels (dB re: 1[micro]Pa): 
Cumulative sound exposure level (SELcum), peak sound pressure 
level (SPLpeak), root mean square sound pressure level 
(SPLrms), and single-strike sound exposure level 
(SELs-s).
    (3) An SSV report must be submitted to NMFS within 72 hours after 
field measurements for approval of the results.
    (4) The results of the SSV report may be used to adjust the extent 
of Level A and Level B harassment zones in-water pile driving.
    (c) Reporting measures--(1) Notification. AGDC must notify NMFS 48 
hours prior to the start of each activity in Cook Inlet that may cause 
harassment of marine mammals. If there is a delay in activity, AGDC must 
also notify NMFS as soon as practicable.
    (2) Monthly report. AGDC must submit monthly reports via email to 
NMFS Office of Protected Resources (OPR) and Alaska Regional Office 
(AKRO) for all months with project activities by the 15th of the month 
following the monthly reporting period. The monthly report must contain 
and summarize the following information:
    (i) Dates, times, locations, heading, speed, weather, sea conditions 
(including Beaufort sea state and wind force), and a list of all in-
water sound-producing activities occurring concurrent with marine mammal 
observations;
    (ii) Species, number, location, distance from the vessel, and 
behavior of all observed marine mammals, as well as associated project 
activity (e.g., number of power-downs and shutdowns), observed 
throughout all monitoring activities;
    (iii) Observation data in paragraphs (a) and (b) of this section 
must be provided in digital spreadsheet format that can be queried;
    (iv) An estimate of the number of animals (by species) exposed to 
sound at received levels greater than or equal to either the Level A or 
Level B harassment thresholds, with a discussion the time spent above 
those received levels and of any specific behaviors those individuals 
exhibited;
    (v) If the extent of Level B harassment zone is beyond visual 
observation, AGDC must also include an appropriate adjustment to 
estimate the total numbers of marine mammals taken based on the portion 
of the areas that are monitored; and
    (vi) A description of the implementation and effectiveness of the 
terms and conditions of the Biological Opinion's Incidental Take 
Statement and mitigation and monitoring measures of the LOA.
    (3) Marine mammal tally numbers. (i) AGDC must keep a tally of the 
estimated number of marine mammals that are taken, based on the number 
of marine mammals observed within the applicable harassment zones, and 
alert NMFS when the authorized limit is close to being met based on 
prescribed monitoring measured in the final rule; and
    (ii) AGDC must keep a tally of the number of marine mammal that are 
sighted during the pile driving and pipe laying activities.
    (4) Beluga whale takes. AGDC must immediately notify NMFS if the 
number of Cook Inlet beluga estimated as taken (based on observed 
exposures above thresholds) reaches 80% of the authorized takes in any 
given calendar year during which take is authorized.
    (5) Annual report. (i) AGDC must submit a comprehensive annual 
report to NMFS within 90 calendar days of the cessation of in-water work 
each year for review. The report must synthesize all sighting data and 
effort during each activity for each year.
    (ii) NMFS will provide comments within 30 days after receiving 
annual reports, and AGDC must address the comments and submit revisions 
within 30 days after receiving NMFS comments.
    (iii) If no comments are received from the NMFS within 30 days, the 
annual report is considered completed.
    (iv) The report must include the following information:
    (A) Summaries of monitoring effort including total hours, 
observation rate by species and marine mammal distribution through the 
study period, accounting for sea state and other factors affecting 
visibility and detectability of marine mammals.

[[Page 111]]

    (B) Analyses of the effects of various factors that may have 
influenced detectability of marine mammals (e.g., sea state, number of 
observers, fog/glare, and other factors as determined by the PSOs).
    (C) Species composition, occurrence, and distribution of marine 
mammal sightings, including date, water depth, numbers, age/size/gender 
categories (if determinable), group sizes, and ice cover.
    (D) Marine mammal observation data with a digital record of 
observation data provided in digital spreadsheet format that can be 
queried.
    (E) Summary of implemented mitigation measures (i.e., shutdowns and 
delays).
    (F) Number of marine mammals during periods with and without project 
activities (and other variables that could affect detectability), such 
as:
    (1) Initial sighting distances versus project activity at the time 
of sighting;
    (2) Closest point of approach versus project activity;
    (3) Observed behaviors and types of movements versus project 
activity;
    (4) Numbers of sightings/individuals seen versus project activity;
    (5) Distribution around the source vessels versus project activity; 
and
    (6) Numbers of animals detected in the exclusion zone.
    (G) Analyses of the effects of project activities on listed marine 
mammals.
    (6) Final report. (i) AGDC must provide NMFS, within 90 days of 
project completion at the end of the five-year period, a report of all 
parameters listed in the monthly and annual report requirements in 
paragraph (c) of this section, noting also all operational shutdowns or 
delays necessitated due to the proximity of marine mammals.
    (ii) NMFS will provide comments within 30 days after receiving this 
report, and AGDC must address the comments and submit revisions within 
30 days after receiving NMFS comments.
    (iii) If no comments are received from the NMFS within 30 days, the 
final report is considered as final.
    (7) Reporting of injured or dead marine mammals. (i) In the 
unanticipated event that the construction or demolition activities 
clearly cause the take of a marine mammal in a prohibited manner, such 
as an injury, serious injury, or mortality, AGDC must immediately cease 
operations with the potential to impact marine mammals in the vicinity 
and immediately report the incident to the NMFS Office of Protected 
Resources, NMFS Alaska Regional Office, and the Alaska Region Stranding 
Coordinators. The report must include the following information:
    (A) Time, date, and location (latitude/longitude) of the incident;
    (B) Description of the incident;
    (C) Status of all sound source use in the 24 hours preceding the 
incident;
    (D) Environmental conditions (e.g., wind speed and direction, sea 
state, cloud cover, visibility, and water depth);
    (E) Description of marine mammal observations in the 24 hours 
preceding the incident;
    (F) Species identification or description of the animal(s) involved;
    (G) The fate of the animal(s); and
    (H) Photographs or video footage of the animal (if equipment is 
available).
    (ii) Activities must not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS must work with AGDC to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure Marine Mammal Protection Act (MMPA) 
compliance. AGDC may not resume its activities until notified by NMFS 
via letter, email, or telephone.
    (iii) In the event that AGDC 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 (i.e., in less than 
a moderate state of decomposition as described in paragraph (c)(7)(iv) 
of this section), AGDC must immediately report the incident to the NMFS 
Office of Protected Resources, NMFS Alaska Regional Office, and the 
Alaska Regional Stranding Coordinators. The report must include the same 
information identified in paragraph (b)(3)(i) of this section. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with AGDC to determine whether modifications in 
the activities are appropriate.

[[Page 112]]

    (iv) In the event that AGDC 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), AGDC must report the incident to 
the NMFS Office of Protected Resources, NMFS Alaska Regional Office, and 
the Alaska Regional Stranding Coordinators, within 48 hours of the 
discovery. AGDC must provide photographs or video footage (if available) 
or other documentation of the stranded animal sighting to NMFS and the 
Marine Mammal Stranding Network. AGDC may continue its operations under 
such a case.



Sec.  217.46  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, AGDC must apply for and obtain (LOAs) in accordance 
with Sec.  216.106 of this chapter for conducting the activity 
identified in Sec.  217.40(c).
    (b) LOAs, unless suspended or revoked, may be effective for a period 
of time not to extend beyond the expiration date of the regulations in 
this subpart.
    (c) If an LOA(s) expires prior to the expiration date of the 
regulations in this subpart, AGDC may apply for and obtain a renewal of 
the LOA(s).
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  217.47(c)(1)) required by an 
LOA, AGDC must apply for and obtain a modification of LOAs as described 
in Sec.  217.47.
    (e) Each LOA must set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, their habitat, and the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA(s) must be based on a determination that the 
level of taking must be consistent with the findings made for the total 
taking allowable under the regulations in this subpart.
    (g) Notice of issuance or denial of the LOA(s) must be published in 
the Federal Register within 30 days of a determination.



Sec.  217.47  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.46 for the activity identified in Sec.  217.40(c) must be renewed or 
modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA(s) under the regulations in this 
subpart were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations in this subpart 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.46 for the activity identified in Sec.  217.40(c) may be modified by 
NMFS under the following circumstances:
    (1) Adaptive management. After consulting with AGDC regarding the 
practicability of the modifications, NMFS may modify (including by 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation

[[Page 113]]

and monitoring set forth in the regulations in this subpart.
    (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 AGDC's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent or number not authorized by the regulations in this 
subpart or subsequent LOAs.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS must 
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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 217.46, 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.



Sec.  Sec.  217.48-217.49  [Reserved]



Subpart F_Taking Marine Mammals Incidental to Lighthouse Repair and Tour 
              Operations at Northwest Seal Rock, California

    Source: 87 FR 22492, Apr. 15, 2022, unless otherwise noted.

    Effective Date Note: At 87 FR 22492, Apr. 15, 2022, subpart F was 
added, effective May 15, 2022, through May 14, 2027.



Sec.  217.50  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the St. George Reef 
Lighthouse Preservation Society (Society) and those persons it 
authorizes or funds to conduct activities on its behalf for the taking 
of marine mammals that occurs in the areas outlined in paragraph (b) of 
this section and that occurs incidental to lighthouse repair and tour 
operation activities.
    (b) The taking of marine mammals by the Society may be authorized in 
a Letter of Authorization (LOA) only if it occurs within Pacific Ocean 
waters in the vicinity of Northwest Seal Rock near Crescent City, 
California.



Sec.  217.51  Effective dates.

    Regulations in this subpart are effective from May 15, 2022 through 
May 14, 2027.



Sec.  217.52  Permissible methods of taking.

    Under LOAs issued pursuant to Sec.  216.106 of this chapter and 
Sec.  217.56, the Holder of the LOA (hereinafter ``Society'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.50(b) by Level B harassment associated with 
lighthouse repair and tour operation activities, provided the activity 
is in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.



Sec.  217.53  Prohibitions.

    Except for taking authorized by a LOA issued under Sec. Sec.  
216.106 and 217.56 of this chapter, it shall be unlawful for any person 
to do any of the following in connection with the activities described 
in Sec.  217.50:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec.  216.106 of this 
chapter and Sec.  217.56;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified; or
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal.



Sec.  217.54  Mitigation requirements.

    When conducting the activities identified in Sec.  217.50(a), the 
mitigation measures contained in any LOA issued under Sec.  216.106 of 
this chapter and Sec.  217.56 must be implemented. These

[[Page 114]]

mitigation measures shall include but are not limited to:
    (a) General conditions. (1) A copy of any issued LOA must be in the 
possession of the Society, supervisory personnel, pilot, protected 
species observers (PSOs), and any other relevant designees of the Holder 
operating under the authority of this LOA at all times that activities 
subject to this LOA are being conducted.
    (2) The Society must conduct training between supervisors and crews 
and the marine mammal monitoring team and relevant Society staff prior 
to the start of all trips and when new personnel join the work, so that 
responsibilities, communication procedures, monitoring protocols, and 
operational procedures are clearly understood. Visitors to the Station 
must be instructed to avoid unnecessary noise and not expose themselves 
visually to pinnipeds around the base of the lighthouse.
    (3) All personnel must avoid direct physical interaction with marine 
mammals during activity. If a marine mammal comes within 10 m of such 
activity, operations must cease until the animal leaves of its own 
accord.
    (4) Loud outside activity must be halted upon observation on 
Northwest Seal Rock (NWSR) of either a species for which incidental take 
is not authorized or a species for which incidental take has been 
authorized but the authorized number of takes has been met.
    (5) No more than two restoration trips, or 6 days of flight 
operations, are permitted per month.
    (b) Protocols. (1) The pilot must ensure that helicopter approach 
patterns to the NWSR are such that the timing and techniques are least 
disturbing to marine mammals. To the extent possible, the helicopter 
must approach NWSR when the tide is too high for marine mammals to haul 
out on NWSR. The helicopter must avoid rapid and direct approaches to 
the station by approaching NWSR at a relatively high altitude (e.g., 
800-1,000 ft; 244-305 m). Before the final approach, the helicopter must 
circle lower, and approach from an area where the density of pinnipeds 
is the lowest. If for any safety reasons (e.g., wind conditions or 
visibility) such helicopter approach and timing techniques cannot be 
achieved, the Society must abort the restoration and maintenance session 
for the day.
    (2) Monitoring must be conducted by a trained PSO, who must have no 
other assigned tasks during monitoring periods. Trained PSOs must be 
placed at the best vantage point(s) practicable to monitor for marine 
mammals and implement mitigation procedures when applicable. The Society 
must adhere to the following additional PSO qualifications:
    (i) Independent PSOs are required;
    (ii) At least one PSO must have prior experience working as an 
observer;
    (iii) Other observers may substitute education (degree in biological 
science or related field) or training for experience; and
    (iv) The Society must submit PSO resumes for approval by NMFS prior 
to beginning any activity subject to these regulations.
    (3) The PSO must monitor the project area to the maximum extent 
possible based on the required monitoring locations and environmental 
conditions. They must record all observations of marine mammals as 
described in Section 5 of any LOA, regardless of distance from the 
activity. A PSO with a high definition camera must be on the first 
flight to the station each day. For 15 minutes before and after all 
other takeoffs and landings a PSO must be stationed on the platform of 
the lantern room gallery, and a PSO must be on the last departing 
helicopter of the day.



Sec.  217.55  Requirements for monitoring and reporting.

    (a) PSOs must document any behavioral reactions in concert with 
distance from any project activity.
    (b) Reporting--(1) Reporting frequency. (i) The Society must submit 
a quarterly summary report to NMFS not later than 90 days following the 
end of each work quarter; after the first three quarterly submissions, 
NMFS will evaluate whether it is appropriate to modify to annual 
reports, and modify future LOAs as appropriate to indicate annual 
reporting requirements if so. The Society must provide a final report

[[Page 115]]

within 30 days following resolution of comments on each draft report.
    (ii) These reports must contain, at minimum, the following:
    (A) Dates and times (begin and end) of all marine mammal monitoring;
    (B) Activities occurring during all marine mammal monitoring (e.g., 
helicopter takeoffs and landings, construction activities);
    (C) PSO locations during marine mammal monitoring;
    (D) Environmental conditions during monitoring periods (at beginning 
and end of PSO shift and whenever conditions change significantly), 
including Beaufort sea state and any other relevant weather conditions 
including cloud cover, fog, sun glare, and overall visibility to the 
horizon, and estimated observable distance;
    (E) Upon each flight, the following information: Name of PSO who 
sighted the animal(s) and PSO location and activity at time of sighting; 
time of sighting; identification of the animal(s) (e.g., genus/species, 
lowest possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species; distance and bearing of each marine mammal observed relative to 
the activity for each flight; estimated number of animals (min/max/best 
estimate); estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, etc.); and description of any marine mammal 
behavioral observations (e.g., observed behaviors such as feeding or 
traveling), including an assessment of behavioral responses thought to 
have resulted from the activity according to the 3-point scale as 
defined in the LOA (e.g., no response or changes in behavioral state 
such as changing direction or flushing);
    (F) Number of marine mammals detected, by species; and
    (G) Detailed information about any implementation of any mitigation 
triggered, a description of specific actions that ensued, and resulting 
changes in behavior of the animal(s), if any.
    (2) The Society must submit a comprehensive summary report to NMFS 
not later than 90 days following the conclusion of marine mammal 
monitoring efforts described in this subpart.
    (c) Reporting of injured or dead marine mammals. (1) In the event 
that personnel involved in the construction activities discover an 
injured or dead marine mammal, the LOA-holder must immediately report 
the incident to the Office of Protected Resources (OPR) 
([email protected]), NMFS and to West Coast Regional 
Stranding Coordinator as soon as feasible. If the death or injury was 
clearly caused by activities specified at Sec.  217.50, the Society must 
immediately cease the specified activities until NMFS is able to review 
the circumstances of the incident and determine what, if any, additional 
measures are appropriate to ensure compliance with the terms of these 
regulations and LOAs. The LOA-holder must not resume their activities 
until notified by NMFS. The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.
    (2) [Reserved]



Sec.  217.56  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the Society must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, the Society may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the Society must 
apply for and

[[Page 116]]

obtain a modification of the LOA as described in Sec.  217.57.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.57  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec.  216.106 of this chapter and Sec.  
217.56 for the activity identified in Sec.  217.50(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) 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 in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), 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) An LOA issued under Sec. Sec.  216.106 and 217.56 of this 
chapter for the activity identified in Sec.  217.50(a) 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 the Society 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 the Society's monitoring from the previous year(s).
    (B) Results from other marine mammal and/or sound or disturbance 
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 in LOAs issued pursuant to Sec.  216.106 of 
this chapter and Sec.  217.56, 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.



Sec. Sec.  217.58-217.59  [Reserved]



  Subpart G_Taking and Importing Marine Mammals; Taking Marine Mammals 
 Incidental to U.S. Air Force Launches and Operations at Vandenberg Air 
                         Force Base, California

    Source: 84 FR 14333, Apr. 10, 2019, unless otherwise noted.

[[Page 117]]


    Effective Date Note:  At 84 FR 14333, Apr. 10, 2019, subpart G was 
added, effective Apr. 10, 2019, until Apr. 10, 2024.



Sec.  217.60  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the 30th Space Wing, 
United States Air Force (USAF) and those persons it authorizes to 
conduct activities on its behalf for the taking of marine mammals that 
occurs in the areas outlined in paragraph (b) of this section and that 
occurs incidental to rocket and missile launches and aircraft 
operations.
    (b) The taking of marine mammals by the USAF may be authorized in a 
Letter of Authorization (LOA) only if it occurs from activities 
originating at Vandenberg Air Force Base.



Sec.  217.61  Effective dates.

    Regulations in this subpart are effective from April 10, 2019, until 
April 10, 2024.



Sec.  217.62  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec. Sec.  216.106 and 217.60 of 
this chapter, the Holder of the LOA (herein after ``USAF'') may 
incidentally, but not intentionally, take marine mammals by Level B 
harassment, within the area described in Sec.  217.60(b), provided the 
activity is in compliance with all terms, conditions, and requirements 
of the regulations in this subpart and the appropriate LOA.



Sec.  217.63  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.62(c) and 
authorized by an LOA issued under Sec. Sec.  216.106 and 217.66 of this 
chapter, no person in connection with the activities described in Sec.  
217.60 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 217.66;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  217.64  Mitigation requirements.

    When conducting the activities identified in Sec.  217.60(a), the 
mitigation measures contained in any Letter of Authorization issued 
under Sec. Sec.  216.106 of this chapter and 217.66 must be implemented. 
These mitigation measures include (but are not limited to):
    (a) For missile and rocket launches, the USAF 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 launch mission objectives.
    (b) For rocket launches, the USAF must avoid, whenever possible, 
launches which are predicted to produce a sonic boom on the Northern 
Channel Islands from March through June.
    (c) Aircraft and helicopter flight paths must maintain a minimum 
distance of 1,000 feet (ft) (305 meters (m)) from recognized pinniped 
haulouts and rookeries, whenever possible, except for one area near the 
VAFB harbor over which aircraft may be flown to within 500 ft of a 
haulout, and except in emergencies or for real-time security incidents, 
which may require approaching pinniped haulouts and rookeries closer 
than 1,000 ft (305 m).
    (d) Except for during take-off and landing actions, the following 
minimum altitudes must be maintained over all known marine mammal 
haulouts when marine mammals are present: For Class 0-2 UAS, a minimum 
of 300 ft; for Class 3 UAS, a minimum of 500 ft; and for Class 4 or 5 
UAS, a minimum of 1,000 ft.
    (e) If post-launch surveys determine that an injurious or lethal 
take of a marine mammal has occurred, the launch procedure and the 
monitoring

[[Page 118]]

methods must be reviewed, in cooperation with the National Marine 
Fisheries Service (NMFS), and appropriate changes must be made through 
modification to a Letter of Authorization, prior to conducting the next 
launch under that Letter of Authorization.



Sec.  217.65  Requirements for monitoring and reporting.

    (a) To conduct monitoring of rocket launch activities, the USAF must 
either use video recording, or must designate a qualified on-site 
individual approved in advance by NMFS, with demonstrated proficiency in 
the identification of all age and sex classes of both common and 
uncommon pinniped species found at VAFB and knowledge of approved count 
methodology and experience in observing pinniped behavior, as specified 
in the Letter of Authorization, to monitor and document pinniped 
activity as described below:
    (1) For any launches of space launch vehicles or recoveries of the 
Falcon 9 First Stage occurring from January 1 through July 31, pinniped 
activity at VAFB must be monitored in the vicinity of the haulout 
nearest the launch platform, or, in the absence of pinnipeds at that 
location, at another nearby haulout, for at least 72 hours prior to any 
planned launch, and continue for a period of time not less than 48 hours 
subsequent to the launch;
    (2) For any launches of new space launch vehicles that have not been 
monitored during at least 3 previous launches occurring from August 1 
through December 31, pinniped activity at VAFB must be monitored in the 
vicinity of the haulout nearest the launch or landing platform, or, in 
the absence of pinnipeds at that location, at another nearby haulout, 
for at least 72 hours prior to any planned launch, and continue for a 
period of time not less than 48 hours subsequent to launching;
    (3) For any launches of existing space launch vehicles that are 
expected to result in a louder launch noise or sonic boom than previous 
launches of the same vehicle type occurring from August 1 through 
December 31, pinniped activity at VAFB must be monitored in the vicinity 
of the haulout nearest the launch or landing platform, or, in the 
absence of pinnipeds at that location, at another nearby haulout, for at 
least 72 hours prior to any planned launch, and continue for a period of 
time not less than 48 hours subsequent to launching;
    (4) For any launches of new types of missiles occurring from August 
1 through December 31, pinniped activity at VAFB must be monitored in 
the vicinity of the haulout nearest the launch or landing platform, or, 
in the absence of pinnipeds at that location, at another nearby haulout, 
for at least 72 hours prior to any planned launch, and continue for a 
period of time not less than 48 hours subsequent to launching;
    (5) For any recoveries of the Falcon 9 First Stage occurring from 
August 1 through December 31 that are predicted to result in a sonic 
boom of 1.0 pounds per square foot (psf) or above at VAFB, pinniped 
activity at VAFB must be monitored in the vicinity of the haulout 
nearest the launch or landing platform, or, in the absence of pinnipeds 
at that location, at another nearby haulout, for at least 72 hours prior 
to any planned launch, and continue for a period of time not less than 
48 hours subsequent to launching;
    (6) For any launches or Falcon 9 First Stage recoveries occurring 
from January 1 through July 31, follow-up surveys must be conducted 
within 2 weeks of the launch;
    (7) For any launches or Falcon 9 First Stage recoveries, pinniped 
activity at the Northern Channel Islands must be monitored, if it is 
determined by modeling that a sonic boom of greater than 2.0 psf is 
predicted to impact one of the islands between March 1 and July 31, 
greater than 3.0 psf between August 1 and September 30, and greater than 
4.0 psf between October 1 and February 28. Monitoring will be conducted 
at the haulout site closest to the predicted sonic boom impact area, or, 
in the absence of pinnipeds at that location, at another nearby haulout;
    (8) For any launches or Falcon 9 First Stage recoveries for which 
marine mammal monitoring is required, acoustic measurements must be 
made; and

[[Page 119]]

    (9) Marine mammal monitoring must include multiple surveys each day 
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. Number of marine mammals hauled out must be recorded immediately 
prior to the launch, unless weather conditions prevent accurate 
recording or it is technologically infeasible. When flushing behavior is 
observed, the amount of time for animals to return to the haulout must 
be recorded.
    (10) Marine mammal monitoring of activities that occur during 
darkness at VAFB must include night video monitoring, when feasible.
    (b) The USAF must submit a report to the Administrator, West Coast 
Region, NMFS, and Office of Protected Resources, 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 haulout 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 moved in response to the 
source of disturbance, ranging from short withdrawals at least twice the 
animal's body length to longer retreats over the beach, or if already 
moving a change of direction of greater than 90 degree, or, entered the 
water as a result of launch noise;
    (iii) For any marine mammals that entered the water, the length of 
time they remained off the haulout;
    (iv) Description of behavioral modifications by pinnipeds that were 
likely the result of launch noise or sonic boom; and
    (v) Results of acoustic monitoring, including the intensity of any 
sonic boom (psf) and sound levels in SELs, SPLpeak and 
SPLrms.
    (c) If the authorized activity identified in Sec.  217.60(a) is 
thought to have resulted in the mortality or injury of any marine 
mammals or in any take of marine mammals not authorized in LOAs, then 
the USAF must notify the Director, Office of Protected Resources, NMFS, 
and the stranding coordinator, West Coast Region, NMFS, within 48 hours 
of the discovery of the injured or dead marine mammal or of the take of 
marine mammals not authorized in an LOA.
    (d) An annual report must be submitted on March 1 of each year to 
the Office of Protected Resources, NMFS.
    (e) A final report must be submitted at least 180 days prior to 
expiration of these regulations to the Office of Protected Resources, 
NMFS. 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 the activities specified in Sec.  217.60(a); and
    (4) State the date(s), location(s), and findings of any research 
activities related to monitoring the effects on launch noise, sonic 
booms, and harbor activities on marine mammal populations.



Sec.  217.66  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the USAF must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, the USAF may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the USAF must 
apply for and obtain a modification of the LOA as described in Sec.  
217.67.
    (e) The LOA will set forth:
    (1) Permissible methods of incidental taking;

[[Page 120]]

    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.67  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.66 for the activity identified in Sec.  217.60(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The specified activity and mitigation, monitoring, and reporting 
measures, as well as the anticipated impacts, are the same as those 
described and analyzed for these regulations (excluding changes made 
pursuant to the adaptive management provision in Sec.  217.67(c)(1)); 
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 in Sec.  217.67(c)(1)) 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.66 for the activity identified in Sec.  217.60(a) 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 the USAF 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 the USAF'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 in Sec.  217.62(c), 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.



Sec. Sec.  217.68-217.69  [Reserved]

Subpart H [Reserved]



    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

[[Page 121]]

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 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 to Sec.  216.106 
of this chapter and Sec.  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 in Sec.  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.

[[Page 122]]



Sec.  217.83  Prohibitions.

    Notwithstanding takings contemplated in Sec.  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 in Sec.  217.80 may:
    (a) Take any marine mammal not specified in Sec.  217.80(b);
    (b) Take any marine mammal specified in Sec.  217.80(b) other than 
by incidental take as specified in Sec.  217.82(a) through (d);
    (c) Take a marine mammal specified in Sec.  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 in Sec.  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 in Sec.  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:
    (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

[[Page 123]]

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 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 to Sec.  216.106 of 
this chapter and Sec.  217.87 for activities described in Sec.  
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

[[Page 124]]

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 in Sec.  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 in Sec.  217.80(b), then the Holder of 
the Letter of Authorization must, in addition to complying with the 
requirements of Sec.  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 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

[[Page 125]]

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 in Sec.  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 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

[[Page 126]]

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 by Sec.  216.103) conducting 
the activity identified in Sec.  217.80(a) must apply for and obtain 
either an initial Letter of Authorization in accordance with Sec.  
217.87 or a renewal under Sec.  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:
    (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 under Sec.  216.106 of this 
chapter and Sec.  217.87 for the activity identified in Sec.  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 under Sec.  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 under Sec.  217.85(d) and (e) and the Letter of Authorization 
issued under Sec.  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 by Sec.  217.87(c).
    (b) If either a request for a renewal of a Letter of Authorization 
issued under Sec.  216.106 of this chapter and Sec.  217.88, or a

[[Page 127]]

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 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 to Sec.  216.106 of this 
chapter and Sec.  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 under Sec.  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 in Sec.  217.80(b), a Letter of 
Authorization issued pursuant to Sec.  216.106 of this chapter and Sec.  
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.



  Subpart J_Taking and Importing Marine Mammals; U.S. Navy's Submarine 
                    Base New London Pier Construction

    Source: 83 FR 36788, July 31, 2018, unless otherwise noted.

    Effective Date Note: At 83 FR 36788, July 31, 2018, subpart J was 
added, effective Mar. 1, 2020, until Feb. 28, 2025.



Sec.  217.90  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
and those persons it authorizes or funds 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 occurs incidental to the 
activities described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy may be authorized in 
Letters of Authorization (LOAs) only if it occurs within the Navy 
Submarine Base New London Study Area, which is located in the towns of 
Groton and Ledyard in New London County, Connecticut.

[[Page 128]]

    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy's conducting in-water pier construction 
or demolition activities.



Sec.  217.91  Effective dates and definitions.

    Regulations in this subpart are effective March 1, 2020 through 
February 28, 2025.



Sec.  217.92  Permissible methods of taking.

    Under LOAs issued pursuant to Sec.  216.106 of this chapter and 
Sec.  217.96, the Holder of the LOAs (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.90(b) by Level A harassment and Level B 
harassment associated with in-water pile driving and pile removal 
activities, provided the activity is in compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
applicable LOAs.



Sec.  217.93  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.92 and authorized 
by LOAs issued under Sec.  216.106 of this chapter and Sec.  217.96, no 
person in connection with the activities described in Sec.  217.90 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec.  216.106 of this 
chapter and Sec.  217.96;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the availability 
of such species or stock of marine mammal for taking for subsistence 
uses.



Sec.  217.94  Mitigation requirements.

    When conducting the activities identified in Sec.  217.90(c), the 
mitigation measures contained in any LOAs issued under Sec.  216.106 of 
this chapter and Sec.  217.96 must be implemented. These mitigation 
measures shall include but are not limited to:
    (a) Time restriction. In-water construction and demolition work 
shall occur only during daylight hours.
    (b) Establishment of monitoring and shutdown zones. (1) For all 
relevant in-water construction and demolition activity, the Navy shall 
designate Level A harassment zones with radial distances as identified 
in any LOA issued under Sec.  216.106 of this chapter and Sec.  217.96.
    (2) For all relevant in-water construction and demolition activity, 
the Navy shall designate Level B harassment zones with radial distances 
as identified in any LOA issued under Sec.  216.106 of this chapter and 
Sec.  217.96.
    (3) For all in-water construction and demolition activity, the Navy 
shall implement a minimum shutdown zone of a 10-m radius around the 
pile. If a marine mammal comes within or approaches the shutdown zone, 
such operations shall cease.
    (c) Monitoring visibility. Pile driving shall only take place when 
the shutdown and Level A zones are visible and can be adequately 
monitored. If conditions (e.g., fog) prevent the visual detection of 
marine mammals, activities with the potential to result in Level A 
harassment shall not be initiated. If such conditions arise after the 
activity has begun, pile driving or pile removal activities shall be 
halted if the 10-m shutdown zone is not visible.
    (d) Shutdown measures. (1) The Navy shall deploy three protected 
species observers (PSOs) to monitor marine mammals during in-water pile 
driving and pile removal. One PSO shall be located on land and two shall 
be located in a boat to monitor the farther locations.
    (2) Monitoring shall take place from 15 minutes prior to initiation 
of pile driving or removal activity through 30 minutes post-completion 
of pile driving or removal activity. Pre-activity monitoring shall be 
conducted for 15 minutes to ensure that the shutdown zone

[[Page 129]]

is clear of marine mammals, and pile driving or removal may commence 
when observers have declared the shutdown zone clear of marine mammals. 
In the event of a delay or shutdown of activity resulting from marine 
mammals in the shutdown zone, animals shall be allowed to remain in the 
shutdown zone (i.e., must leave of their own volition) and their 
behavior shall be monitored and documented. Monitoring shall occur 
throughout the time required to drive or remove a pile. A determination 
that the shutdown zone is clear must be made during a period of good 
visibility (i.e., the entire shutdown zone and surrounding waters must 
be visible to the naked eye).
    (3) If a marine mammal approaches or enters the shutdown zone, or if 
a marine mammal not specified in the LOAs enters the Level B harassment 
zone, or if the take of a marine mammal species or stock has reached the 
take limits specified in any LOA issued under Sec.  216.106 of this 
chapter and Sec.  217.96 and enters the Level B harassment zone, all 
pile driving or removal activities at that location shall be halted. If 
pile driving or removal is halted or delayed due to the presence of a 
marine mammal, the activity may not commence or resume until either the 
animal has voluntarily left and been visually confirmed beyond the 
shutdown zone or fifteen minutes have passed without re-detection of the 
animal.
    (4) The Navy shall implement shutdown measures if the number of 
authorized takes for any particular species reaches the limit under the 
applicable LOA and if such marine mammals are sighted within the 
vicinity of the project area and are approaching the Level B harassment 
zone during in-water construction or demolition activities.
    (e) Soft start. (1) The Navy shall implement soft start techniques 
for impact pile driving. The Navy shall conduct an initial set of three 
strikes from the impact hammer at 40 percent energy, followed by a 1-
minute waiting period, then two subsequent three strike sets.
    (2) Soft start shall be required for any impact driving, including 
at the beginning of the day, and at any time following a cessation of 
impact pile driving of 30 minutes or longer.



Sec.  217.95  Requirements for monitoring and reporting.

    (a) Marine mammal monitoring--(1) General requirements. The Navy 
shall employ trained protected species observers (PSOs) to conduct 
marine mammal monitoring for its Submarine Base New London pier 
construction project. The PSOs shall observe and collect data on marine 
mammals in and around the project area for 15 minutes before, during, 
and for 30 minutes after all pile removal and pile installation work. 
PSOs shall have no other assigned tasks during monitoring periods, and 
shall be placed at the best vantage point(s) practicable to monitor for 
marine mammals and implement shutdown or delay procedures when 
applicable through communication with the equipment operator.
    (2) Protected species observer qualifications. NMFS-approved PSOs 
shall meet the following requirements:
    (i) Independent observers (i.e., not construction personnel) are 
required;
    (ii) At least one observer must have prior experience working as an 
observer;
    (iii) Other observers may substitute education (undergraduate degree 
in biological science or related field) or training for experience;
    (iv) Where a team of three or more observers are required, one 
observer should be designated as lead observer or monitoring 
coordinator. The lead observer must have prior experience working as an 
observer; and
    (v) NMFS will require submission and approval of observer CVs.
    (3) Marine mammal monitoring protocols. (i) The Navy shall conduct 
briefings between construction supervisors and crews and the PSO team 
prior to the start of all pile driving activities, and when new 
personnel join the work, in order to explain responsibilities, 
communication procedures, marine mammal monitoring protocol, and 
operational procedures. All personnel working in the project area shall 
watch the Navy's Marine Species Awareness Training video. An informal 
guide shall be included with the monitoring plan to aid in identifying 
species if they are

[[Page 130]]

observed in the vicinity of the project area.
    (ii) The Navy shall monitor the Level A and Level B harassment zones 
before, during, and after pile driving activities for all in-water 
constructions. The Marine Mammal Monitoring Plan shall include the 
following procedures:
    (A) PSO location. PSOs will be primarily located on boats, docks, 
and piers at the best vantage point(s) in order to properly see the 
entire shutdown zone(s).
    (B) PSO vantage point. PSOs will be located at the best vantage 
point(s) to observe the zone associated with behavioral impact 
thresholds.
    (C) Observation equipment. During all observation periods, PSOs will 
use high-magnification (25X), as well as standard handheld (7X) 
binoculars, and the naked eye to search continuously for marine mammals.
    (D) Ranging equipment. Monitoring distances will be measured with 
range finders. Distances to animals will be based on the best estimate 
of the PSO, relative to known distances to objects in the vicinity of 
the PSO.
    (E) Bearing. Bearings to animals will be determined using a compass.
    (F) Pre-activity monitoring. The shutdown zone will be monitored for 
15 minutes prior to in-water construction/demolition activities. If a 
marine mammal is present within the 10-m shutdown zone, the activity 
will be delayed until the animal(s) leaves the shutdown zone. Activity 
will resume only after the PSO has determined that, through sighting or 
by waiting 15 minutes, the animal(s) has moved outside the shutdown 
zone. If a marine mammal is observed approaching the shutdown zone, the 
PSO who sighted that animal will notify all other PSOs of its presence.
    (G) During activity monitoring. If a marine mammal is observed 
entering the Level A or Level B harassment zones outside the 10-m 
shutdown zone, the pile segment being worked on will be completed 
without cessation, unless the animal enters or approaches the shutdown 
zone, at which point all pile driving activities will be halted. If an 
animal is observed within the shutdown zone during pile driving, then 
pile driving will be stopped as soon as it is safe to do so. Pile 
driving can only resume once the animal has left the shutdown zone of 
its own volition or has not been re-sighted for a period of 15 minutes.
    (H) Post-activity monitoring. Monitoring of all zones will continue 
for 30 minutes following the completion of the activity.
    (b) Acoustic monitoring--(1) Sound source verification. (i) The Navy 
shall conduct pile driving sound source verification for the following 
types and sizes of piles:
    (A) Vibratory and impact installation of at least 5 16-in fiberglass 
reinforced plastic piles; and
    (B) Rock socket drilling of at least 3 30-in and 3 16-in piles.
    (ii) Sound source measurements of these piles sound shall be 
conducted at distances approximately 10 m from the source.
    (iii) For vibratory pile driving/removal source level measurements, 
reports shall include 1-s sound exposure level (SEL), source spectrum, 
duration of recordings used to derived the SEL, and 24-hour cumulative 
SEL extrapolated from measurements.
    (iv) For impact pile driving source level measurements, report 
should include peak sound pressure level (SPLpk), root-mean-
square SPL (SPLrms), single strike SEL (SELss), 
integration time for SPLrms, SELss spectrum, and 
24-hour cumulative SEL extrapolated from measurements.
    (2) Level B harassment distance verification. (i) The Navy shall 
empirically determine the Level B harassment distance either by 
extrapolating from in situ measurements conducted at several points 
between 10 and 500 m from the source, or by direct measurements to 
locate the distance where the received levels reach 120 dB or below, or 
at the ambient noise level.
    (ii) Level B harassment zones to be empirically verified include:
    (A) Rock socket drilling of at least 3 30-in and 3 16-in piles;
    (B) Vibratory installation of at least 3 36-in steel piles; and
    (C) Vibratory removal of at least 3 24-in concrete and 3 33-in 
concrete piles.
    (iii) For extent of Level B harassment zone verification, the Navy 
shall report the measured or extrapolated

[[Page 131]]

distances where the received levels SPLrms decay to 120-dB or 
to the ambient noise level, whichever is higher, as well as integration 
time for such SPLrms.
    (3) Source level calculation. The sound levels reported should be in 
median and linear average (i.e., taking averages of sound intensity 
before converting to dB).
    (4) Sediment type. The passive acoustic monitoring reports shall 
also include sediment type where measurements are made.
    (c) Reporting measures--(1) Annual reports. (i) The Navy shall 
submit an annual report within 90 days after each activity year, 
starting from the date when the LOA is issued (for the first annual 
report) or from the date when the previous annual report ended.
    (ii) Annual reports shall detail the monitoring protocol, summarize 
the data recorded during monitoring, and estimate the number of marine 
mammals that may have been harassed during the period of the report.
    (iii) Annual reports shall also include results from acoustic 
monitoring detailed in paragraph (b) of this section.
    (iv) NMFS shall provide comments within 30 days after receiving 
annual reports, and the Navy shall address the comments and submit 
revisions within 30 days after receiving NMFS comments. If no comment is 
received from the NMFS within 30 days, the annual report is considered 
completed.
    (2) Final report. (i) The Navy shall submit a comprehensive summary 
report to NMFS not later than 90 days following the conclusion of marine 
mammal monitoring efforts described in this subpart.
    (ii) The final report shall synthesize all data recorded during 
marine mammal monitoring, and estimate the number of marine mammals that 
may have been harassed through the entire project.
    (iii) NMFS would provide comments within 30 days after receiving 
this report, and the Navy shall address the comments and submit 
revisions within 30 days after receiving NMFS comments. If no comment is 
received from the NMFS within 30 days, the final report is considered as 
final.
    (3) Reporting of injured or dead marine mammals. (i) In the 
unanticipated event that the construction or demolition activities 
clearly cause the take of a marine mammal in a prohibited manner, such 
as an injury, serious injury, or mortality, the Navy shall immediately 
cease all operations and immediately report the incident to the NMFS 
Office of Protected Resources, NMFS, and the Greater Atlantic Region 
Stranding Coordinators. The report must include the following 
information:
    (A) Time, date, and location (latitude/longitude) of the incident;
    (B) Description of the incident;
    (C) Status of all sound source use in the 24 hours preceding the 
incident;
    (D) Environmental conditions (e.g., wind speed and direction, sea 
state, cloud cover, visibility, and water depth);
    (E) Description of marine mammal observations in the 24 hours 
preceding the incident;
    (F) Species identification or description of the animal(s) involved;
    (G) The fate of the animal(s); and
    (H) Photographs or video footage of the animal (if equipment is 
available).
    (ii) Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with the Navy to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The Navy may not resume 
their activities until notified by NMFS via letter, email, or telephone.
    (iii) In the event that the Navy 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 (i.e., in less than 
a moderate state of decomposition as described in the next paragraph), 
the Navy will immediately report the incident to the NMFS Office of 
Protected Resources, NMFS, and the Greater Atlantic Regional Stranding 
Coordinators. The report must include the same information identified in 
paragraph (c)(3)(i)(A) of this section. Activities may continue while 
NMFS reviews the circumstances of the incident. NMFS will work with the 
Navy to determine

[[Page 132]]

whether modifications in the activities are appropriate.
    (iv) In the event that the Navy discovers an injured or dead marine 
mammal, and the lead protected species observer determines that the 
injury or death is not associated with or related to the activities 
authorized in the IHA (e.g., previously wounded animal, carcass with 
moderate to advanced decomposition, or scavenger damage), the Navy shall 
report the incident to the NMFS Office of Protected Resources, NMFS, and 
the Greater Atlantic Regional Stranding Coordinators, within 24 hours of 
the discovery. The Navy shall provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS and the Marine Mammal Stranding Network. The Navy can continue its 
operations under such a case.



Sec.  217.96  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the Navy must apply for and obtain LOAs in accordance with 
Sec.  216.106 of this chapter for conducting the activity identified in 
Sec.  217.90(c).
    (b) LOAs, unless suspended or revoked, may be effective for a period 
of time not to extend beyond the expiration date of these regulations.
    (c) If an LOAs expires prior to the expiration date of these 
regulations, the Navy may apply for and obtain a renewal of the LOAs.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  217.97(c)(1)) required by an 
LOA, the Navy must apply for and obtain a modification of LOAs as 
described in Sec.  217.97.
    (e) Each 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, their habitat, and the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOAs shall be based on a determination that the 
level of taking shall be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of the LOAs shall be published in 
the Federal Register within 30 days of a determination.



Sec.  217.97  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec.  216.106 of this chapter and Sec.  
217.96 for the activity identified in Sec.  217.90(c) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOAs 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 measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations or result in no more than a 
minor change in the total estimated number of takes (or distribution by 
species or years), 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) An LOA issued under Sec.  216.106 of this chapter and Sec.  
217.96 for the activity identified in Sec.  217.90(c) may be modified by 
NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the Navy regarding 
the practicability of the modifications, NMFS may modify (including by 
adding or removing measures) the existing mitigation, monitoring, or 
reporting

[[Page 133]]

measures 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 the Navy's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or
    (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 
shall 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 in LOAs issued pursuant to Sec.  216.106 of 
this chapter and Sec.  217.96, an LOA may be modified without prior 
notice or opportunity for public comment. Notice would be published in 
the Federal Register within thirty days of the action.



Sec. Sec.  217.98-217.99  [Reserved]



     Subpart K_Taking Marine Mammals Incidental to Rocky Intertidal 
        Monitoring Surveys Along the Oregon and California Coasts

    Source: 85 FR 18467, Apr. 2, 2020, unless otherwise noted.

    Effective Date Note: At 85 FR 18467, Apr. 2, 2020, subpart K was 
added, effective Apr. 12, 2020, through Apr. 11, 2021. At 85 FR 20201, 
Apr. 10, 2020, the end date was corrected to Apr. 11, 2025.



Sec.  217.100  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the University of 
California Santa Cruz's Partnership for Interdisciplinary Studies of 
Coastal Oceans (UCSC/PISCO) and those persons it authorizes or funds to 
conduct activities on its behalf for the taking of marine mammals that 
occurs in the areas outlined in paragraph (b) of this section and that 
occur incidental to rocky intertidal monitoring research surveys.
    (b) The taking of marine mammals by UCSC/PISCO may be authorized in 
a Letter of Authorization (LOA) only if it occurs on the coasts of 
Oregon or California.



Sec.  217.101  Effective dates.

    Regulations in this subpart are effective from April 12, 2020 
through April 11, 2025.



Sec.  217.102  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.106, the Holder of the LOA (hereinafter ``UCSC/PISCO'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.100(b) by Level B harassment associated with 
rocky intertidal monitoring activities, provided the activity is in 
compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.



Sec.  217.103  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.100 and authorized 
by a LOA issued under Sec. Sec.  216.106 of this chapter and 217.106, no 
person in connection with the activities described in Sec.  217.100 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.106;
    (b) Take any marine mammal not specified in such LOA;
    (c) Take any marine mammal specified in such LOA in any manner other 
than as specified in Sec.  217.102;
    (d) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of

[[Page 134]]

such marine mammal for taking for subsistence uses.



Sec.  217.104  Mitigation requirements.

    When conducting the activities identified in Sec.  217.100(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 217.106 must be implemented. These mitigation 
measures shall include but are not limited to:
    (a) General conditions. (1) Researchers must observe a site from a 
distance for at least five minutes, using binoculars if necessary, to 
detect any marine mammals prior to approach to determine if mitigation 
is required (i.e., site surveys will not be conducted if other species 
of pinnipeds are present, researchers will approach with caution, 
walking slowly, quietly, and close to the ground to avoid surprising any 
hauled-out individuals and to reduce flushing/stampeding of 
individuals).
    (2) Researchers must avoid pinnipeds along access ways to sites by 
locating and taking a different access way. Researchers must keep a safe 
distance from and not approach any marine mammal while conducting 
research, unless it is absolutely necessary to approach a marine mammal 
in order to continue conducting research (i.e., if a site cannot be 
accessed or sampled due to the presence of pinnipeds).
    (3) Researchers must avoid making loud noises (i.e., using hushed 
voices) and keep bodies low to the ground in the visual presence of 
pinnipeds.
    (4) Researchers must monitor the offshore area for predators (such 
as killer whales and white sharks) and avoid flushing of pinnipeds when 
predators are observed in nearshore waters.
    (5) Researchers must promptly vacate sites at the conclusion of 
sampling.
    (b) Pup protection measure. Intentional approach must not occur if 
dependent pups are present to avoid mother/pup separation and trampling 
of pups. Staff shall reschedule work at sites where pups are present, 
unless other means of accomplishing the work can be done without causing 
disturbance to mothers and dependent pups.



Sec.  217.105  Requirements for monitoring and reporting.

    (a) Visual monitoring program. (1) Standard information recorded 
must include species counts (with numbers of pups/juveniles when 
possible) of animals present before approaching, numbers of observed 
disturbances, and descriptions of the disturbance behaviors during the 
monitoring surveys, including location, date, and time of the event.
    (2) UCSC/PISCO must note observations of:
    (i) Unusual behaviors, numbers, or distributions of pinnipeds, such 
that any potential follow-up research can be conducted by the 
appropriate personnel;
    (ii) Tag-bearing carcasses of pinnipeds, allowing transmittal of the 
information to appropriate agencies and personnel; and
    (iii) Rare or unusual species of marine mammals for agency follow-
up.
    (3) For consistency, any reactions by pinnipeds to researchers will 
be recorded according to a three-point scale shown in Table 1 to this 
paragraph (a)(3). Only observations of disturbance Levels 2 and 3 should 
be recorded as takes.

 Table 1 to Paragraph (a)(3)--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
         Level            Type of response            Definition
------------------------------------------------------------------------
1......................  Alert.............  Seal head orientation or
                                              brief movement in response
                                              to disturbance, which may
                                              include turning head
                                              towards the disturbance,
                                              craning head and neck
                                              while holding the body
                                              rigid in a u-shaped
                                              position, changing from a
                                              lying to a sitting
                                              position, or brief
                                              movement of less than
                                              twice the animal's body
                                              length.
2......................  Movement..........  Movements in response to
                                              the source of disturbance,
                                              ranging from short
                                              withdrawals at least twice
                                              the animal's body length
                                              to longer retreats over
                                              the beach, or if already
                                              moving a change of
                                              direction of greater than
                                              90 degrees.
3......................  Flush.............  All retreats (flushes) to
                                              the water.
------------------------------------------------------------------------


[[Page 135]]

    (4) Information regarding physical and biological conditions 
pertaining to a site, as well as the date and time that research was 
conducted are also noted.
    (b) Prohibited take. (1) If at any time the specified activity 
clearly causes the take of a marine mammal in a manner prohibited by 
this subpart or LOA, such as an injury (Level A harassment), serious 
injury, or mortality, UCSC/PISCO shall immediately cease the specified 
activities and report the incident to the Office of Protected Resources, 
NMFS, and the West Coast Regional Stranding Coordinator, NMFS. The 
report must include the following information:
    (i) Time and date of the incident;
    (ii) Description of the incident;
    (iii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (iv) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (v) Species identification or description of the animal(s) involved;
    (vi) Fate of the animal(s); and
    (vii) Photographs or video footage of the animal(s) (if equipment is 
available).
    (2) Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with UCSC/PISCO to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. UCSC/PISCO may not 
resume the activities until notified by NMFS via letter, email, or 
telephone.
    (c) Notification of dead or injured marine mammals. (1) In the event 
that UCSC/PISCO discovers an injured or dead marine mammal and 
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), UCSC/PISCO shall immediately report the incident to the 
Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinator, NMFS. The report must include the information 
identified in paragraph (b)(1) of this section. Activities may continue 
while NMFS reviews the circumstances of the incident. NMFS will work 
with UCSC/PISCO to determine whether additional mitigation measures or 
modifications to the activities are appropriate.
    (2) In the event that an injured or dead marine mammal is discovered 
and it is determined that the injury or death is not associated with or 
related to the activities authorized in this subpart and LOA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), UCSC/PISCO shall report the 
incident to the Office of Protected Resources, NMFS, and the West Coast 
Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. 
UCSC/PISCO shall provide photographs, video footage (if available), or 
other documentation of the stranded animal sighting to NMFS and the 
Marine Mammal Stranding Network. Activities may continue while NMFS 
reviews the circumstances of the incident.
    (d) Annual report. (1) A draft annual report shall be submitted to 
NMFS Office of Protected Resources within 90 days after the conclusion 
of each annual field season. The final annual report after year five may 
be included as part of the final report (see paragraph (e) of this 
section). The report must include a summary of the information gathered 
pursuant to the monitoring requirements set forth in paragraph (a) of 
this section and in the LOA.
    (2) A final annual report shall be submitted to the Director of the 
NMFS Office of Protected Resources within 30 days after receiving 
comments from NMFS on the draft annual report. If no comments are 
received from NMFS, the draft annual report will be considered the final 
report.
    (e) Final report. A draft final report shall be submitted to NMFS 
Office of Protected Resources within 60 days after the conclusion of the 
fifth year. A final report shall be submitted to the Director of the 
NMFS Office of Protected Resources and to the NMFS West Coast Regional 
Administrator within 30 days after receiving comments from NMFS on the 
draft final report. If no comments are received from NMFS, the draft 
final report will be considered the final report.

[[Page 136]]



Sec.  217.106  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to this subpart, 
UCSC/PISCO must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of this subpart.
    (c) If an LOA expires prior to the expiration date of this subpart, 
UCSC/PISCO may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, UCSC/PISCO must 
apply for and obtain a modification of the LOA as described in Sec.  
217.107.
    (e) The LOA shall set forth:
    (1) Permissible methods and numbers 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 this subpart.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.107  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.106 for the activity identified in Sec.  217.100(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for this subpart (excluding changes made 
pursuant to the adaptive management provision in paragraph (c)(1) of 
this section); and
    (2) NMFS' Office of Protected Resources determines that the 
mitigation, monitoring, and reporting measures required by the previous 
LOA under this subpart were implemented.
    (b) For an LOA modification or renewal requests by the applicant 
that include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for this subpart or result in no more than a minor change 
in the total estimated number of takes (or distribution by species or 
years), NMFS' Office of Protected Resources may publish a notice of 
proposed LOA in the Federal Register, including the associated analysis 
of the change, and solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.106 for the activity identified in Sec.  217.100(a) may be modified 
by NMFS' Office of Protected Resources under the following 
circumstances:
    (1) Adaptive management. NMFS' Office of Protected Resources may 
modify (including augment) the existing mitigation, monitoring, or 
reporting measures (after consulting with UCSC/PISCO 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 this subpart.
    (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 UCSC/PISCO'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 this subpart or 
subsequent LOAs.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS' 
Office of Protected Resources will publish a notice of proposed LOA in 
the Federal Register and solicit public comment.
    (2) Emergencies. If NMFS' Office of Protected Resources determines 
that an emergency exists that poses a significant risk to the well-being 
of the species or stocks of marine mammals

[[Page 137]]

specified in LOAs issued pursuant to Sec. Sec.  216.106 of this chapter 
and 217.106, an LOA may be modified without prior notice or opportunity 
for public comment. Notice would be published in the Federal Register 
within thirty days of the action.



Sec. Sec.  217.108--217.109  [Reserved]



    Subpart L_Taking and Importing Marine Mammals Incidental to Navy 
Construction of the Pier 3 Replacement Project at Naval Station Norfolk 
                          at Norfolk, Virginia

    Source: 88 FR 31654, May 18, 2023, unless otherwise noted.

    Effective Date Note: At 88 FR 31654, May 18, 2023, subpart L was 
added, effective May 18, 2023, through May 18, 2028.



Sec.  217.110  Specified activity and geographical region.

    (a) Regulations under this subpart apply only to the U.S. Navy 
(Navy) and those persons it authorizes or funds to conduct activities on 
its behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
construction activities related to the replacement of Pier 3 at Naval 
Station Norfolk at Norfolk, Virginia.
    (b) The taking of marine mammals by the Navy may be authorized in a 
Letter of Authorization (LOA) only if it occurs at Naval Station 
Norfolk, Norfolk, Virginia.



Sec.  217.111  Effective dates.

    Regulations under this subpart are effective from May 18, 2023, 
through May 18, 2028.



Sec.  217.112  Permissible methods of taking.

    Under an LOA issued pursuant to Sec. Sec.  216.106 of this chapter 
and 217.116, the Holder of the LOA (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in 217.110(b) by harassment associated with construction 
activities related to replacement of Pier 3, provided the activity is in 
compliance with all terms, conditions, and requirements of the 
regulations under this subpart and the applicable LOA.



Sec.  217.113  Prohibitions.

    (a) Except for the takings contemplated in Sec.  217.112 and 
authorized by a LOA issued under Sec. Sec.  216.106 of this chapter and 
217.116, it is unlawful for any person to do any of the following in 
connection with the activities described in Sec.  217.110:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.116;
    (2) Take any marine mammal not specified in such LOA;
    (3) Take any marine mammal specified in such LOA in any manner other 
than as specified;
    (4) Take a marine mammal specified in such LOA after NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (5) Take a marine mammal specified in such LOA after NMFS determined 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.
    (b) [Reserved]



Sec.  217.114  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  217.110(a), 
the mitigation measures contained under this subpart and any LOA issued 
under Sec. Sec.  216.106 of this chapter and 217.116 must be implemented 
by the Navy. These mitigation measures include:
    (1) A copy of any issued LOA must be in the possession of the Navy, 
supervisory construction personnel, lead protected species observers 
(PSOs), and any other relevant designees of the Navy operating under the 
authority of the LOA at all times that activities subject to the LOA are 
being conducted.
    (2) The Navy must ensure that construction supervisors and crews, 
the monitoring team, and relevant Navy staff are trained prior to the 
start of activities subject to any issued LOA, so that responsibilities, 
communication

[[Page 138]]

procedures, monitoring protocols, and operational procedures are clearly 
understood. New personnel joining during the project must be trained 
prior to commencing work.
    (3) The Navy, construction supervisors and crews, and relevant Navy 
staff must avoid direct physical interaction with marine mammals during 
construction activity. If a marine mammal comes within 10 m of such 
activity, operations must cease and vessels must reduce speed to the 
minimum level required to maintain steerage and safe working conditions, 
as necessary to avoid direct physical interaction.
    (4) The Navy must employ PSOs and establish monitoring locations as 
described in the NMFS-approved Marine Mammal Monitoring Plan. The Navy 
must monitor the project area to the maximum extent possible based on 
the required number of PSOs, required monitoring locations, and 
environmental conditions.
    (5) For all pile driving and drilling activity, the Navy shall 
implement shutdown zones with radial distances as identified in a LOA 
issued under Sec.  217.116. If a marine mammal is observed entering or 
within the shutdown zone, such operations must be delayed or halted.
    (6) Monitoring must take place from 30 minutes prior to initiation 
of pile driving or drilling activity (i.e., pre-start clearance 
monitoring) through 30 minutes post-completion of pile driving or 
drilling activity.
    (7) Pre-start clearance monitoring must be conducted during periods 
of visibility sufficient for the lead PSO to determine that the shutdown 
zones are clear of marine mammals. Pile driving and drilling may 
commence following 30 minutes of observation when the determination is 
made that the shutdown zones are clear of marine mammals.
    (8) Should environmental conditions deteriorate such that marine 
mammals within the entire shutdown zone would not be visible (e.g., fog, 
heavy rain, night), the Holder shall delay in-water construction 
activities until observers are confident marine mammals within the 
shutdown zone could be detected.
    (9) If pile driving and/or drilling is delayed or halted due to the 
presence of a marine mammal, the activity may not commence or resume 
until either the animal has voluntarily exited and been visually 
confirmed beyond the shutdown zone or 15 minutes have passed without re-
detection of the animal.
    (10) Pile driving activity must be halted upon observation of either 
a species for which incidental take is not authorized or a species for 
which incidental take has been authorized but the authorized number of 
takes has been met, entering or within the harassment zone.
    (11) The Navy must use soft start techniques when impact pile 
driving. Soft start requires contractors to provide an initial set of 
strikes at reduced energy, followed by a 30-second waiting period, then 
two subsequent reduced-energy strike sets. A soft start must be 
implemented at the start of each day's impact pile driving and at any 
time following cessation of impact pile driving for a period of 30 
minutes or longer.
    (b) [Reserved]



Sec.  217.115  Requirements for monitoring and reporting.

    (a) The Navy shall submit a Marine Mammal Monitoring Plan to NMFS 
for approval in advance of construction. Marine mammal monitoring must 
be conducted in accordance with the conditions in this section and the 
NMFS-approved Marine Mammal Monitoring Plan.
    (b) Monitoring must be conducted by qualified, NMFS-approved PSOs, 
in accordance with the following conditions:
    (1) PSOs must be independent of the activity contractor (for 
example, employed by a subcontractor) and have no other assigned tasks 
during monitoring periods.
    (2) At least one PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization.
    (3) Other PSOs may substitute other relevant experience, education 
(degree in biological science or related field), or training for prior 
experience performing the duties of a PSO during construction activity 
pursuant to a NMFS-issued incidental take authorization.

[[Page 139]]

    (4) One PSO must be designated as lead PSO or monitoring 
coordinator. The lead PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization.
    (5) PSOs must be approved by NMFS prior to beginning any activity 
subject to any issued LOA.
    (6) For all pile driving activities, a minimum of two PSOs shall be 
stationed at the best vantage points practicable to monitor for marine 
mammals and implement shutdown/delay procedures.
    (7) For all pile driving activities, a minimum of two PSOs shall be 
stationed at the active pile driving site, docks, or piers to monitor 
the harassment and shutdown zones, and as described in the Marine Mammal 
Monitoring Plan. For shutdown zones exceeding 1,000 m, a minimum of 
three PSOs shall be stationed appropriately, as described in the Marine 
Mammal Monitoring Plan, to monitor the entire shutdown zone.
    (8) The Navy shall monitor the harassment zones to the extent 
practicable and the entire shutdown zones. The Navy shall monitor at 
least a portion of the Level B harassment zone on all pile driving days.
    (9) The Navy shall conduct hydroacoustic data collection in 
accordance with a Marine Mammal Monitoring Plan that must be approved by 
NMFS in advance of construction.
    (10) The shutdown/monitoring zones may be modified with NMFS' 
approval following NMFS' acceptance of an acoustic monitoring report.
    (11) The Navy must submit a draft monitoring report to NMFS within 
90 calendar days of the completion of each construction year. A draft 
comprehensive 5-year summary report must also be submitted to NMFS 
within 90 days of the end of the project. The reports must detail the 
monitoring protocol and summarize the data recorded during monitoring. 
Final annual reports and the final comprehensive report must be prepared 
and submitted within 30 days following resolution of any NMFS comments 
on the draft report. If no comments are received from NMFS within 30 
days of receipt of the draft report, the report must be considered 
final. If comments are received, a final report addressing NMFS comments 
must be submitted within 30 days after receipt of comments. The reports 
must, at minimum, contain the informational elements described below (as 
well as any additional information described in the Marine Mammal 
Monitoring Plan), including:
    (i) Dates and times (begin and end) of all marine mammal monitoring;
    (ii) Construction activities occurring during each daily observation 
period, including the number and type of piles that were driven or 
removed and by what method (i.e., impact, vibratory or drilling), total 
duration of driving time for each pile (vibratory and drilling) and 
number of strikes for each pile (impact);
    (iii) PSO locations during marine mammal monitoring;
    (iv) Environmental conditions during monitoring periods (at 
beginning and end of PSO shift and whenever conditions change 
significantly), including Beaufort sea state and any other relevant 
weather conditions including cloud cover, fog, sun glare, and overall 
visibility to the horizon, and estimated observable distance;
    (v) Upon observation of a marine mammal, the follow information:
    (A) Name of PSO who sighted the animal(s) and PSO location and 
activity at time of sighting;
    (B) Time of sighting;
    (C) Identification of the animal(s) (e.g., genus/species, lowest 
possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species;
    (D) Distance and location of each observed marine mammal relative to 
the pile being driven for each sighting;
    (E) Estimated number of animals (min/max/best estimate);
    (F) Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, etc.); and
    (G) Animal's closest point of approach and estimated time spent 
within the harassment zone.
    (vi) Description of any marine mammal behavioral observations (e.g., 
observed behaviors such as feeding or traveling), including an 
assessment of

[[Page 140]]

behavioral responses thought to have resulted form the activity (e.g., 
no response or changes in behavioral state such as ceasing feeding, 
changing direction, flushing, or breaching);
    (vii) Number of marine mammals detected within the harassment zones, 
by species; and
    (viii) Detailed information about implementation of any mitigation 
(e.g., shutdown and delays), a description of specific actions that 
ensued, and resulting changes in behavior of the animal(s), if any.
    (12) The Holder must submit all PSO datasheets and/or raw sighting 
data within the draft report.
    (13) All draft and final monitoring reports must be submitted to 
[email protected] and [email protected].
    (14) The Navy must report hydroacoustic data collected as required 
by a LOA issued under Sec. Sec.  216.106 of this chapter and 217.116 and 
as discussed in the Navy's Marine Mammal Monitoring Plan approved by 
NMFS.
    (15) In the event that personnel involved in the construction 
activities discover an injured or dead marine mammal, the Navy shall 
report the incident to the Office of Protected Resources, NMFS and to 
the Greater Atlantic Region New England/Mid-Atlantic Regional Stranding 
Coordinator as soon as feasible. If the death or injury was clearly 
caused by the specified activity, the Navy must immediately cease the 
specified activities until NMFS is able to review the circumstances of 
the incident and determine what, if any, additional measures are 
appropriate to ensure compliance with the terms of the authorization. 
The Navy must not resume their activities until notified by NMFS. The 
report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.



Sec.  217.116  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
under this subpart, the Navy must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of the regulations 
under this subpart.
    (c) If an LOA expires prior to the expiration date of the 
regulations under this subpart, the Navy may apply for and obtain a 
renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the Navy must 
apply for and obtain a modification of the LOA as described in Sec.  
217.116.
    (e) The LOA must set forth the following information:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA must be based on a determination that the 
level of taking must be consistent with the findings made for the total 
taking allowable under the regulations under this subpart.
    (g) Notice of issuance or denial of an LOA must be published in the 
Federal Register within 30 days of a determination.



Sec.  217.117  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.116 for the activity identified in Sec.  217.110(a) may be renewed 
or modified upon request by the applicant, provided that:
    (1) The specified activity and mitigation, monitoring, and reporting 
measures, as well as the anticipated impacts, are the same as those 
described

[[Page 141]]

and analyzed for the regulations under this subpart; and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under the regulations under this 
subpart were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or the mitigation, monitoring, or 
reporting 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 of this chapter and 
217.116 for the activity identified in Sec.  217.110(a) may be modified 
by NMFS under the following circumstances:
    (1) NMFS may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with Navy regarding 
the practicability of the modifications) if doing so creates a 
reasonable likelihood of more effectively accomplishing the goals of the 
mitigation and monitoring for the regulations under this subpart;
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in a LOA:
    (A) Results from Navy's monitoring from previous years;
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent or number not authorized by the regulations under 
this subpart or subsequent LOAs; and
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS must 
publish a notice of proposed LOA in the Federal Register and solicit 
public comment;
    (2) 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 in a LOA issued pursuant to Sec. Sec.  216.106 of this 
chapter and 217.116, a 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.



Sec. Sec.  217.118-217.119  [Reserved]



     Subpart M_Taking Marine Mammals Incidental to Seabird Research 
                    Activities in Central California

    Source: 86 FR 27998, May 25, 2021, unless otherwise noted.

    Effective Date Note: At 86 FR 27998, May 25, 2021, subpart M was 
added, effective July 1, 2021, through June 30, 2026.



Sec.  217.120  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the incidental taking 
of marine mammals during seabird research activities by Point Blue 
Conservation Science (Point Blue) and those persons it authorizes or 
funds to conduct activities on its behalf in the areas outlined in 
paragraph (b) of this section.
    (b) The incidental taking of marine mammals by Point Blue may only 
occur in California on Southeast Farallon Island, A[ntilde]o Nuevo 
Island, and Point Reyes National Seashore in accordance with a Letter of 
Authorization (LOA) issued under Sec. Sec.  216.106 of this chapter and 
217.126.



Sec.  217.121  Effective dates.

    Regulations in this subpart are effective from July 1, 2021, through 
June 30, 2026.



Sec.  217.122  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.126, the Holder of the LOA (hereinafter ``Point Blue'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.120(b) by Level B harassment associated with 
seabird research activities, provided the activity is in compliance with 
all terms, conditions, and requirements of the regulations in this 
subpart and the appropriate LOA.

[[Page 142]]



Sec.  217.123  Prohibitions.

    Except for the takings contemplated in Sec.  217.120 and authorized 
by a LOA issued under Sec. Sec.  216.106 of this chapter and 217.126, it 
is unlawful for any person to do any of the following in connection with 
the activities described in Sec.  217.120 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.126;
    (b) Take any marine mammal not specified in such LOA;
    (c) Take any marine mammal specified in such LOA in any manner other 
than as specified in Sec.  217.122;
    (d) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  217.124  Mitigation requirements.

    When conducting the activities identified in Sec.  217.120(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 217.126 must be implemented. These mitigation 
measures shall include but are not limited to the following general 
conditions:
    (a) All persons must slowly approach beaches for boat landings. Boat 
landings must avoid causing stampede and provide marine mammals with an 
opportunity to safely enter the water. Vessel strikes are prohibited.
    (b) All persons must observe a site from a distance, using 
binoculars if necessary, to detect any marine mammals prior to approach 
to determine if mitigation is required (i.e., if pinnipeds are present, 
researchers must approach with caution, walking slowly, quietly, and 
close to the ground to avoid surprising any hauled-out marine mammals 
and to reduce flushing/stampeding of individuals).
    (c) All persons must avoid pinnipeds along access ways to sites by 
locating and taking a different access way. Researchers must keep a safe 
distance from and not approach any marine mammal while conducting 
research, unless it is absolutely necessary to flush a marine mammal in 
order to continue conducting research (i.e., if a site cannot be 
accessed or sampled due to the presence of pinnipeds).
    (d) All persons must avoid visits to sites when pups are present, if 
the number of takes that have been authorized are met, or if species for 
which authorization has not been granted are present.
    (e) All persons must monitor for offshore predators and must not 
approach hauled out pinnipeds if great white sharks (Carcharodon 
carcharias) or killer whales (Orcinus orca) are observed to be present. 
If Point Blue and/or its designees see pinniped predators in the area, 
they must not disturb the pinnipeds until the lead biologist determines 
the area is free of predators based on best professional judgment.
    (f) All persons must keep voices hushed and bodies low to the ground 
in the visual presence of pinnipeds.
    (g) All persons must conduct seabird observations at North Landing 
on Southeast Farallon Island in an observation blind, shielded from the 
view of hauled out pinnipeds.
    (h) All persons must crawl slowly to access seabird nest boxes on 
A[ntilde]o Nuevo Island if pinnipeds are within view.
    (i) Researchers must coordinate research visits to intertidal areas 
of Southeast Farallon Island and coordinate research activities for 
A[ntilde]o Nuevo Island to minimize the number of trips to these areas.



Sec.  217.125  Requirements for monitoring and reporting.

    (a) Visual monitoring. When conducting activities under an LOA, 
Point Blue must conduct a visual monitoring program and record 
information as required by the LOA and this subpart.
    (1) Standard information recorded must include species counts (with 
age/sex classes noted when possible) of animals present before 
approaching, numbers of observed disturbances, and descriptions of the 
disturbance behaviors during the monitoring surveys, including location, 
date, and time of the event.

[[Page 143]]

    (2) The lead biologist must serve as an observer to record 
incidental take.
    (3) The lead biologist must record the following:
    (i) The date, time, and location (or closest point of ingress) of 
each visit to the research site;
    (ii) Composition of the marine mammals sighted, such as species, 
sex, and life history stage (e.g., adult, sub-adult, pup);
    (iii) The number (by species) of marine mammals observed during the 
activities;
    (iv) Estimated number of marine mammals (by species) that may have 
been disturbed during the activities, using a three-point scale of 
disturbance contained in an LOA issued under Sec. Sec.  216.106 of this 
chapter and 217.126. Disturbance Levels 2 and 3 must be recorded as 
takes;
    (v) Behavioral responses or modifications in behaviors that may be 
attributed to the specific activities and a description of the specific 
activities occurring during that time (e.g., pedestrian approach, vessel 
approach);
    (vi) Information on the weather, including the tidal state and 
horizontal visibility; and
    (vii) If applicable, note the presence of any offshore predators 
(date, time, number, and species).
    (4) Point Blue must report observations of unusual behaviors, 
numbers, or distributions of pinnipeds, or of tag-bearing carcasses, to 
the NMFS West Coast Regional Office.
    (b) Prohibited take. (1) In the event that personnel discovers an 
injured or dead marine mammal, Point Blue shall report the incident to 
the Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinator, NMFS as soon as feasible. If the death or injury 
was caused by Point Blue's activities, Point Blue must immediately cease 
activities conducted under its LOA until NMFS is able to review the 
circumstances of the incident and determine what, if any, additional 
measures are appropriate to ensure compliance with the terms of the LOA. 
Point Blue must not resume their activities until notified by NMFS. The 
report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.
    (c) Annual report. (1) A draft annual report covering the period of 
January 1 through December 31 of each year must be submitted to NMFS 
Office of Protected Resources by April 1 of each year. The final annual 
report after year five may be included as part of the final report (see 
below). The report must include the information gathered pursuant to the 
monitoring requirements set forth above and in the LOA at minimum, and 
must also include raw sightings data.
    (2) A final annual report must be submitted to the Director of the 
NMFS Office of Protected Resources within 30 days after receiving 
comments from NMFS on the draft annual report. If no comments are 
received from NMFS, the draft annual report will be considered the final 
report.
    (d) Final report. A draft final report must be submitted to NMFS 
Office of Protected Resources within 60 days after the conclusion of the 
fifth year. A final report must be submitted to the Director of the NMFS 
Office of Protected Resources within 30 days after receiving comments 
from NMFS on the draft final report. If no comments are received from 
NMFS, the draft final report will be considered the final report.



Sec.  217.126  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, Point Blue must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.

[[Page 144]]

    (c) If an LOA expires prior to the expiration date of these 
regulations, Point Blue may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, Point Blue must 
apply for and obtain a modification of the LOA as described in Sec.  
217.127.
    (e) The LOA shall set forth:
    (1) Permissible methods and numbers of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  217.127  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.126 for the activity identified in Sec.  217.120(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section), and
    (2) NMFS' Office of Protected Resources determines that the 
mitigation, monitoring, and reporting measures required by the previous 
LOA under these regulations were implemented.
    (b) For an LOA modification or renewal requests by the applicant 
that includes changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), NMFS' Office of Protected Resources may publish a 
notice of proposed LOA in the Federal Register, including the associated 
analysis of the change, and solicit public comment before issuing the 
LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.126 for the activity identified in Sec.  217.120(a) may be modified 
by NMFS' Office of Protected Resources under the following 
circumstances:
    (1) Adaptive management--NMFS' Office of Protected Resources may 
modify (including augment) the existing mitigation, monitoring, or 
reporting measures (after consulting with Point Blue 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 
include:
    (A) Results from Point Blue's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (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' 
Office of Protected Resources will publish a notice of proposed LOA in 
the Federal Register and solicit public comment.
    (2) Emergencies. If NMFS' Office of Protected Resources determines 
that an emergency exists that poses a significant risk to the well-being 
of the species or stocks of marine mammals specified in LOAs issued 
pursuant to Sec. Sec.  216.106 of this chapter and 217.126, an LOA may 
be modified without prior notice or opportunity for public comment. 
Notice would be published in the

[[Page 145]]

Federal Register within thirty days of the action.



Sec. Sec.  217.128-217.129  [Reserved]



 Subpart N_Subpart N_Taking and Importing Marine Mammals Incidental to 
   U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine

    Source: 88 FR 19539, Mar. 31, 2023, unless otherwise noted.

    Effective Date Note: At 88 FR 19539, Mar. 31, 2023, subpart N was 
added, effective Apr. 1, 2023, through Mar. 31, 2028



Sec.  217.130  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to taking of marine 
mammals by the U.S. Navy (Navy) and those persons it authorizes or funds 
to conduct activities that occur incidental to construction activities 
related to the multifunctional expansion and modification of Dry Dock 1 
in the areas outlined in paragraph (b) of this section.
    (b) The taking of marine mammals by the Navy may be authorized in a 
Letter of Authorization (LOA) only if it occurs at Portsmouth Naval 
Shipyard, Kittery, Maine.



Sec.  217.131  Effective dates.

    Regulations in this subpart are effective for a period of 5 years 
from the date of issuance.



Sec.  217.132  Permissible methods of taking.

    Under an LOA issued pursuant to Sec.  216.106 of this chapter and 
Sec.  217.136, the Holder of the LOA (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.130(b) by harassment associated with construction 
activities related to the multifunctional expansion and modification of 
Dry Dock 1, provided the activity is in compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
applicable LOA.



Sec.  217.133  Prohibitions.

    (a) Except for the takings contemplated in Sec.  217.132 and 
authorized by a LOA issued under Sec.  216.106 of this chapter and Sec.  
217.136, it is unlawful for any person to do any of the following in 
connection with the activities described in Sec.  217.130:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec.  216.106 of this 
chapter and Sec.  217.136;
    (2) Take any marine mammal not specified in such LOA;
    (3) Take any marine mammal specified in such LOA in any manner other 
than as specified;
    (4) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (5) Take a marine mammal specified in such LOA after NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.
    (b) [Reserved]



Sec.  217.134  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  217.130(a), 
the mitigation measures contained in this subpart and any LOA issued 
under Sec.  216.106 of this chapter and Sec.  217.136 must be 
implemented. These mitigation measures include:
    (1) A copy of any issued LOA must be in the possession of the Navy, 
its designees, and work crew personnel operating under the authority of 
the issued LOA at all times that activities subject to this LOA are 
being conducted.
    (2) Should environmental conditions deteriorate such that marine 
mammals within the entire shutdown zone would not be visible (e.g., fog, 
heavy rain, night), the Navy shall delay pile driving and drilling until 
observers are confident marine mammals within the shutdown zone could be 
detected.
    (3) The Navy must ensure that construction supervisors and crews, 
the monitoring team, and relevant Navy staff are trained prior to the 
start of construction activity subject to this

[[Page 146]]

rule, so that responsibilities, communication procedures, monitoring 
protocols, and operational procedures are clearly understood. New 
personnel joining during the project will be trained prior to commencing 
work.
    (4) The Navy, construction supervisors and crews, protected species 
observers (PSOs), and relevant Navy staff must avoid direct physical 
interaction with marine mammals during construction activity. If a 
marine mammal comes within 10 m of such activity, operations will cease 
and vessels will reduce speed to the minimum level required to maintain 
steerage and safe working conditions, as necessary, to avoid direct 
physical interaction.
    (5) The Navy must monitor the project area to the maximum extent 
possible based on the required number of PSOs, required monitoring 
locations, and environmental conditions as described in this rule and 
the NMFS-approved Marine Mammal Monitoring Plan.
    (6) Monitoring must take place from 30 minutes prior to initiation 
of pile driving or drilling activity (i.e., pre-start clearance 
monitoring) through 30 minutes post-completion of pile driving or 
drilling activity.
    (7) For all pile driving and drilling activities, the Navy must 
implement shutdown zones with radial distances as identified in a LOA 
issued under Sec.  216.106 of this chapter and Sec.  217.136. If a 
marine mammal comes within or approaches the shutdown zone, such 
operations must cease.
    (8) In the event of a delay or shutdown of activity resulting from 
marine mammals in the shutdown zone, animals must be allowed to remain 
in the shutdown zone (i.e., must leave of their own volition) and their 
behavior must be monitored and documented. If a marine mammal is 
observed within the shutdown zone, pile driving or drilling activities 
may not commence or resume until at least one of the following 
conditions has been met:
    (i) The animal has been observed exiting the shutdown zone;
    (ii) The animal is thought to have exited the shutdown zone based on 
a determination of its course, speed, and movement relative to the pile 
driving location; or
    (iii) The shutdown zone has been clear from any additional sightings 
for fifteen minutes.
    (9) If pile driving or drilling construction activities cease for 
more than 30 minutes, the pre-activity monitoring of the shutdown zone 
must commence.
    (10) The Navy must conduct monitoring to include the entire region 
of influence, which includes the area within the Level A and Level B 
harassment zones with radial distances as identified in a LOA issued 
under Sec.  216.106 of this chapter and Sec.  217.136.
    (11) The Navy must use soft start techniques when impact pile 
driving. Soft start requires contractors to provide an initial set of 
strikes from the hammer at reduced energy, followed by a 30-second 
waiting period, then two subsequent reduced-energy strike sets. A soft 
start will be implemented at the start of each day's impact pile driving 
and at any time following cessation of impact pile driving for a period 
of 30 minutes or longer.
    (12) The Navy must install a bubble curtain across the entrance 
openings during DTH cluster drill and hydraulic rock hammering 
activities. The bubble curtain must adhere to the following 
restrictions:
    (i) The bubble curtain must distribute air bubbles across 100 
percent of the entrance openings for the full depth of the water column;
    (ii) The lowest bubble ring must be in contact with the substrate 
for the full extent of the curtain, and the weights attached to the 
bottom of the curtain must ensure 100 percent substrate contact. No 
parts of the curtain or other objects shall prevent full substrate 
contact; and
    (iii) Air flow to the bubblers must be balanced across the entrance 
openings to the super flood basin.
    (iv) The Navy shall require that construction contractors train 
personnel in the proper balancing of air flow to the bubblers and 
corrections to the attenuation device to meet the performance standards. 
This shall occur prior to the initiation of in-water construction 
activities.
    (13) The bubble curtain may be discontinued for certain activities 
should the results of hydroacoustic recordings inside the bubble curtain 
show that the

[[Page 147]]

source levels from those activities do not result in the Level A 
harassment thresholds being achieved across the entire region of 
influence, upon review of the data by NMFS.
    (14) Pile driving and drilling activity must be halted upon 
observation of either a species entering or within the harassment zone 
for which incidental take is not authorized, or a species for which 
incidental take has been authorized but the authorized number of takes 
has been met.
    (b) [Reserved]



Sec.  217.135  Requirements for monitoring and reporting.

    (a) Marine Mammal monitoring must be conducted in accordance with 
the conditions in this section and the Marine Mammal Monitoring Plan. 
The Navy must submit a Marine Mammal Monitoring Plan to NMFS for 
approval in advance of construction.
    (b) Monitoring must be conducted by qualified PSOs in accordance 
with the following conditions:
    (1) PSOs must be independent (i.e., not construction personnel) and 
have no other assigned tasks during monitoring periods.
    (2) At least one PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization.
    (3) Other PSOs may substitute relevant experience, education (degree 
in biological science or related field), or training for prior 
experience performing the duties of a PSO during construction activity 
pursuant to a NMFS-issued incidental take authorization.
    (4) Where a team of three PSOs are required, a lead observer or 
monitoring coordinator shall be designated. The lead observer must have 
prior experience performing the duties of a PSO during construction 
activity pursuant to a NMFS-issued incidental take authorization; and
    (5) One PSO must be designated as lead PSO or monitoring 
coordinator. The lead PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization.
    (6) PSOs must work in shifts to reduce fatigue and ensure their 
ability to monitor for marine mammals.
    (7) PSOs must be approved by NMFS prior to beginning any activity 
subject to this LOA.
    (c) For all pile driving activities, a minimum of three PSOs must be 
stationed on boats, docks, or piers sufficient to monitor the harassment 
and shutdown zones, and as described in the Marine Mammal Monitoring 
Plan.
    (d) PSOs must record all observations of marine mammals, regardless 
of distance from the pile/hole being driven/drilled or the construction 
activity taking place (i.e., DTH, rotary drilling, rock hammering), as 
well as additional data indicated in the reporting requirements.
    (e) The Navy must conduct hydroacoustic data collection (sound 
source verification and propagation loss) as described in a LOA and in 
accordance with a hydroacoustic monitoring plan that must be approved by 
NMFS in advance of construction. This plan shall include acoustic 
monitoring inside the bubble curtain to measure construction generated 
noise levels.
    (f) The harassment and/or shutdown zones may be modified with NMFS' 
approval following NMFS' acceptance of an acoustic monitoring report.
    (g) The Navy must submit a draft monitoring report to NMFS within 90 
work days of the completion of required monitoring for each portion of 
the project as well as a comprehensive summary report at the end of the 
project. The reports will detail the monitoring protocol and summarize 
the data recorded during monitoring. Final annual reports (each portion 
of the project and comprehensive) must be prepared and submitted within 
30 days following resolution of any NMFS comments on the draft report. 
If no comments are received from NMFS within 30 days of receipt of the 
draft report, the report must be considered final. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.
    (h) All draft and final monitoring reports must be submitted to 
[email protected] and [email protected].

[[Page 148]]

    (i) The reports must at minimum contain the informational elements 
described as follows (as well as any additional information described in 
the Marine Mammal Monitoring Plan), including:
    (1) Dates and times (begin and end) of all marine mammal monitoring.
    (2) Construction activities occurring during each daily observation 
period, including:
    (i) The number and type of piles that were driven or removed and by 
what method (i.e., impact, vibratory, DTH, rotary drilling, rock 
hammering.
    (ii) The total duration of driving time for each pile/hole 
(vibratory driving, rotary drilling) and number of strikes for each 
pile/hole (impact driving, hydraulic rock hammering).
    (iii) For DTH, the duration of operation for both impulsive and non-
pulse components as well as the strike rate.
    (3) PSO locations during marine mammal monitoring.
    (4) Environmental conditions during monitoring periods (at beginning 
and end of PSO shift and whenever conditions change significantly), 
including Beaufort sea state and any other relevant weather conditions 
including cloud cover, fog, sun glare, and overall visibility to the 
horizon, and estimated observable distance (if less than the harassment 
zone distance);
    (5) Upon observation of a marine mammal, the following information:
    (i) Name of PSO who sighted the animal(s) and PSO location, as well 
as the activity at the time of the sighting;
    (ii) Time of sighting;
    (iii) Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species;
    (iv) Distances and bearings of each marine mammal observed in 
relation to the pile being driven or drilled for each sighting (if pile 
driving or drilling was occurring at time of sighting).
    (v) Estimated number of animals (min/max/best estimate);
    (vi) Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, etc.);
    (vii) Animal's closest point of approach and estimated time spent 
within the harassment zone;
    (viii) Description of any marine mammal behavioral observations 
(e.g., observed behaviors such as feeding or traveling), including an 
assessment of behavioral responses to the activity (e.g., no response or 
changes in behavioral state such as ceasing feeding, changing direction, 
flushing, or breaching);
    (6) Number of marine mammals detected within the harassment zones, 
by species;
    (7) Detailed information about any implementation of any mitigation 
(e.g., shutdowns and delays), a description of specific actions that 
ensued, and resulting changes in the behavior of the animal, if any; and
    (j) The Holder will submit all PSO datasheets and/or raw sightings 
data with the draft reports.
    (k) The Navy must report the hydroacoustic data collected as 
required by a LOA issued under Sec.  216.106 of this chapter and Sec.  
217.136 and as described in the Acoustic Monitoring Plan, which at a 
minimum, must include:
    (1) Hydrophone equipment and methods: recording device, sampling 
rate, distance (m) from the pile where recordings were made; depth of 
water and recording device(s);
    (2) Type and size of pile being driven, substrate type, method of 
driving during recordings (e.g., hammer model and energy), and total 
pile driving duration;
    (3) Whether a sound attenuation device is used and, if so, a 
detailed description of the device used and the duration of its use per 
pile;
    (4) For impact pile driving and/or DTH excavation (DTH mono-hammer 
and cluster drill) (per pile/hole): Number of strikes and strike rate; 
depth of substrate to penetrate; pulse duration and mean, median, and 
maximum sound levels (dB re: 1 [micro]Pa): root mean square sound 
pressure level (SPLrms); cumulative sound exposure level (SELcum), peak 
sound pressure level (SPLpeak), and single-strike sound exposure level 
(SELss);
    (5) For vibratory driving/removal, rotary drilling, and/or DTH 
excavation

[[Page 149]]

(DTH mono-hammer and cluster drill) (per pile/hole): Duration of driving 
per pile; mean, median, and maximum sound levels (dB re: 1 [micro]Pa): 
root mean square sound pressure level (SPLrms), cumulative sound 
exposure level (SELcum) (and timeframe over which the sound is 
averaged);
    (6) One-third octave band spectrum and power spectral density plot; 
and
    (7) General Daily Site Conditions, including the date and time of 
activities, and environmental data such as wind speed and direction, air 
temperature, humidity, surface water temperature, tidal state, water 
depth, wave height, weather conditions, and other factors that could 
contribute to influencing the airborne and underwater sound levels 
(e.g., aircraft, boats, etc.).
    (l) In the event that personnel involved in the construction 
activities discover an injured or dead marine mammal, the Navy must 
report incident to the Office of Protected Resources (OPR), NMFS 
([email protected] and [email protected]) and to 
the Greater Atlantic Region New England/Mid-Atlantic Regional Stranding 
Coordinator (978-282-8478 or 978-281-9291) as soon as feasible. If the 
death or injury was clearly caused by the specified activity, the Navy 
must immediately cease the specified activities until NMFS OPR is able 
to review the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of this rule and the LOA issued under Sec.  216.106 of this chapter and 
Sec.  217.136. The Navy will not resume their activities until notified 
by NMFS. The report must include the following information:
    (1) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (2) Species identification (if known) or description of the 
animal(s) involved;
    (3) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (4) Observed behaviors of the animal(s), if alive;
    (5) If available, photographs or video footage of the animal(s); and
    (6) General circumstances under which the animal was discovered.



Sec.  217.136  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to this subpart, 
the Navy must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, the Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the Navy must 
apply for and obtain a modification of the LOA as described in Sec.  
217.137.
    (e) The LOA will set forth the following information:
    (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 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.
    (g) Notice of issuance or denial of an LOA will be published in the 
Federal Register within 30 days of a determination.



Sec.  217.137  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec.  216.106 of this chapter and Sec.  
217.136 for the activity identified in Sec.  217.130(a) may 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; and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA

[[Page 150]]

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 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.  216.106 of this chapter and Sec.  
217.136 for the activity identified in Sec.  217.130(a) may be modified 
by NMFS under the following circumstances:
    (1) NMFS may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with Navy 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 a LOA:
    (A) Results from Navy's monitoring from previous years;
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (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; and
    (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) 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 in a LOA issued pursuant to Sec.  216.106 of this 
chapter and Sec.  217.136, a LOA may be modified without prior public 
notice or opportunity for public comment. Notification would be 
published in the Federal Register within 30 days of the action.



Sec.  217.138-217.139  [Reserved]



 Subpart P_Taking Marine Mammals Incidental to Ice Roads and Ice Trails 
          Construction and Maintenance on Alaska's North Slope

    Source: 85 FR 83471, Dec. 22, 2020, unless otherwise noted.

    Effective Date Note: At 85 FR 83471, Dec. 22, 2020, subpart P was 
added, effective Dec. 22, 2020, through Nov. 30, 2025



Sec.  217.150  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to Hilcorp Alaska, LLC 
(Hilcorp) and Eni US Operating Co. Inc. (Eni) and those persons they 
authorize or fund to conduct activities on their behalf for the taking 
of marine mammals that occurs in the areas outlined in paragraph (b) of 
this section and that occurs incidental to construction and maintenance 
of ice roads and ice trails.
    (b) The taking of marine mammals by Hilcorp and Eni may be 
authorized in two Letters of Authorization (LOAs) only if it occurs on 
Alaska's North Slope.



Sec.  217.151  Effective dates.

    Regulations in this subpart are effective from December 22, 2020 
through November 30, 2025.



Sec.  217.152  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.156, the Holders of the LOAs (hereinafter ``Hilcorp'' and ``Eni'') 
may incidentally, but not intentionally, take marine mammals within the 
area described in Sec.  217.150(b) by mortality, serious injury, Level A 
harassment, or Level B harassment associated with ice road and ice trail 
construction and maintenance activities, provided the activities are in 
compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOAs.

[[Page 151]]



Sec.  217.153  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.152 and authorized 
by the LOAs issued under Sec. Sec.  216.106 of this chapter and 217.156, 
no person in connection with the activities described in Sec.  217.150 
may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 217.156;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  217.154  Mitigation requirements.

    When conducting the activities identified in Sec.  217.150(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 217.156 must be implemented. These mitigation 
measures shall include but are not limited to:
    (a) General conditions. (1) Hilcorp and Eni must renew, on an annual 
basis, the Plans of Cooperation (POCs), throughout the life of the 
regulations;
    (2) Copies of any issued LOAs must be in the possession of Hilcorp 
and Eni, their designees, and work crew personnel operating under the 
authority of the issued LOAs; and
    (3) Prior to initiation of sea ice road- and ice trail-related 
activities, project personnel associated with ice road construction, 
maintenance, use or decommissioning must receive annual training on 
implementing mitigation and monitoring measures:
    (i) Personnel must be advised that interactions with, or 
approaching, any wildlife is prohibited;
    (ii) Annual training must also include reviewing Hilcorp and Eni's 
Wildlife Management Plan; and
    (iii) In addition to the mitigation and monitoring plans, other 
topics in the training must include:
    (A) Ringed seal identification and brief life history;
    (B) Physical environment (habitat characteristics and how to 
potentially identify habitat);
    (C) Ringed seal use in the ice road region (timing, location, 
habitat use, birthing lairs, breathing holes, basking, etc.);
    (D) Potential effects of disturbance; and
    (E) Importance of lairs, breathing holes and basking to ringed 
seals.
    (b) General mitigation measures throughout the Ice Road/Trail Season 
(December through May). (1) Ice road/trail speed limits must be no 
greater than 72.4 km (45 miles) per hour (mph); speed limits must be 
determined on a case-by-case basis based on environmental, road 
conditions and ice road/trail longevity considerations;
    (2) Following existing safety measures, delineators must mark the 
roadway in a minimum of 0.4 km (\1/4\-mile) increments on both sides of 
the ice road to delineate the path of vehicle travel and areas of 
planned on-ice activities (e.g., emergency response exercises). 
Following existing safety measures currently used for ice trails, 
delineators must mark one side of an ice trail a minimum of every 0.4 km 
(\1/4\ mile). Delineators must be color-coded, following existing safety 
protocol, to indicate the direction of travel and location of the ice 
road or trail;
    (3) Corners of rig mats, steel plates, and other materials used to 
bridge sections of hazardous ice, must be clearly marked or mapped using 
GPS coordinates of the locations; and
    (4) Personnel must be instructed to remain in the vehicle and safely 
continue, if they encounter a ringed seal while driving on the road.
    (c) Additional mitigation measures after March 1st. In addition to 
the general mitigation measures listed in Sec.  217.154(b), the 
following measures must also be implemented after March 1st:
    (1) Ice road/trail construction, maintenance and decommissioning 
must be performed within the boundaries of the road/trail and shoulders, 
with most

[[Page 152]]

work occurring within the driving lane. To the extent practicable and 
when safety of personnel is ensured, equipment must travel within the 
driving lane and shoulder areas.
    (2) Blading and snow blowing of ice roads must be limited to the 
previously disturbed ice road/shoulder areas to the extent safe and 
practicable. Snow must be plowed or blown from the ice road surface.
    (3) In the event snow is accumulating on a road within a 50 m (164 
ft) radius of an identified downwind seal or seal lair, operational 
measures must be used to avoid seal impacts, such as pushing snow 
further down the road before blowing it off the roadway. Vehicles must 
not stop within 50 m (164 ft) of identified seals or within 150 m (500 
ft) of known seal lairs.
    (4) To the extent practicable and when safety of personnel is 
ensured, tracked vehicle operation must be limited to the previously 
disturbed ice trail areas. When safety requires a new ice trail to be 
constructed after March 1st, construction activities such as drilling 
holes in the ice to determine ice quality and thickness, must be 
conducted only during daylight hours with good visibility.
    (5) Ringed seal structures must be avoided by a minimum of 50 m (164 
ft) during ice testing and new trail construction.
    (6) Once the new ice trail is established, tracked vehicle operation 
must be limited to the disturbed area to the extent practicable and when 
safety of personnel is ensured.
    (7) If a seal is observed on ice within 50 m (164 ft) of the 
centerline of the ice road/trail, the following mitigation measures must 
be implemented:
    (i) Construction, maintenance or decommissioning activities 
associated with ice roads and trails must not occur within 50 m (164 ft) 
of the observed ringed seal, but may proceed as soon as the ringed seal, 
of its own accord, moves farther than 50 m (164 ft) distance away from 
the activities or has not been observed within that area for at least 24 
hours; and
    (ii) Transport vehicles (i.e., vehicles not associated with 
construction, maintenance or decommissioning) may continue their route 
within the designated road/trail without stopping.



Sec.  217.155  Requirements for monitoring and reporting.

    (a) All marine mammal monitoring must be conducted in accordance 
with Hilcorp and Eni's Marine Mammal Mitigation and Monitoring Plan 
(4MP). This plan may be modified throughout the life of the regulations 
upon NMFS review and approval.
    (b) General monitoring measures will be implemented through the 
entire ice road/trail season including during construction, maintenance, 
use and decommissioning.
    (1) If a ringed seal is observed within 50 m (164 ft) of the center 
of an ice road or trail, the operator's Environmental Specialist must be 
immediately notified with the information provided in paragraph (e) of 
this section.
    (i) The Environmental Specialist must relay the seal sighting 
location information to all ice road personnel and the company's office 
personnel responsible for wildlife interaction, following notification 
protocols described in the company-specific Wildlife Management Plan. 
All other data will be recorded and logged.
    (ii) The Environmental Specialist or designated person must monitor 
the ringed seal to document the animal's location relative to the road/
trail. All work that is occurring when the ringed seal is observed and 
the behavior of the seal during those activities must be documented 
until the animal is at least 50 m (150 ft) away from the center of the 
road/trail or is no longer observed.
    (2) [Reserved]
    (c) Additional monitoring measures after March 1st. In addition to 
the general monitoring measures listed in Sec.  217.155(b), the 
following measures must also be implemented after March 1st:
    (1) If an ice road or trail is being actively used, under daylight 
conditions with good visibility, a dedicated observer (not the vehicle 
operator) must conduct a survey along the sea ice road/trail to observe 
if any ringed seals are within 150 m (500 ft) of the roadway corridor. 
The following survey protocol must be implemented:

[[Page 153]]

    (i) Surveys must be conducted every other day during daylight hours;
    (ii) Observers for ice road activities must have received the 
training described in Sec.  217.154(a) and understand the applicable 
sections of the Wildlife Interaction Plan;
    (iii) Observers for ice road activities must be capable of 
detecting, observing and monitoring ringed seal presence and behaviors, 
and accurately and completely recording data;
    (iv) Observers must have no other primary duty than to watch for and 
report observations related to ringed seals during this survey; and
    (v) If weather conditions become unsafe, the observer may be removed 
from the monitoring activity.
    (2) If a ringed seal structure (i.e., breathing hole or lair) is 
observed within 50 m (150 ft) of the ice road/trail, the location of the 
structure must be reported to the Environmental Specialist and:
    (i) An observer must monitor the structure every 6 hours on the day 
of the initial sighting to determine whether a ringed seal is present.
    (ii) Monitoring for the seal must occur every other day the ice road 
is being used unless it is determined the structure is not actively 
being used (i.e., a seal is not sighted at that location during 
monitoring).
    (d) Engaging with subsistence hunters for monitoring 
recommendations.
    (1) Hilcorp and Eni must engage local hunters through the Ice Seal 
Committee point of contact to gather recommendations on methods for 
ringed seal detection along sea ice roads/trails within the exposure 
areas.
    (2) Hilcorp and Eni must incorporate these recommendations into 
Hilcorp and Eni's training materials provided to personnel responsible 
for monitoring for ringed seals along sea ice roads/trails.
    (e) Reporting requirement at the end-of-season.
    (1) A final end-of-season report compiling all ringed seal 
observations must be submitted to NMFS Office of Protected Resources 
within 90 days of decommissioning the ice roads/trails annually. The 
report must include:
    (i) Date, time, location of observation;
    (ii) Ringed seal characteristics (i.e., adult or pup, behavior 
(avoidance, resting, etc.));
    (iii) Activities occurring during observation including equipment 
being used and its purpose, and approximate distance to ringed seal(s);
    (iv) Actions taken to mitigate effects of interaction emphasizing:
    (A) Which mitigation and/or monitoring measures were successful;
    (B) Which mitigation and/or monitoring measures may need to be 
improved to reduce interactions with ringed seals;
    (C) The effectiveness and practicality of implementing mitigation 
and monitoring measures;
    (D) Any issues or concerns regarding implementation of mitigation 
and/or monitoring measures; and
    (E) Potential effects of interactions based on observation data;
    (v) Proposed updates (if any) to Wildlife Interaction Plan(s) or 
Mitigation and Monitoring Measures; and
    (vi) The methods used for detection of seals and seal structures 
with an assessment of their effectiveness.
    (2) In the event a seal is killed or seriously injured by ice road/
trail activities, Hilcorp or Eni must immediately cease the specified 
activities and report the incident to the NMFS Office of Protected 
Resources (301-427-8401) and Alaska Region Stranding Coordinator (877-
925-7773). The report must include the following information:
    (i) Time and date of the incident;
    (ii) Description of the incident;
    (iii) Environmental conditions (e.g., cloud over, and visibility);
    (iv) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (v) Species identification or description of the animal(s) involved;
    (vi) Fate of the animal(s); and
    (vii) Photographs or video footage of the animal(s).
    (3) In the event ice road/trail personnel discover a dead or injured 
seal but the cause of injury or death is unknown or believed not to be 
related to ice road/trail activities, Hilcorp or Eni must report the 
incident to the NMFS Office of Protected Resources (301-427-

[[Page 154]]

8401) and Alaska Region Stranding Coordinator (877-925-7773) within 48 
hours of discovery.



Sec.  217.156  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, Hilcorp and Eni must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, Hilcorp or Eni may apply for and obtain a renewal of the 
LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, Hilcorp and Eni 
must apply for and obtain a modification of the LOA as described in 
Sec.  217.57.
    (e) The LOAs 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 LOAs shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  217.157  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.156 for the activity identified in Sec.  217.150(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOAs under these regulations were 
implemented.
    (b) For LOAs modification or renewal requests by the applicants that 
include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), NMFS may publish a notice of proposed LOAs in the 
Federal Register, including the associated analysis of the change, and 
solicit public comment before issuing the LOA.
    (c) The LOAs issued under Sec. Sec.  216.106 of this chapter and 
217.156 for the activity identified in Sec.  217.150(a) 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 Hilcorp or Eni 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 Hilcorp or Eni'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

[[Page 155]]

significant risk to the well-being of the species or stocks of marine 
mammals specified in LOAs issued pursuant to Sec. Sec.  216.106 of this 
chapter and 217.156, 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.



Sec. Sec.  217.158--217.159  [Reserved]



  Subpart Q_Taking and Importing Marine Mammals; Taking Marine Mammals 
       Incidental to Oil and Gas Activities in Cook Inlet, Alaska.

    Source: 84 FR 37502, July 31, 2019, unless otherwise noted.

    Effective Date Note: At 84 FR 37502, July 31, 2019, subpart Q was 
added, effective from July 30, 2019, to July 30, 2024.



Sec.  217.160  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to Hilcorp Alaska LLC 
(Hilcorp) and those persons it authorizes or funds 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 occurs incidental to 
the activities described in paragraph (c) of this section.
    (b) The taking of marine mammals by Hilcorp may be authorized in 
Letters of Authorization (LOAs) only if it occurs within the action area 
defined in Cook Inlet, Alaska.
    (c) The taking of marine mammals by Hilcorp is only authorized if it 
occurs incidental to Hilcorp's oil and gas activities including use of 
seismic airguns, sub-bottom profiler, vertical seismic profiling, pile 
driving, conductor pipe driving, and water jets.



Sec.  217.161  Effective dates.

    Regulations in this subpart are effective July 30, 2019, through 
July 30, 2024.



Sec.  217.162  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.166, the Holder of the LOAs (hereinafter ``Hilcorp'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.160(b) by Level A harassment and Level B 
harassment associated with oil and gas activities, provided the activity 
is in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the applicable LOAs.



Sec.  217.163  Prohibitions.

    Notwithstanding takings contemplated in Sec.  217.162 and authorized 
by LOAs issued under Sec. Sec.  216.106 of this chapter and 217.166, no 
person in connection with the activities described in Sec.  217.160 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.166;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the availability 
of such species or stock of marine mammal for taking for subsistence 
uses.



Sec.  217.164  Mitigation requirements.

    When conducting the activities identified in Sec.  217.160(c), the 
mitigation measures contained in any LOAs issued under Sec. Sec.  
216.106 of this chapter and 217.166 must be implemented. These 
mitigation measures must include but are not limited to:
    (a) Hilcorp must conduct a sound source verification (SSV) for 3D 
seismic and sub-bottom profiler use. Results of this SSV must be sent to 
NMFS and mitigation and monitoring zones may be adjusted based on the 
results of the SSV.
    (b) If any marine mammal species for which take is not authorized 
are sighted within or entering the relevant zones within which they are 
be exposed to sound above the 120 dB re 1 [micro]Pa

[[Page 156]]

(rms) threshold for continuous (e.g., vibratory pile-driving, drilling) 
sources or the 160 dB re 1 [micro]Pa (rms) threshold for non-explosive 
impulsive (e.g., seismic airguns) or intermittent (e.g., scientific 
sonar) sources, Hilcorp must take appropriate action to avoid such 
exposure (e.g., by altering speed or course or by shutdown of the sound 
source).
    (c) If the allowable number of takes in an LOA listed for any marine 
mammal species is met or exceeded, Hilcorp must immediately cease survey 
operations involving the use of active sound source(s), record the 
observation, and notify NMFS Office of Protected Resources.
    (d) Hilcorp must notify NMFS Office of Protected Resources at least 
48 hours prior to the start of oil and gas activities each year.
    (e) Hilcorp must conduct briefings as necessary between vessel 
crews, marine mammal monitoring team, and other relevant personnel prior 
to the start of all survey activity, and when new personnel join the 
work, in order to explain responsibilities, communication procedures, 
marine mammal monitoring protocol, and operational procedures.
    (f) Hilcorp must establish monitoring and exclusion zones.
    (1) For all relevant in-water activity, Hilcorp must implement 
shutdown zones/exclusion zones (EZs) with radial distances as identified 
in any LOA issued under Sec. Sec.  216.106 of this chapter and 217.166. 
If a marine mammal is sighted within or entering the EZ, such operations 
must cease.
    (2) For all relevant in-water activity, Hilcorp must designate 
safety zones for monitoring (SZ) with radial distances as identified in 
any LOA issued under Sec. Sec.  216.106 of this chapter and 217.166 and 
record and report occurrence of marine mammals within these zones.
    (3) For all relevant in-water activity, Hilcorp must implement a 
minimum EZ of a 10 m radius around the source.
    (g) Hilcorp must implement shutdown measures.
    (1) Hilcorp must deploy protected species observers (PSO) and PSOs 
must be posted to monitor marine mammals within the monitoring zones 
during use of active acoustic sources and pile driving in water.
    (2) Monitoring must begin 15 minutes prior to initiation of 
stationary source activity and 30 minutes prior to initiation of mobile 
source activity, occur throughout the time required to complete the 
activity, and continue through 30 minutes post-completion of the 
activity. Pre-activity monitoring must be conducted to ensure that the 
EZ is clear of marine mammals, and activities may only commence once 
observers have declared the EZ clear of marine mammals. In the event of 
a delay or shutdown of activity resulting from marine mammals in the EZ, 
the marine mammals' behavior must be monitored and documented.
    (3) A determination that the EZ is clear must be made during a 
period of good visibility (i.e., the entire EZ must be visible to the 
naked eye).
    (4) If a marine mammal is observed within or entering the EZ, 
Hilcorp must halt all noise producing activities for which take is 
authorized at that location. If activity is delayed due to the presence 
of a marine mammal, the activity may not commence or resume until either 
the animal has voluntarily left and been visually confirmed outside the 
EZ or the required amount of time (15 for porpoises and pinnipeds, 30 
minutes for cetaceans) have passed without re-detection of the animal.
    (5) Monitoring must be conducted by trained observers, who must have 
no other assigned tasks during monitoring periods. Trained observers 
must be placed at the best vantage point(s) practicable to monitor for 
marine mammals and implement shutdown or delay procedures when 
applicable through communication with the equipment operator. Hilcorp 
must adhere to the following additional observer qualifications:
    (i) Hilcorp must use independent, dedicated, trained visual PSOs, 
meaning that the PSOs must be employed by a third-party observer 
provider, must not have tasks other than to conduct observational 
effort, collect data, and communicate with and instruct relevant vessel 
crew with regard to the presence of protected species and mitigation 
requirements (including brief alerts regarding maritime hazards),

[[Page 157]]

and must have successfully completed an approved PSO training course 
appropriate for their designated task.
    (ii) Hilcorp must submit PSO resumes for NMFS review and approval. 
Resumes must be accompanied by a relevant training course information 
packet that includes the name and qualifications (i.e., experience, 
training completed, or educational background) of the instructor(s), the 
course outline or syllabus, and course reference material as well as a 
document stating successful completion of the course. NMFS will approve 
or disapprove PSOs within one week from the time that the necessary 
information is received by NMFS, after which PSOs meeting the minimum 
requirements will automatically be considered approved.
    (iii) To the maximum extent practicable, the lead PSO must devise 
the duty schedule such that experienced PSOs are on duty with those PSOs 
with appropriate training but who have not yet gained relevant 
experience.
    (6) Operations must shut down completely if a beluga whale is 
sighted within the relevant Level B harassment isopleth.
    (h) Hilcorp must implement soft start techniques for impact pile 
driving.
    (1) Hilcorp must conduct an initial set of three strikes from the 
impact hammer 30 seconds apart, at 40 percent energy, followed by a 1-
minute waiting period, then two subsequent three strike sets.
    (2) Soft start is required for any impact driving, including at the 
beginning of the day, after 30 minutes of pre-activity monitoring, and 
at any time following a cessation of impact pile driving of 30 minutes 
or longer.
    (i) Hilcorp must implement ramp ups for seismic airgun use.
    (1) Ramp up must be used at the start of airgun operations, 
including after a shutdown, and after any period greater than 30 minutes 
in duration without airgun operations.
    (2) The rate of ramp up must be no more than 6 dB per 5-minute 
period.
    (3) Ramp up must begin with the smallest gun in the array that is 
being used for all airgun array configurations.
    (4) During the ramp up, the EZ for the full airgun array must be 
implemented.
    (5) If the complete EZ has not been visible for at least 30 minutes 
prior to the start of operations, ramp up must not commence.
    (6) Ramp up of the airguns must not be initiated if a marine mammal 
is sighted within or entering the EZ at any time.
    (j) Hilcorp must use aircraft for mitigation.
    (1) Hilcorp must use aircraft daily to survey the planned seismic 
survey area prior to the start of seismic surveying. Surveying must not 
begin unless the aerial flights confirm the planned survey area for that 
day is clear of beluga whales. If weather conditions make flying before 
the start of seismic in daylight unsafe, Hilcorp may delay the aerial 
survey until weather conditions improve and it is safe to fly.
    (2) If beluga whales are sighted during flights, start of seismic 
surveying must be delayed until it is confirmed the area is free of 
beluga whales.
    (k) Hilcorp must implement exclusion zones for beluga whales.
    (1) Hilcorp must not operate with noise producing activity within 10 
miles (16 km) of the mean higher high water (MHHW) line of the Susitna 
Delta (Beluga River to the Little Susitna River) between April 15 and 
October 15. Hilcorp must not conduct seismic activity within the Level B 
isopleth distance of the mouth of the Kasilof River between January 1 
and May 31.
    (m) Hilcorp must abide by all mitigation measures described in the 
Biological Opinion for Hilcorp Alaska and Harvest Alaska Oil and Gas 
Activities, Cook Inlet, Alaska.



Sec.  217.165  Requirements for monitoring and reporting.

    (a) Marine mammal monitoring protocols. Hilcorp must conduct 
briefings between construction supervisors and crews and the observer 
team prior to the start of all pile driving and removal activities, and 
when new personnel join the work. Trained observers must receive a 
general environmental awareness briefing conducted by Hilcorp staff. At 
minimum, training

[[Page 158]]

must include identification of marine mammals that may occur in the 
project vicinity and relevant mitigation and monitoring requirements. 
All observers must have no other construction-related tasks while 
conducting monitoring.
    (b) Visibility. Activities must only commence when the entire 
exclusion zone (EZ) is visible to the naked eye and can be adequately 
monitored. If conditions (e.g., fog) prevent the visual detection of 
marine mammals, activities must not be initiated. For activities other 
than seismic surveying, activity must be halted in low visibility but 
vibratory pile driving or removal will be allowed to continue if started 
in good visibility.
    (c) Monitoring periods. Monitoring must begin 15 minutes prior to 
initiation of stationary source activity and 30 minutes prior to 
initiation of mobile source activity, occur throughout the time required 
to complete the activity, and continue through 30 minutes post-
completion of the activity. Pre-activity monitoring must be conducted to 
ensure that the EZ is clear of marine mammals, and activities may only 
commence once observers have declared the EZ clear of marine mammals. In 
the event of a delay or shutdown of activity resulting from marine 
mammals in the EZ, the animals' behavior must be monitored and 
documented.
    (d) Placement of PSOs. (1) At least one on-duty PSO must be placed 
on the source vessel (for seismic and geohazard surveys) or drill rig 
(for pipe driving and VSP).
    (2) During seismic surveys a mitigation vessel must be used with at 
least one on-duty PSO aboard the vessel monitoring for marine mammal 
occurrence.
    (e) Reporting measures--(1) Take limits. Hilcorp must contact NMFS 
when they have reached the limit of authorized takes of beluga whale 
within a year.
    (2) Monthly reports. Monthly reports must be submitted to NMFS for 
all months during which in-water seismic activities take place. The 
monthly report must contain and summarize the following information: 
Dates, times, locations, heading, speed, weather, sea conditions 
(including Beaufort sea state and wind force), and associated activities 
during all seismic operations and marine mammal sightings; Species, 
number, location, distance from the vessel, and behavior of any sighted 
marine mammals, as well as associated seismic activity (number of power-
downs and shutdowns), observed throughout all monitoring activities; An 
estimate of the number (by species) exposed to the seismic activity 
(based on visual observation) at received levels greater than or equal 
to the NMFS thresholds discussed above with a discussion of any specific 
behaviors those individuals exhibited; A description of the 
implementation and effectiveness of the terms and conditions of the 
Biological Opinion's Incidental Take Statement (ITS) and mitigation 
measures of the LOA.
    (3) Annual reports. (i) Hilcorp must submit an annual report within 
90 days after each activity year, starting from the date when the LOA is 
issued (for the first annual report) or from the date when the previous 
annual report ended.
    (ii) Annual reports will detail the monitoring protocol, summarize 
the data recorded during monitoring, and estimate the number of marine 
mammals that may have been harassed during the period of the report.
    (iii) NMFS will provide comments within 30 days after receiving 
annual reports, and Hilcorp must address the comments and submit 
revisions within 30 days after receiving NMFS comments. If no comment is 
received from the NMFS within 30 days, the annual report will be 
considered completed.
    (4) Final report. (i) Hilcorp must submit a comprehensive summary 
report to NMFS not later than 90 days following the conclusion of marine 
mammal monitoring efforts described in this subpart.
    (ii) The final report must synthesize all data recorded during 
marine mammal monitoring, and estimate the number of marine mammals that 
may have been harassed through the entire project.
    (iii) NMFS will provide comments within 30 days after receiving this 
report, and Hilcorp must address the comments and submit revisions 
within

[[Page 159]]

30 days after receiving NMFS comments. If no comment is received from 
the NMFS within 30 days, the final report will be considered as final.
    (5) Reporting of injured or dead marine mammals. (i) In the event 
that personnel involved in the survey activities discover an injured or 
dead marine mammal, Hilcorp must report the incident to the Office of 
Protected Resources (OPR), NMFS (301-427-8401) and to regional stranding 
network (877- 925-7773) as soon as feasible. The report must include the 
following information:
    (A) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (B) Species identification (if known) or description of the 
animal(s) involved;
    (C) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (D) Observed behaviors of the animal(s), if alive;
    (E) If available, photographs or video footage of the animal(s); and
    (F) General circumstances under which the animal was discovered.
    (ii) In the event of a ship strike of a marine mammal by any vessel 
involved in the survey activities, Hilcorp must report the incident to 
OPR, NMFS and to regional stranding networks as soon as feasible. The 
report must include the following information:
    (A) Time, date, and location (latitude/longitude) of the incident;
    (B) Species identification (if known) or description of the 
animal(s) involved;
    (C) Vessel's speed during and leading up to the incident;
    (D) Vessel's course/heading and what operations were being conducted 
(if applicable);
    (E) Status of all sound sources in use;
    (F) Description of avoidance measures/requirements that were in 
place at the time of the strike and what additional measures were taken, 
if any, to avoid strike;
    (G) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility) immediately preceding the 
strike;
    (H) Estimated size and length of animal that was struck;
    (I) Description of the behavior of the marine mammal immediately 
preceding and following the strike;
    (J) If available, description of the presence and behavior of any 
other marine mammals immediately preceding the strike;
    (K) Estimated fate of the animal (e.g., dead, injured but alive, 
injured and moving, blood or tissue observed in the water, status 
unknown, disappeared); and
    (L) To the extent practicable, photographs or video footage of the 
animal(s).
    (iii) In the event of a live stranding (or near-shore atypical 
milling) event within 50 km of the survey operations, where the NMFS 
stranding network is engaged in herding or other interventions to return 
animals to the water, the Director of OPR, NMFS (or designee) will 
advise Hilcorp of the need to implement shutdown procedures for all 
active acoustic sources operating within 50 km of the stranding. 
Shutdown procedures for live stranding or milling marine mammals include 
the following:
    (A) If at any time, the marine mammal(s) die or are euthanized, or 
if herding/intervention efforts are stopped, the Director of OPR, NMFS 
(or designee) will advise Hilcorp that the shutdown around the animals' 
location is no longer needed.
    (B) Otherwise, shutdown procedures must remain in effect until the 
Director of OPR, NMFS (or designee) determines and advises Hilcorp that 
all live animals involved have left the area (either of their own 
volition or following an intervention).
    (C) If further observations of the marine mammals indicate the 
potential for re-stranding, additional coordination with Hilcorp must 
occur to determine what measures are necessary to minimize that 
likelihood (e.g., extending the shutdown or moving operations farther 
away) and Hilcorp must implement those measures as appropriate.
    (iv) If NMFS determines that the circumstances of any marine mammal 
stranding found in the vicinity of the activity suggest investigation of 
the association with survey activities is

[[Page 160]]

warranted, and an investigation into the stranding is being pursued, 
NMFS will submit a written request to Hilcorp indicating that the 
following initial available information must be provided as soon as 
possible, but no later than 7 business days after the request for 
information.
    (A) Status of all sound source use in the 48 hours preceding the 
estimated time of stranding and within 50 km of the discovery/
notification of the stranding by NMFS; and
    (B) If available, description of the behavior of any marine 
mammal(s) observed preceding (i.e., within 48 hours and 50 km) and 
immediately after the discovery of the stranding.
    (C) In the event that the investigation is still inconclusive, the 
investigation of the association of the survey activities is still 
warranted, and the investigation is still being pursued, NMFS may 
provide additional information requests, in writing, regarding the 
nature and location of survey operations prior to the time period above.



Sec.  217.166  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, Hilcorp must apply for and obtain (LOAs) in accordance with 
Sec.  216.106 of this chapter for conducting the activity identified in 
Sec.  217.160(c).
    (b) LOAs, unless suspended or revoked, may be effective for a period 
of time not to extend beyond the expiration date of these regulations.
    (c) An LOA application must be submitted to the Director, Office of 
Protected Resources, NMFS, by March 1st of the year preceding the 
desired start date.
    (d) An LOA application must include the following information:
    (1) The date(s), duration, and the area(s) where the activity will 
occur;
    (2) The species and/or stock(s) of marine mammals likely to be found 
within each area;
    (3) The estimated number of takes for each marine mammal stock 
potentially affected in each area for the period of effectiveness of the 
Letter of Authorization.
    (4) An updated Stakeholder Engagement Plan detailing Hilcorp's 
meetings with stakeholders and any concerns raised that relate to marine 
mammals or subsistence activities.
    (e) In the event of projected changes to the activity or to 
mitigation, monitoring, reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  217.97(c)(1)) required by an 
LOA, Hilcorp must apply for and obtain a modification of LOAs as 
described in Sec.  217.167.
    (f) Each LOA must set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, their habitat, and the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (g) Issuance of the LOA(s) must be based on a determination that the 
level of taking must be consistent with the findings made for the total 
taking allowable under these regulations.
    (h) If NMFS determines that the level of taking is resulting or may 
result in more than a negligible impact on the species or stocks of such 
marine mammal, the LOA may be modified or suspended after notice and a 
public comment period.
    (i) Notice of issuance or denial of the LOA(s) must be published in 
the Federal Register within 30 days of a determination.



Sec.  217.167  Renewals and modifications of Letters of Authorization 
and adaptive management.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.166 for the activity identified in Sec.  217.160(c) may be renewed 
or modified upon request by the applicant, provided that the following 
are met:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec.  217.160(a) will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming or remaining LOA 
period;
    (2) Timely receipt (by the dates indicated) of monitoring reports, 
as required under Sec.  217.165(C)(3);
    (3) A determination by the NMFS that the mitigation, monitoring and

[[Page 161]]

reporting measures required under Sec.  217.165(c) and the LOA issued 
under Sec. Sec.  216.106 of this chapter and 217.166, were undertaken 
and are expected to be undertaken during the period of validity of the 
LOA.
    (b) If a request for a renewal of a Letter of Authorization 
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 as well as the proposed modification 
to the LOA. Review and comment on renewals of Letters of Authorization 
are restricted to:
    (1) New cited information and data indicating that the original 
determinations made for the regulations 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) An LOA issued under Sec. Sec.  216.16 of this chapter and 
217.166 for the activity identified in Sec.  217.160 may be modified by 
NMFS under the following circumstances:
    (1) Adaptive management. NMFS, in response to new information and in 
consultation with Hilcorp, 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.
    (i) Possible sources of new data that could contribute to the 
decision to modify the mitigation or monitoring measures include:
    (A) Results from Hilcorp's monitoring from the previous year(s).
    (B) Results from 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) Withdrawal or suspension. NMFS will withdraw or suspend an LOA 
if, after notice and opportunity for public comment, NMFS determines 
these regulations are not being substantially complied with or that the 
taking allowed is or may be having more than a negligible impact on an 
affected species or stock specified in Sec.  217.162(b) or an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses. The requirement for notice and comment will not 
apply if NMFS determines that an emergency exists that poses a 
significant risk to the well-being of the species or stocks of marine 
mammals. Notice will be published in the Federal Register within 30 days 
of such action.



Sec. Sec.  217.168--217.169  [Reserved]



 Subpart R_Taking and Importing Marine Mammals Incidental to U.S. Navy 
Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode 
                                 Island

    Source: 86 FR 71178, Dec. 15, 2021; 87 FR 885, Jan. 7, 2022, unless 
otherwise noted.

    Effective Date Note: At 86 FR 71178, Dec. 15, 2021, subpart R was 
added, effective May 15, 2022, through May 14, 2027. At 87 FR 885, Jan. 
7, 2022, subpart R was corrected, effective May 15, 2022, through May 
14, 2027.



Sec.  217.170  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
and those persons it authorizes or funds to conduct activities on its 
behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
construction activities including for bulkhead replacement and repairs 
at Naval Station (NAVSTA) Newport, Rhode Island.
    (b) The taking of marine mammals by the Navy may be authorized in a 
Letter of Authorization (LOA) only if

[[Page 162]]

it occurs at NAVSTA Newport, Rhode Island.



Sec.  217.171  Effective dates.

    Regulations in this subpart are effective from May 15, 2022, through 
May 14, 2027.



Sec.  217.172  Permissible methods of taking.

    Under an LOA issued pursuant to Sec. Sec.  216.106 of this chapter 
and 217.176, the Holder of the LOA (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.170(b) by harassment associated with bulkhead 
replacement and repairs construction activities, provided the activity 
is in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the applicable LOA.



Sec.  217.173  Prohibitions.

    (a) Except for the takings contemplated in Sec.  217.172 and 
authorized by a LOA issued under Sec. Sec.  216.106 of this chapter and 
217.176, it is unlawful for any person to do any of the following in 
connection with the activities described in Sec.  217.170:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.176;
    (2) Take any marine mammal not specified in such LOA;
    (3) Take any marine mammal specified in such LOA in any manner other 
than as specified;
    (4) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (b) [Reserved]



Sec.  217.174  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  217.171(a), 
the mitigation measures contained in any LOA issued under Sec. Sec.  
216.106 of this chapter and 217.176 must be implemented. These 
mitigation measures must include but are not limited to:
    (1) A copy of any issued LOA must be in the possession of the Navy, 
supervisory construction personnel, lead protected species observers 
(PSOs), and any other relevant designees of the Holder operating under 
the authority of this LOA at all times that activities subject to this 
LOA are being conducted.
    (2) The Navy will follow mitigation procedures as described in this 
section. Should environmental conditions deteriorate such that marine 
mammals within the entire shutdown zone would not be visible (e.g., fog, 
heavy rain, night), the Holder shall delay pile driving and removal 
until observers are confident marine mammals within the shutdown zone 
could be detected.
    (3) The Navy will ensure that construction supervisors and crews, 
the monitoring team, and relevant Navy staff are trained prior to the 
start of all activities subject to this rule, so that responsibilities, 
communication procedures, monitoring protocols, and operational 
procedures are clearly understood. New personnel joining during the 
project will be trained prior to commencing work.
    (4) The Navy, construction supervisors and crews, PSOs, and relevant 
Navy staff will avoid direct physical interaction with marine mammals 
during construction activity. If a marine mammal comes within 10 m of 
such activity, operations will cease and vessels will reduce speed to 
the minimum level required to maintain steerage and safe working 
conditions, as necessary, to avoid direct physical interaction.
    (5) The Navy will employ PSOs and establish monitoring locations as 
described in this rule and the Marine Mammal Monitoring Plan. The Navy 
will monitor the project area to the maximum extent possible based on 
the required number of PSOs, required monitoring locations, and 
environmental conditions.
    (6) Monitoring will take place from 30 minutes prior to initiation 
of pile driving activity (i.e., pre-start clearance monitoring) through 
30 minutes post-completion of pile driving activity.
    (7) If a marine mammal is observed entering or within the shutdown 
zones indicated in this rule, pile driving activity must be delayed or 
halted. If pile driving is delayed or halted due to the

[[Page 163]]

presence of a marine mammal, the activity may not commence or resume 
until either the animal has voluntarily exited and been visually 
confirmed beyond the shutdown zone or 15 minutes have passed without re-
detection of the animal.
    (8) The Navy will establish shutdown zones for all pile driving 
activities. Shutdown zones are limited to 150 m from the point of noise 
generation. Any remaining area within estimated Level A harassment zones 
shall be considered part of the ``disturbance zone,'' i.e., the Level B 
harassment zone and, where present, the Level A harassment zone (PTS 
onset) beyond 150 m from the point of noise generation. For activities 
where the estimated Level A (PTS onset) harassment zones are smaller 
than 150 m, the disturbance zone shall include the entire region of 
influence (ROI), i.e., estimated Level A and Level B harassment zones). 
Work may proceed without cessation while marine mammals are in the 
disturbance zone and marine mammal behavior within the disturbance zone 
will be monitored and documented.
    (9) The Navy will conduct monitoring to include the area within the 
Level B harassment zones (areas where SPLs are equal to or exceed the 
160 dB rms threshold for impact driving and the 120 dB rms threshold 
during vibratory pile driving (disturbance zone).
    (10) Pre-start clearance monitoring will be conducted during periods 
of visibility sufficient for the lead PSO to determine that the shutdown 
zones are clear of marine mammals. Pile driving may commence following 
30 minutes of observation when the determination is made that the 
shutdown zones are clear of marine mammals.
    (11) If pile driving is delayed or halted due to the presence of a 
marine mammal, the activity may not commence or resume until either the 
animal has voluntarily exited and been visually confirmed beyond the 
shutdown zone indicated or 15 minutes have passed without re-detection 
of the animal.
    (12) The Navy will use soft start techniques when impact pile 
driving. Soft start requires contractors to provide an initial set of 
three strikes from the hammer at reduced energy, followed by a 30-second 
waiting period. Then two subsequent reduced-energy strike sets would 
occur. A soft start will be implemented at the start of each day's 
impact pile driving and at any time following cessation of impact pile 
driving for a period of 30 minutes or longer. Soft start is not required 
during vibratory pile driving activities.
    (13) Pile driving activity must be halted upon observation of either 
a species entering or within the harassment zone, for which incidental 
take is not authorized, or a species for which incidental take has been 
authorized but the authorized number of takes has been met.
    (b) [Reserved]



Sec.  217.175  Requirements for monitoring and reporting.

    (a) Marine Mammal monitoring must be conducted in accordance with 
the conditions in this section and the Marine Mammal Monitoring Plan. 
The Navy must submit a Marine Mammal Monitoring Plan to NMFS for 
approval in advance of construction.
    (b) Monitoring must be conducted by qualified, NMFS-approved PSOs, 
in accordance with the following conditions:
    (1) PSOs must be independent (i.e., not construction personnel) and 
have no other assigned tasks during monitoring periods.
    (2) At least one PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization.
    (3) Other PSOs may substitute other relevant experience, education 
(degree in biological science or related field), or training for prior 
experience performing the duties of a PSO during construction activity 
pursuant to a NMFS-issued incidental take authorization.
    (4) Where a team of three or more PSOs is required, a lead observer 
or monitoring coordinator must be designated. The lead observer must 
have prior experience performing the duties of a PSO during construction 
activity pursuant to a NMFS-issued incidental take authorization.
    (5) PSOs must be approved by NMFS prior to beginning any activity 
subject to this LOA.

[[Page 164]]

    (c) The Navy will establish the following monitoring locations. For 
all pile driving activities, a minimum of one PSO will be assigned to 
each active pile driving location to monitor the shutdown zones. Trained 
PSOs will be placed at the best vantage point(s) practicable such as on 
nearby breakwaters, Gould Island, Coddington Point, or Taylor Point. 
Visual monitoring will be conducted by, at a minimum, by two PSOs. It is 
assumed that two to three PSOs would be sufficient to monitor the 
respective ROIs given the abundance of suitable vantage points. Any 
activity that would result in threshold exceedance at or more than 1,000 
m would require a minimum of three PSOs to effectively monitor the 
entire ROI. However, additional monitors may be added if warranted by 
site conditions and/or the level of marine mammal activity in the area.
    (d) PSOs must record all observations of marine mammals, regardless 
of distance from the pile being driven, as well as the additional data 
indicated in the reporting requirements.
    (e) Acoustic monitoring will be conducted in accordance with the 
Acoustic Monitoring Plan. The Navy will conduct hydroacoustic data 
collection (sound source verification and propagation loss) in 
accordance with a hydroacoustic monitoring plan that must be approved by 
NMFS in advance of construction.
    (f) The shutdown/disturbances zones may be modified with NMFS' 
approval following NMFS' acceptance of an acoustic monitoring report.
    (g) The Navy will submit a draft monitoring report to NMFS within 90 
calendar days of the completion of required monitoring for each portion 
of the project as well as a comprehensive summary report at the end of 
the project. The report will detail the monitoring protocol and 
summarize the data recorded during monitoring. Final annual reports 
(each portion of the project and comprehensive) must be prepared and 
submitted within 30 days following resolution of any NMFS comments on 
the draft report. If no comments are received from NMFS within 30 days 
of receipt of the draft report, the report must be considered final. If 
comments are received, a final report addressing NMFS comments must be 
submitted within 30 days after receipt of comments.
    (h) All draft and final monitoring reports must be submitted to 
[email protected] and [email protected].
    (i) The marine mammal report must contain the informational elements 
described ed in the Marine Mammal Monitoring Plan and, at minimum, 
include:
    (1) Dates and times (begin and end) of all marine mammal monitoring;
    (2) Construction activities occurring during each daily observation 
period, including: the number and types of piles were driven or removed 
and by what method (i.e., impact or vibratory) and the total duration of 
driving time for each pile (vibratory driving) and number of strikes for 
each pile (impact driving); and
    (3) PSO locations during marine mammal monitoring;
    (4) Environmental conditions during monitoring periods (at beginning 
and end of PSO shift and whenever conditions change significantly), 
including Beaufort sea state and any other relevant weather conditions 
including cloud cover, fog, sun glare, and overall visibility to the 
horizon, and estimated observable distance;
    (5) Upon observation of a marine mammal, the following information:
    (i) Name of PSO who sighted the animal(s) and PSO location and 
activity at time of sighting.
    (ii) Time of sighting; and
    (iii) Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species;
    (iv) Distances and location of each marine mammal observed relative 
to the pile being driven or removed;
    (v) Estimated number of animals (min/max/best);
    (vi) Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition etc.);
    (vii) Animal's closest point of approach and estimated time spent 
within the harassment zone; and
    (viii) Description of any marine mammal behavioral observations 
(e.g., observed behaviors such as feeding or

[[Page 165]]

traveling), including an assessment of behavioral responses thought to 
have resulted from the activity (e.g., no response or changes in 
behavioral state such as ceasing feeding, changing direction, flushing, 
or breaching);
    (6) Number of marine mammals detected within the harassment zones, 
by species;
    (7) Detailed information about any implementation of any mitigation 
triggered (e.g., shutdowns and delays), a description of specific 
actions that ensued, and resulting of the behavior of the animal, if 
any;
    (8) The Navy will submit all PSO datasheets and/or raw sightings 
data with the draft reports.
    (j) The Navy must report the hydroacoustic data collected as 
required by a LOA issued under Sec. Sec.  216.106 of this chapter and 
217.176 and as described in the Acoustic Monitoring Plan, and at a 
minimum, must include:
    (1) Hydrophone equipment and methods: recording device, sampling 
rate, distance (m) from the pile where recordings were made; depth of 
water and recording device(s);
    (2) Type and size of pile being driven, substrate type, method of 
driving during recordings (e.g., hammer model and energy), and total 
pile driving duration;
    (i) Whether a sound attenuation device is used and, if so, a 
detailed description of the device used and the duration of its use per 
pile;
    (ii) For impact pile driving (per pile): Number of strikes and 
strike rate; depth of substrate to penetrate; pulse duration and mean, 
median, and maximum sound levels (dB re: 1 [micro]Pa): Root mean square 
sound pressure level (SPLrms); cumulative sound exposure level (SELcum), 
peak sound pressure level (SPLpeak), and single-strike sound exposure 
level (SELs-s);
    (iii) For vibratory driving/removal (per pile): Duration of driving 
per pile; mean, median, and maximum sound levels (dB re: 1 [micro]Pa): 
Root mean square sound pressure level (SPLrms), cumulative sound 
exposure level (SELcum) (and timeframe over which the sound is 
averaged); and
    (iv) One-third octave band spectrum and power spectral density plot.
    (k) In the event that personnel involved in the construction 
activities discover an injured or dead marine mammal, the Navy must 
report the incident to NMFS Office of Protected Resources (OPR), NMFS 
([email protected] and [email protected]) Monitoring) 
and to the Greater Atlantic Region New England/Mid-Atlantic Stranding 
Coordinator, as soon as feasible. If the death or injury was clearly 
caused by the specified activity, the Navy must immediately cease the 
specified activities until NMFS OPR is able to review the circumstances 
of the incident and determine what, if any, additional measures are 
appropriate to ensure compliance with the terms of this rule and the LOA 
issued under Sec. Sec.  216.106 of this chapter and 217.176. The Navy 
will not resume their activities until notified by NMFS. The report must 
include the following information:
    (1) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (2) Species identification (if known) or description of the 
animal(s) involved;
    (3) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (4) Observed behaviors of the animal(s), if alive;
    (5) If available, photographs or video footage of the animal(s); and
    (6) General circumstances under which the animal was discovered.



Sec.  217.176  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the Navy must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, the Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an

[[Page 166]]

LOA, the Navy must apply for and obtain a modification of the LOA as 
described in Sec.  217.177.
    (e) The LOA will set forth the following information:
    (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 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.
    (g) Notice of issuance or denial of an LOA will be published in the 
Federal Register within 30 days of a determination.



Sec.  217.177  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.176 for the activity identified in Sec.  217.170(a) may be renewed 
or modified upon request by the applicant, provided that:
    (1) The 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; 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 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 of this chapter and 
217.176 for the activity identified in Sec.  217.170(a) may be modified 
by NMFS under the following circumstances:
    (1) NMFS may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with Navy 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 a LOA:
    (A) Results from Navy's monitoring from previous years;
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (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; and
    (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) 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 in a LOA issued pursuant to Sec. Sec.  216.106 of this 
chapter and 217.176, a 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.



Sec. Sec.  217.178-217.179  [Reserved]



    Subpart S_Taking Marine Mammals Incidental to Geophysical Survey 
                    Activities in the Gulf of Mexico

    Source: 86 FR 5444, Jan. 19, 2021, unless otherwise noted.

    Effective Date Note: At 86 FR 5444, Jan. 19, 2021, subpart S was 
added, effective Apr. 19, 2021, through Apr. 19, 2026.



Sec.  217.180  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to oil and gas industry 
operators

[[Page 167]]

(LOA-holders), and those persons authorized to conduct activities on 
their behalf, for the taking of marine mammals that occurs in the area 
outlined in paragraph (b) of this section and that occurs incidental to 
geophysical survey activities.
    (b) The taking of marine mammals by oil and gas industry operators 
may be authorized in a Letter of Authorization (LOA) only if it occurs 
within U.S. waters in the Gulf of Mexico, outside the area subject to a 
Congressional leasing moratorium under the Gulf of Mexico Energy 
Security Act (GOMESA) (Pub L. 109-432, Sec.  104) as of the effective 
date of these regulations.



Sec.  217.181  Effective dates.

    Regulations in this subpart are effective from April 19, 2021 
through April 19, 2026.



Sec.  217.182  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
217.186, LOA-holders may incidentally, but not intentionally, take 
marine mammals within the area described in Sec.  217.180(b) by Level A 
and Level B harassment associated with geophysical survey activities, 
provided the activity is in compliance with all terms, conditions, and 
requirements of the regulations in this subpart and the appropriate LOA.



Sec.  217.183  Prohibitions.

    Notwithstanding takings contemplated in Sec. Sec.  217.180 and 
217.182, and authorized by a LOA issued under Sec. Sec.  216.106 of this 
chapter and 217.186, no person in connection with the activities 
described in Sec.  217.180 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.186;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified; or
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal.



Sec.  217.184  Mitigation requirements.

    When conducting the activities identified in Sec.  217.180, the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 217.186 must be implemented. These mitigation 
measures shall include but are not limited to:
    (a) General conditions. (1) A copy of any issued LOA must be in the 
possession of the LOA-holder, vessel operator, other relevant personnel, 
the lead protected species observer (PSO), and any other relevant 
designees operating under the authority of the LOA.
    (2) The LOA-holder must instruct relevant vessel personnel with 
regard to the authority of the protected species monitoring team (PSO 
team), and must ensure that relevant vessel personnel and PSO team 
participate in a joint onboard briefing, led by the vessel operator and 
lead PSO, prior to beginning work to ensure that responsibilities, 
communication procedures, protected species monitoring protocols, 
operational procedures, and LOA requirements are clearly understood. 
This briefing must be repeated when relevant new personnel join the 
survey operations before work involving those personnel commences.
    (3) The acoustic source must be deactivated when not acquiring data 
or preparing to acquire data, except as necessary for testing. 
Unnecessary use of the acoustic source must be avoided. For surveys 
using airgun arrays as the acoustic source, notified operational 
capacity (i.e., total array volume) (not including redundant backup 
airguns) must not be exceeded during the survey, except where 
unavoidable for source testing and calibration purposes. All occasions 
where activated source volume exceeds notified operational capacity must 
be communicated to the PSO(s) on duty and fully documented. The lead PSO 
must be granted access to relevant instrumentation documenting acoustic 
source power and/or operational volume.
    (4) PSOs must be used as specified in this paragraph (a)(4).
    (i) LOA-holders must use independent, dedicated, qualified PSOs, 
meaning that the PSOs must be employed by a third-party observer 
provider, must have no tasks other than to

[[Page 168]]

conduct observational effort, collect data, and communicate with and 
instruct relevant vessel crew with regard to the presence of protected 
species and mitigation requirements (including brief alerts regarding 
maritime hazards), and must be qualified pursuant to Sec.  217.185(a) 
(except as specified at Sec.  217.184(d)(2)(iii-iv)). Acoustic PSOs are 
required to complete specialized training for operating passive acoustic 
monitoring (PAM) systems and are encouraged to have familiarity with the 
vessel on which they will be working. PSOs may act as both acoustic and 
visual observers (but not simultaneously), so long as they demonstrate 
that their training and experience are sufficient to perform each task.
    (ii) The LOA-holder must submit PSO resumes for NMFS review and 
approval prior to commencement of the survey (except as specified at 
Sec.  217.184(d)(2)(iii)). Resumes should include dates of training and 
any prior NMFS approval, as well as dates and description of last 
experience, and must be accompanied by information documenting 
successful completion of an acceptable training course. NMFS is allowed 
one week to approve PSOs from the time that the necessary information is 
received by NMFS, after which PSOs meeting the minimum requirements will 
automatically be considered approved.
    (iii) At least one visual PSO and two acoustic PSOs (when required) 
aboard each acoustic source vessel must have a minimum of 90 days at-sea 
experience working in those roles, respectively, with no more than 
eighteen months elapsed since the conclusion of the at-sea experience 
(except as specified at Sec.  217.184(d)(2)(iii)). One visual PSO with 
such experience must be designated as the lead for the entire PSO team. 
The lead must coordinate duty schedules and roles for the PSO team and 
serve as the primary point of contact for the vessel operator. (Note 
that the responsibility of coordinating duty schedules and roles may 
instead be assigned to a shore-based, third-party monitoring 
coordinator.) To the maximum extent practicable, the lead PSO must 
devise the duty schedule such that experienced PSOs are on duty with 
those PSOs with appropriate training but who have not yet gained 
relevant experience.
    (b) Deep penetration surveys. (1) Deep penetration surveys are 
defined as surveys using airgun arrays with total volume greater than 
1,500 in\3\.
    (2) Visual monitoring must be conducted as specified in this 
paragraph (b)(2).
    (i) During survey operations (i.e., any day on which use of the 
acoustic source is planned to occur, and whenever the acoustic source is 
in the water, whether activated or not), a minimum of two PSOs must be 
on duty and conducting visual observations at all times during daylight 
hours (i.e., from 30 minutes prior to sunrise through 30 minutes 
following sunset).
    (ii) Visual monitoring must begin not less than 30 minutes prior to 
ramp-up and must continue until one hour after use of the acoustic 
source ceases or until 30 minutes past sunset.
    (iii) Visual PSOs must coordinate to ensure 360[deg] visual coverage 
around the vessel from the most appropriate observation posts, and must 
conduct visual observations using binoculars and the naked eye while 
free from distractions and in a consistent, systematic, and diligent 
manner.
    (iv) Visual PSOs must immediately communicate all observations of 
marine mammals to the on-duty acoustic PSO, including any determination 
by the PSO regarding species identification, distance, and bearing and 
the degree of confidence in the determination.
    (v) Any observations of marine mammals by crew members aboard any 
vessel associated with the survey must be relayed to the PSO team.
    (vi) During good conditions (e.g., daylight hours; Beaufort sea 
state (BSS) 3 or less), visual PSOs must conduct observations when the 
acoustic source is not operating for comparison of sighting rates and 
behavior with and without use of the acoustic source and between 
acquisition periods, to the maximum extent practicable.
    (vii) Visual PSOs may be on watch for a maximum of two consecutive 
hours followed by a break of at least one hour between watches and may 
conduct a maximum of 12 hours of observation per 24-hour period. NMFS

[[Page 169]]

may grant an exception for LOA applications that demonstrate such a 
``two hours on/one hour off'' duty cycle is not practicable, in which 
case visual PSOs will be subject to a maximum of four consecutive hours 
on watch followed by a break of at least two hours between watches. 
Combined observational duties (visual and acoustic but not at the same 
time) must not exceed 12 hours per 24-hour period for any individual 
PSO.
    (3) Acoustic monitoring must be conducted as specified in this 
paragraph (b)(3).
    (i) All source vessels must use a towed PAM system at all times when 
operating in waters deeper than 100 m, which must be monitored by a 
minimum of one acoustic PSO beginning at least 30 minutes prior to ramp-
up, at all times during use of the acoustic source, and until one hour 
after use of the acoustic source ceases. ``PAM system'' refers to 
calibrated hydrophone arrays with full system redundancy to detect, 
identify, and estimate distance and bearing to vocalizing cetaceans, 
coupled with appropriate software to aid monitoring and listening by a 
PAM operator skilled in bioacoustics analysis and computer system 
specifications capable of running appropriate software. The PAM system 
must have at least one calibrated hydrophone (per each deployed 
hydrophone type and/or set) sufficient for determining whether 
background noise levels on the towed PAM system are sufficiently low to 
meet performance expectations. Applicants must provide a PAM plan 
including description of the hardware and software proposed for use 
prior to proceeding with any survey where PAM is required.
    (ii) Acoustic PSOs must immediately communicate all detections of 
marine mammals to visual PSOs (when visual PSOs are on duty), including 
any determination by the PSO regarding species identification, distance, 
and bearing, and the degree of confidence in the determination.
    (iii) Acoustic PSOs may be on watch for a maximum of four 
consecutive hours followed by a break of at least two hours between 
watches, and may conduct a maximum of 12 hours of observation per 24-
hour period. Combined observational duties (visual and acoustic but not 
at the same time) must not exceed 12 hours per 24-hour period for any 
individual PSO.
    (iv) Survey activity may continue for 30 minutes when the PAM system 
malfunctions or is damaged, while the PAM operator diagnoses the issue. 
If the diagnosis indicates that the PAM system must be repaired to solve 
the problem, operations may continue for an additional two hours without 
acoustic monitoring during daylight hours only under the following 
conditions:
    (A) Sea state is less than or equal to BSS 4;
    (B) No marine mammals (excluding delphinids) detected solely by PAM 
in the applicable exclusion zone in the previous two hours;
    (C) NMFS is notified via email as soon as practicable with the time 
and location in which operations began occurring without an active PAM 
system; and
    (D) Operations with an active acoustic source, but without an 
operating PAM system, do not exceed a cumulative total of four hours in 
any 24-hour period.
    (4) PSOs must establish and monitor applicable exclusion and buffer 
zones. These zones must be based upon the radial distance from the edges 
of the airgun array (rather than being based on the center of the array 
or around the vessel itself). During use of the acoustic source (i.e., 
anytime the acoustic source is active, including ramp-up), occurrence of 
marine mammals within the relevant buffer zone (but outside the 
exclusion zone) should be communicated to the operator to prepare for 
the potential shutdown of the acoustic source.
    (i) Two exclusion zones are defined, depending on the species and 
context. A standard exclusion zone encompassing the area at and below 
the sea surface out to a radius of 500 meters from the edges of the 
airgun array (0-500 m) is defined. For special circumstances (defined at 
Sec.  217.184(b)(9)(v)), the exclusion zone encompasses an extended 
distance of 1,500 meters (0-1,500 m).
    (ii) During pre-start clearance monitoring (i.e., before ramp-up 
begins), the buffer zone acts as an extension of the

[[Page 170]]

exclusion zone in that observations of marine mammals within the buffer 
zone would also preclude airgun operations from beginning (i.e., ramp-
up). For all marine mammals (except where superseded by the extended 
1,500-m exclusion zone), the buffer zone encompasses the area at and 
below the sea surface from the edge of the 0-500 meter exclusion zone 
out to a radius of 1,000 meters from the edges of the airgun array (500-
1,000 m). The buffer zone is not applicable when the exclusion zone is 
greater than 500 meters, i.e., the observational focal zone is not 
increased beyond 1,500 meters.
    (5) A ramp-up procedure, involving a step-wise increase in the 
number of airguns firing and total active array volume until all 
operational airguns are activated and the full volume is achieved, is 
required at all times as part of the activation of the acoustic source. 
A 30-minute pre-start clearance observation period must occur prior to 
the start of ramp-up. The LOA-holder must adhere to the following pre-
start clearance and ramp-up requirements:
    (i) The operator must notify a designated PSO of the planned start 
of ramp-up as agreed upon with the lead PSO; the notification time 
should not be less than 60 minutes prior to the planned ramp-up.
    (ii) Ramp-ups must be scheduled so as to minimize the time spent 
with source activated prior to reaching the designated run-in.
    (iii) A designated PSO must be notified again immediately prior to 
initiating ramp-up procedures and the operator must receive confirmation 
from the PSO to proceed.
    (iv) Ramp-up must not be initiated if any marine mammal is within 
the applicable exclusion or buffer zone. If a marine mammal is observed 
within the exclusion zone or the buffer zone during the 30-minute pre-
start clearance period, ramp-up must not begin until the animal(s) has 
been observed exiting the zones or until an additional time period has 
elapsed with no further sightings (15 minutes for small delphinids and 
30 minutes for all other species).
    (v) Ramp-up must begin by activating a single airgun of the smallest 
volume in the array and shall continue in stages by doubling the number 
of active elements at the commencement of each stage, with each stage of 
approximately the same duration. Total duration must not be less than 20 
minutes. The operator must provide information to the PSO documenting 
that appropriate procedures were followed.
    (vi) Ramp-up must cease and the source shut down upon observation of 
marine mammals within the applicable exclusion zone. Once ramp-up has 
begun, observations of marine mammals within the buffer zone do not 
require shutdown.
    (vii) Ramp-up may occur at times of poor visibility, including 
nighttime, if appropriate acoustic monitoring has occurred with no 
detections of a marine mammal other than delphinids in the 30 minutes 
prior to beginning ramp-up. Acoustic source activation may only occur at 
night where operational planning cannot reasonably avoid such 
circumstances.
    (viii) If the acoustic source is shut down for brief periods (i.e., 
less than 30 minutes) for reasons other than implementation of 
prescribed mitigation (e.g., mechanical difficulty), it may be activated 
again without ramp-up if PSOs have maintained constant visual and/or 
acoustic observation and no visual or acoustic detections of any marine 
mammal have occurred within the applicable exclusion zone. For any 
longer shutdown, pre-start clearance observation and ramp-up are 
required. For any shutdown at night or in periods of poor visibility 
(e.g., BSS 4 or greater), ramp-up is required, but if the shutdown 
period was brief and constant observation maintained, pre-start 
clearance watch is not required.
    (ix) Testing of the acoustic source involving all elements requires 
ramp-up. Testing limited to individual source elements or strings does 
not require ramp-up but does require the pre-start clearance observation 
period.
    (6) Shutdowns must be implemented as specified in this paragraph 
(b)(6).
    (i) Any PSO on duty has the authority to delay the start of survey 
operations or to call for shutdown of the acoustic source pursuant to 
the requirements of this subpart.
    (ii) The operator must establish and maintain clear lines of 
communication

[[Page 171]]

directly between PSOs on duty and crew controlling the acoustic source 
to ensure that shutdown commands are conveyed swiftly while allowing 
PSOs to maintain watch.
    (iii) When both visual and acoustic PSOs are on duty, all detections 
must be immediately communicated to the remainder of the on-duty PSO 
team for potential verification of visual observations by the acoustic 
PSO or of acoustic detections by visual PSOs.
    (iv) When the airgun array is active (i.e., anytime one or more 
airguns is active, including during ramp-up) and (1) a marine mammal 
appears within or enters the applicable exclusion zone and/or (2) a 
marine mammal (excluding delphinids) is detected acoustically and 
localized within the applicable exclusion zone, the acoustic source must 
be shut down. When shutdown is called for by a PSO, the acoustic source 
must be immediately deactivated and any dispute resolved only following 
deactivation.
    (v) The extended 1,500-m exclusion zone must be applied upon 
detection (visual or acoustic) of a baleen whale, sperm whale, beaked 
whale, or Kogia spp. within the zone.
    (vi) Shutdown requirements are waived for dolphins of the following 
genera: Tursiops, Stenella, Steno, and Lagenodelphis. If a delphinid is 
visually detected within the exclusion zone, no shutdown is required 
unless the PSO confirms the individual to be of a genus other than those 
listed above, in which case a shutdown is required. Acoustic detection 
of delphinids does not require shutdown.
    (vii) If there is uncertainty regarding identification or 
localization, PSOs may use best professional judgment in making the 
decision to call for a shutdown.
    (viii) Upon implementation of shutdown, the source may be 
reactivated after the marine mammal(s) has been observed exiting the 
applicable exclusion zone or following a 30-minute clearance period with 
no further detection of the marine mammal(s).
    (c) Shallow penetration surveys. (1) Shallow penetration surveys are 
defined as surveys using airgun arrays with total volume equal to or 
less than 1,500 in\3\, single airguns, boomers, or equivalent sources.
    (2) LOA-holders conducting shallow penetration surveys must follow 
the requirements defined for deep penetration surveys at Sec.  
217.184(b), with the following exceptions:
    (i) Acoustic monitoring is not required for shallow penetration 
surveys.
    (ii) Ramp-up for small airgun arrays must follow the procedure 
described above for large airgun arrays, but may occur over an 
abbreviated period of time. Ramp-up is not required for surveys using 
only a single airgun. For non-airgun sources, power should be increased 
as feasible to effect a ramp-up.
    (iii) Two exclusion zones are defined, depending on the species and 
context. A standard exclusion zone encompassing the area at and below 
the sea surface out to a radius of 100 meters from the edges of the 
airgun array (if used) or from the acoustic source (0-100 m) is defined. 
For special circumstances (Sec.  217.184(b)(6)(v)), the exclusion zone 
encompasses an extended distance of 500 meters (0-500 m).
    (iv) The buffer zone encompasses the area at and below the sea 
surface from the edge of the 0-100 meter exclusion zone out to a radius 
of 200 meters from the edges of the airgun array (if used) or from the 
acoustic source (100-200 meters). The buffer zone is not applicable when 
the exclusion zone is greater than 100 meters.
    (d) High-resolution geophysical (HRG) surveys. (1) HRG surveys are 
defined as surveys using an electromechanical source that operates at 
frequencies less than 180 kHz, other than those defined at Sec.  
217.184(c)(1) (e.g., side-scan sonar, multibeam echosounder, or chirp 
sub-bottom profiler).
    (2) LOA-holders conducting HRG surveys must follow the requirements 
defined for shallow penetration surveys at Sec.  217.184(c), with the 
following exceptions:
    (i) No shutdowns are required for HRG surveys. Pre-start clearance 
watch is required as defined at Sec.  217.184(c), i.e., for a period of 
30 minutes and over a 200-m radius from the acoustic source.
    (ii) During survey operations (e.g., any day on which use of the 
acoustic

[[Page 172]]

source is planned to occur, and whenever the acoustic source is in the 
water, whether activated or not), a minimum of one trained and 
experienced independent PSO must be on duty and conducting visual 
observations at all times during daylight hours (i.e., from 30 minutes 
prior to sunrise through 30 minutes following sunset) when operating in 
waters deeper than 100 m.
    (iii) When operating in waters shallower than 100 m, LOA-holders 
must employ one trained visual PSO, who may be a crew member, only for 
purposes of conducting pre-start clearance monitoring. If PSOs are crew 
members, i.e., are not independent PSOs, the PSOs are not subject to 
NMFS' approval. In these circumstances, LOA requests must describe the 
training that will be provided to crew members filling the role of PSO.
    (iv) PSOs are not required during survey operations in which the 
active acoustic source(s) are deployed on an autonomous underwater 
vehicle.
    (e) Time-area closure. From January 1 through May 31, no use of 
airguns may occur shoreward of the 20-m isobath and between 90-84[deg] 
W.
    (f) Entanglement avoidance. To avoid the risk of entanglement, LOA-
holders conducting surveys using ocean-bottom nodes or similar gear 
must:
    (1) Use negatively buoyant coated wire-core tether cable;
    (2) Retrieve all lines immediately following completion of the 
survey; and
    (3) Attach acoustic pingers directly to the coated tether cable; 
acoustic releases should not be used.
    (g) Vessel strike avoidance. LOA-holders must adhere to the 
following requirements:
    (1) Vessel operators and crews must maintain a vigilant watch for 
all marine mammals and must slow down, stop their vessel, or alter 
course, as appropriate and regardless of vessel size, to avoid striking 
any marine mammal. A visual observer aboard the vessel must monitor a 
vessel strike avoidance zone around the vessel, which shall be defined 
according to the parameters stated in this subsection. Visual observers 
monitoring the vessel strike avoidance zone may be third-party observers 
(i.e., PSOs) or crew members, but crew members responsible for these 
duties must be provided sufficient training to distinguish marine 
mammals from other phenomena and broadly to identify a marine mammal as 
a baleen whale, sperm whale, or other marine mammal;
    (2) Vessel speeds must be reduced to 10 kn or less when mother/calf 
pairs, pods, or large assemblages of marine mammals are observed near a 
vessel;
    (3) All vessels must maintain a minimum separation distance of 500 m 
from baleen whales;
    (4) All vessels must maintain a minimum separation distance of 100 m 
from sperm whales;
    (5) All vessels must, to the maximum extent practicable, attempt to 
maintain a minimum separation distance of 50 m from all other marine 
mammals, with an exception made for those animals that approach the 
vessel; and
    (6) When marine mammals are sighted while a vessel is underway, the 
vessel must take action as necessary to avoid violating the relevant 
separation distance, e.g., attempt to remain parallel to the animal's 
course, avoid excessive speed or abrupt changes in direction until the 
animal has left the area. If marine mammals are sighted within the 
relevant separation distance, the vessel must reduce speed and shift the 
engine to neutral, not engaging the engines until animals are clear of 
the area. This does not apply to any vessel towing gear or any vessel 
that is navigationally constrained.
    (7) These requirements do not apply in any case where compliance 
would create an imminent and serious threat to a person or vessel or to 
the extent that a vessel is restricted in its ability to maneuver and, 
because of the restriction, cannot comply.



Sec.  217.185  Requirements for monitoring and reporting.

    (a) PSO qualifications. (1) PSOs must successfully complete 
relevant, acceptable training, including completion of all required 
coursework and passing (80 percent or greater) a written and/or oral 
examination developed for the training program.

[[Page 173]]

    (2) PSOs must have successfully attained a bachelor's degree from an 
accredited college or university with a major in one of the natural 
sciences, a minimum of 30 semester hours or equivalent in the biological 
sciences, and at least one undergraduate course in math or statistics. 
The educational requirements may be waived if the PSO has acquired the 
relevant skills through alternate experience. Requests for such a waiver 
must be submitted to NMFS and shall include written justification. 
Requests will be granted or denied (with justification) by NMFS within 
one week of receipt of submitted information. Alternate experience that 
may be considered includes, but is not limited to:
    (i) Secondary education and/or experience comparable to PSO duties;
    (ii) Previous work experience conducting academic, commercial, or 
government-sponsored marine mammal surveys; or
    (iii) Previous work experience as a PSO; the PSO should demonstrate 
good standing and consistently good performance of PSO duties.
    (b) Equipment. LOA-holders are required to:
    (i) Provide PSOs with bigeye binoculars (e.g., 25 x 150; 2.7 view 
angle; individual ocular focus; height control) of appropriate quality 
solely for PSO use. These must be pedestal-mounted on the deck at the 
most appropriate vantage point that provides for optimal sea surface 
observation, PSO safety, and safe operation of the vessel.
    (ii) For each vessel required to use a PAM system, provide a PAM 
system that has been verified and tested by an experienced acoustic PSO 
who will be using it during the trip for which monitoring is required;
    (iii) Work with the selected third-party observer provider to ensure 
PSOs have all equipment (including backup equipment) needed to 
adequately perform necessary tasks, including accurate determination of 
distance and bearing to observed marine mammals. (Equipment specified in 
A. through G. below may be provided by an individual PSO, the third-
party observer provider, or the LOA-holder, but the LOA-holder is 
responsible for ensuring PSOs have the proper equipment required to 
perform the duties specified herein.) Such equipment, at a minimum, must 
include:
    (A) Reticle binoculars (e.g., 7 x 50) of appropriate quality (at 
least one per PSO, plus backups);
    (B) Global Positioning Unit (GPS) (plus backup);
    (C) Digital camera with a telephoto lens (the camera or lens should 
also have an image stabilization system) that is at least 300 mm or 
equivalent on a full-frame single lens reflex (SLR) (plus backup);
    (D) Compass (plus backup);
    (E) Radios for communication among vessel crew and PSOs (at least 
one per PSO, plus backups); and
    (F) Any other tools necessary to adequately perform necessary PSO 
tasks.
    (c) Data collection. PSOs must use standardized electronic data 
forms. PSOs must record detailed information about any implementation of 
mitigation requirements, including the distance of marine mammals to the 
acoustic source and description of specific actions that ensued, the 
behavior of the animal(s), any observed changes in behavior before and 
after implementation of mitigation, and if shutdown was implemented, the 
length of time before any subsequent ramp-up or activation of the 
acoustic source. If required mitigation was not implemented, PSOs must 
record a description of the circumstances. At a minimum, the following 
information should be recorded:
    (1) Vessel names (source vessel and other vessels associated with 
survey), vessel size and type, maximum speed capability of vessel, port 
of origin, and call signs;
    (2) PSO names and affiliations;
    (3) Dates of departures and returns to port with port name;
    (4) Dates of and participants in PSO briefings;
    (5) Dates and times (Greenwich Mean Time) of survey effort and times 
corresponding with PSO effort;
    (6) Vessel location (latitude/longitude) when survey effort began 
and ended and vessel location at beginning and end of visual PSO duty 
shifts;
    (7) Vessel location at 30-second intervals (if software capability 
allows) or 5-

[[Page 174]]

minute intervals (if location must be manually recorded);
    (8) Vessel heading and speed at beginning and end of visual PSO duty 
shifts and upon any line change;
    (9) Environmental conditions while on visual survey (at beginning 
and end of PSO shift and whenever conditions changed significantly), 
including Beaufort sea state and any other relevant weather conditions 
including cloud cover, fog, sun glare, and overall visibility to the 
horizon;
    (10) Vessel location when environmental conditions change 
significantly;
    (11) Factors that may have contributed to impaired observations 
during each PSO shift change or as needed as environmental conditions 
change (e.g., vessel traffic, equipment malfunctions);
    (12) Survey activity information, such as acoustic source power 
output while in operation, number and volume of airguns operating in an 
array, tow depth of an acoustic source, and any other notes of 
significance (i.e., pre-start clearance, ramp-up, shutdown, testing, 
shooting, ramp-up completion, end of operations, streamers, etc.); and
    (13) Upon visual observation of a marine mammal, the following 
information:
    (i) Watch status (sighting made by PSO on/off effort, opportunistic, 
crew, alternate vessel/platform);
    (ii) PSO who sighted the animal and PSO location (including height 
above water) at time of sighting;
    (iii) Time of sighting;
    (iv) Vessel coordinates at time of sighting;
    (v) Water depth;
    (vi) Direction of vessel's travel (compass direction);
    (vii) Speed of the vessel(s) from which the observation was made;
    (viii) Direction of animal's travel relative to the vessel;
    (ix) Pace of the animal;
    (x) Estimated distance to the animal (and method of estimating 
distance) and its heading relative to vessel at initial sighting;
    (xi) Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species;
    (xii) Estimated number of animals (high/low/best);
    (xiii) Estimated number of animals by cohort (adults, juveniles, 
group composition, etc.);
    (xiv) Description (as many distinguishing features as possible of 
each individual seen, including length, shape, color, pattern, scars or 
markings, shape and size of dorsal fin, shape of head, and blow 
characteristics);
    (xv) Detailed behavior observations (e.g., number of blows/breaths, 
number of surfaces, breaching, spyhopping, diving, feeding, traveling; 
as explicit and detailed as possible; note any observed changes in 
behavior), including an assessment of behavioral responses to survey 
activity;
    (xvi) Animal's closest point of approach (CPA) and/or closest 
distance from any element of the acoustic source;
    (xvii) Platform activity at time of sighting (e.g., deploying, 
recovering, testing, shooting, data acquisition, other); and
    (xviii) Description of any actions implemented in response to the 
sighting (e.g., delays, shutdown, ramp-up) and time and location of the 
action.
    (14) Upon acoustic detection of a marine mammal using a PAM system, 
the following information:
    (i) An acoustic encounter identification number, and whether the 
detection was linked with a visual sighting;
    (ii) Date and time when first and last heard;
    (iii) Types and nature of sounds heard (e.g., clicks, whistles, 
creaks, burst pulses, continuous, sporadic, strength of signal); and
    (iv) Any additional information recorded such as water depth of the 
hydrophone array, bearing of the animal to the vessel (if determinable), 
species or taxonomic group (if determinable), spectrogram screenshot, 
and any other notable information.
    (d) Reporting. (1) Annual reporting must be submitted as specified 
in this paragraph.
    (i) LOA-holders must submit a summary report to NMFS on all 
activities and monitoring results within 90 days

[[Page 175]]

of the completion of the survey or expiration of the LOA, whichever 
comes sooner, and must include all information described above under 
Sec.  217.185(c). If an issued LOA is valid for greater than one year, 
the summary report must be submitted on an annual basis.
    (ii) The report must describe activities conducted and sightings of 
marine mammals, must provide full documentation of methods, results, and 
interpretation pertaining to all monitoring, and must summarize the 
dates and locations of survey operations and all marine mammal sightings 
(dates, times, locations, activities, associated survey activities, and 
information regarding locations where the acoustic source was used). In 
addition to the report, all raw observational data must be made 
available to NMFS.
    (iii) For operations requiring the use of PAM, the report must 
include a validation document concerning the use of PAM, which should 
include necessary noise validation diagrams and demonstrate whether 
background noise levels on the PAM deployment limited achievement of the 
planned detection goals. Copies of any vessel self-noise assessment 
reports must be included with the report.
    (iv) The LOA-holder must provide geo-referenced time-stamped vessel 
tracklines for all time periods in which airguns (full array or single) 
were operating. Tracklines must include points recording any change in 
airgun status (e.g., when the airguns began operating, when they were 
turned off). GIS files must be provided in ESRI shapefile format and 
include the UTC date and time, latitude in decimal degrees, and 
longitude in decimal degrees. All coordinates must be referenced to the 
WGS84 geographic coordinate system.
    (v) The draft report must be accompanied by a certification from the 
lead PSO as to the accuracy of the report, and the lead PSO may submit 
directly to NMFS a statement concerning implementation and effectiveness 
of the required mitigation and monitoring.
    (vi) A final report must be submitted within 30 days following 
resolution of any comments on the draft report.
    (2) Comprehensive reporting must be submitted as specified in this 
paragraph. LOA-holders must contribute to the compilation and analysis 
of data for inclusion in an annual synthesis report addressing all data 
collected and reported through annual reporting in each calendar year. 
The synthesis period shall include all annual reports deemed to be final 
by NMFS in a given one-year reporting period. The report must be 
submitted to NMFS within 90 days following the end of a given one-year 
reporting period.
    (e) Reporting of injured or dead marine mammals. (1) In the event 
that personnel involved in the survey activities discover an injured or 
dead marine mammal, the LOA-holder must report the incident to the 
Office of Protected Resources (OPR), NMFS and to the Southeast Regional 
Stranding Network as soon as feasible. The report must include the 
following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.
    (2) In the event of a ship strike of a marine mammal by any vessel 
involved in the survey activities, the LOA-holder must report the 
incident to OPR, NMFS and to the Southeast Regional Stranding Network as 
soon as feasible. The report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Vessel's speed during and leading up to the incident;
    (iv) Vessel's course/heading and what operations were being 
conducted (if applicable);
    (v) Status of all sound sources in use;
    (vi) Description of avoidance measures/requirements that were in 
place at

[[Page 176]]

the time of the strike and what additional measures were taken, if any, 
to avoid strike;
    (vii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility) immediately preceding the 
strike;
    (viii) Estimated size and length of animal that was struck;
    (ix) Description of the behavior of the marine mammal immediately 
preceding and following the strike;
    (x) If available, description of the presence and behavior of any 
other marine mammals immediately preceding the strike;
    (xi) Estimated fate of the animal (e.g., dead, injured but alive, 
injured and moving, blood or tissue observed in the water, status 
unknown, disappeared); and
    (xii) To the extent practicable, photographs or video footage of the 
animal(s).
    (3) For deep penetration surveys, in the event of a live stranding 
(or near-shore atypical milling) event within 50 km of the survey 
operations, where the NMFS stranding network is engaged in herding or 
other interventions to return animals to the water, the Director of OPR, 
NMFS (or designee) will advise the LOA-holder of the need to implement 
shutdown procedures for all active acoustic sources operating within 50 
km of the stranding. Shutdown procedures for live stranding or milling 
marine mammals include the following:
    (i) If at any time, the marine mammal(s) die or are euthanized, or 
if herding/intervention efforts are stopped, the Director of OPR, NMFS 
(or designee) will advise the LOA-holder that the shutdown around the 
animals' location is no longer needed.
    (ii) Otherwise, shutdown procedures will remain in effect until the 
Director of OPR, NMFS (or designee) determines and advises the LOA-
holder that all live animals involved have left the area (either of 
their own volition or following an intervention).
    (iii) If further observations of the marine mammals indicate the 
potential for re-stranding, additional coordination with the LOA-holder 
will be required to determine what measures are necessary to minimize 
that likelihood (e.g., extending the shutdown or moving operations 
farther away) and to implement those measures as appropriate.
    (4) If NMFS determines that the circumstances of any marine mammal 
stranding found in the vicinity of the activity suggest investigation of 
the association with survey activities is warranted, and an 
investigation into the stranding is being pursued, NMFS will submit a 
written request to the LOA-holder indicating that the following initial 
available information must be provided as soon as possible, but no later 
than 7 business days after the request for information. In the event 
that the investigation is still inconclusive, the investigation of the 
association of the survey activities is still warranted, and the 
investigation is still being pursued, NMFS may provide additional 
information requests, in writing, regarding the nature and location of 
survey operations prior to the time period above.
    (i) Status of all sound source use in the 48 hours preceding the 
estimated time of stranding and within 50 km of the discovery/
notification of the stranding by NMFS; and
    (ii) If available, description of the behavior of any marine 
mammal(s) observed preceding (i.e., within 48 hours and 50 km) and 
immediately after the discovery of the stranding.

[86 FR 5444, Jan. 19, 2021; 86 FR 18476, Apr. 9, 2021]



Sec.  217.186  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, prospective LOA-holders must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period not to exceed the expiration date of these regulations.
    (c) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the LOA-holder 
must apply for and obtain a modification of the LOA as described in 
Sec.  217.187.
    (d) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation)

[[Page 177]]

on the species or stock and its habitat; and
    (3) Requirements for monitoring and reporting.
    (e) 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 and a determination that the 
amount of take authorized under the LOA is of no more than small 
numbers.
    (f) For LOA issuance, where either (1) the conclusions put forth in 
an application (e.g., take estimates) are based on analytical methods 
that differ substantively from those used in the development of the 
rule, or (2) the proposed activity or anticipated impacts vary 
substantively in scope or nature from those analyzed for the rule, NMFS 
may publish a notice of proposed LOA in the Federal Register, including 
the associated analysis of the differences, and solicit public comment 
before making a decision regarding issuance of the LOA.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  217.187  Renewals and modifications of Letters of Authorization (LOA).

    (a) An LOA issued under Sec.  216.106 of this chapter and Sec.  
217.186 for the activity identified in Sec.  217.180 shall be modified 
upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For LOA modification requests by the applicant that include 
changes to the activity or the mitigation, monitoring, or reporting 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section) that result in 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) An LOA issued under Sec.  216.106 of this chapter and Sec.  
217.186 for the activity identified in Sec.  217.180 may be modified by 
NMFS under the following circumstances:
    (1) NMFS may modify (including adding or removing measures) the 
existing mitigation, monitoring, or reporting measures (after consulting 
with the LOA-holder regarding the practicability of the modifications) 
if doing so is practicable and 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 monitoring from previous years;
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (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) 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 in an LOA issued pursuant to Sec.  216.106 of this 
chapter and Sec.  217.186, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.

[[Page 178]]



Sec. Sec.  217.188-217.189  [Reserved]

Subpart T [Reserved]



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



Sec.  217.200  Specified activities and specified geographical region.

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



Sec.  217.201  Effective dates.

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



Sec.  217.202  Permissible methods of taking.

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



Sec.  217.203  Prohibitions.

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



Sec.  217.204  Mitigation.

    (a) When conducting operations identified in Sec.  217.200(a), the 
mitigation measures contained in the Letter of Authorization, issued 
under Sec.  216.106 of this chapter and Sec.  217.207, must be 
implemented. These mitigation measures are:
    (1) Through monitoring described under Sec.  217.205, the Holder of 
a Letter of Authorization will ensure that no marine mammal is subjected 
to a sound pressure levels of 190 or 180 dB re: 1 microPa or greater for 
pinnipeds and cetaceans, respectively. If a marine mammal is detected 
within or approaching a distance 200 m from in-water pile driving or in-
water chipping, operations shall be immediately delayed or suspended 
until the marine mammal moves outside these designated zones or the 
animal is not detected within 15 minutes of the last sighting.
    (2) If a marine mammal is detected within or approaching the Level B 
harassment zone designated for impact pile driving (350 m) prior to in-
water impact pile driving, operations shall

[[Page 179]]

not commence until the animal moves outside this zone or it is not 
detected within 15 minutes of the last sighting.
    (3) If a marine mammal is detected within or approaching the Level B 
harassment zone designated for vibratory pile driving (1,300 m) prior to 
in-water vibratory pile driving, operations shall not commence until the 
marine mammal moves outside this zone or it is not detected within 15 
minutes of the last sighting.
    (4) A start'' technique shall be used at the beginning of each day's 
in-water pile driving activities or if pile driving has ceased for more 
than one hour to allow any marine mammal that may be in the immediate 
area to leave before piling driving reaches full energy. For vibratory 
hammers, the soft start requires the holder of the Letter of 
Authorization to initiate noise from the hammers for 15 seconds at 
reduced energy followed by 1-minute waiting period and repeat the 
procedure two additional times. If an impact hammer is used, the soft 
start requires an initial set of three strikes from the impact hammer at 
40 percent energy, followed by a one minute waiting period, then two 
subsequent 3 strike sets.
    (5) In-water pile driving or chipping shall not occur when 
conditions restrict clear, visible detection of all waters within the 
appropriate harassment zones or the 200 m safety zone. Such conditions 
that can impair sightibility include, but are not limited to, fog and 
rough sea state.
    (6) In-water piles will be driven with a vibratory hammer to the 
maximum extent possible (i.e., until a desired depth is achieved or to 
refusal) prior to using an impact hammer.
    (7) In-water impact pile driving shall not occur during the period 
from two hours before low tide until two hours after low tide.
    (8) The following measures apply to all in-water pile driving, 
except during the ``stabbing'' phase, and all in-water chipping 
associated with demolition of the existing dock:
    (i) No in-water pile driving (impact or vibratory) or chipping shall 
occur if any marine mammal is located within 200m of the hammer in any 
direction. If any marine mammal is sighted within or approaching this 
200m safety zone, pile-driving or chipping must be suspended until the 
animal has moved outside the 200m safety zone or the animal is not 
resighted within 15 minutes.
    (ii) If a group of more than 5 beluga whales is sighted within the 
Level B harassment isopleths, in-water pile driving shall be suspended. 
If the group is not re-sighted within 15 minutes, pile driving may 
resume.
    (iii) If a beluga whale calf or group with a calf is sighted within 
or approaching a harassment zone, in-water pile driving shall cease and 
shall not be resumed until the calf or group is confirmed to be outside 
of the harassment zone and moving along a trajectory away from such 
zone. If the calf or group with a calf is not re-sighted within 15 
minutes, pile driving may resume.
    (9) If maximum authorized take is reached or exceeded for a 
particular species, any marine mammal of that species entering into the 
harassment or safety isopleths will trigger mandatory in-water pile 
driving shut down.
    (10) For Port of Anchorage operated in-water heavy machinery work 
other than pile driving or chipping (i.e., dredging, dump scowles, tug 
boats used to move barges, barge mounted hydraulic excavators, or 
clamshell equipment used to place or remove material), if a marine 
mammal comes within 50 m, those operations will cease and vessels will 
reduce to the slowest speed practicable while still maintaining control 
of the vessel and safe working conditions.
    (11) In the event the Port of Anchorage conducts out-of-water 
blasting, detonation of charges will be delayed if a marine mammal is 
detected anywhere within a visible distance from the detonation site.
    (12) Additional mitigation measures as contained in a Letter of 
Authorization.
    (b) [Reserved]



Sec.  217.205  Requirements for monitoring and reporting.

    (a) The Holder of a Letter of Authorization issued pursuant to Sec.  
216.106 of this chapter and Sec.  217.207, for activities described in 
Sec.  217.200(a) is required to cooperate with NMFS, and any other

[[Page 180]]

Federal, state or local agency with authority to monitor the impacts of 
the activity on marine mammals. Unless specified otherwise in the Letter 
of Authorization, the Holder of the Letter of Authorization must notify 
the Administrator, Alaska Region, NMFS, by letter, e-mail, or telephone, 
at least 2 weeks prior to commencement of seasonal activities and dock 
demolition possibly involving the taking of marine mammals. If the 
activity identified in Sec.  217.200(a) is thought to have resulted in 
the mortality or injury of any marine mammals or in any take of marine 
mammals not identified in Sec.  217.202(b), the Holder of the Letter of 
Authorization must notify the Director, Office of Protected Resources, 
NMFS, or designee, by e-mail or telephone (301-713-2289), within 24 
hours of the discovery of the injured or dead animal.
    (b) The Holder of a Letters of Authorization must designate 
qualified, on-site marine mammal observers (MMOs), approved in advance 
by NMFS, as specified in the Letter of Authorization, to:
    (1) Conduct visual marine mammal monitoring at the Port of Anchorage 
beginning 30 minutes prior to and during all in-water pile driving or 
chipping and out-of-water blasting.
    (2) Record the following information on NMFS-approved marine mammal 
sighting sheets whenever a marine mammal is detected:
    (i) Date and time of initial sighting to end of sighting, tidal 
stage, and weather conditions (including Beaufort Sea State);
    (ii) Species, number, group composition, initial and closest 
distance to pile driving hammer, and behavior (e.g., activity, group 
cohesiveness, direction and speed of travel, etc.) of animals throughout 
duration of sighting;
    (iii) Any discrete behavioral reactions to in-water work;
    (iv) The number (by species) of marine mammals that have been taken;
    (v) Pile driving, chipping, or out of water blasting activities 
occurring at the time of sighting and if and why shut down was or was 
not implemented.
    (3) Employ a scientific marine mammal monitoring team separate from 
the on-site MMOs to characterize beluga whale abundance, movements, 
behavior, and habitat use around the Port of Anchorage and observe, 
analyze, and document potential changes in behavior in response to in-
water construction work. This monitoring team is not required to be 
present during all in-water pile driving operations but will continue 
monitoring one-year post in-water construction. The on-site MMOs and 
this marine mammal monitoring team shall remain in contact to alert each 
other to marine mammal presence when both teams are working.
    (c) The Holder of a Letter of Authorization must conduct additional 
monitoring as required under an annual Letter of Authorization.
    (d) The Holder of a Letter of Authorization shall submit a monthly 
report to NMFS' Headquarters Permits, Education and Conservation 
Division and the Alaska Region, Anchorage for all months in-water pile 
driving or chipping takes place. This report must contain the 
information listed in paragraph (b)(2) of this section.
    (e) An annual report must be submitted at the time of application 
for renewal of a Letter of Authorization. This report will summarize all 
in-water construction activities and marine mammal monitoring from 
January 1- December 31, annually, and any discernable short or long term 
impacts from the Marine Terminal Expansion Project.
    (f) A final report must be submitted to NMFS upon application for a 
subsequent incidental take authorization or, if no future authorization 
is requested, no later than 90 days post expiration of these 
regulations. This report will:
    (1) Summarize the activities undertaken and the results reported in 
all previous reports;
    (2) Assess the impacts to marine mammals from the port expansion 
project; and
    (3) Assess the cumulative impacts on marine mammals.



Sec.  217.206  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the U.S. citizen (as defined by Sec.  216.103 of this 
chapter) conducting the activity identified in Sec.  217.200(a) (the

[[Page 181]]

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



Sec.  217.207  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec.  217.208.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking; and
    (2) Requirements for mitigation, monitoring and reporting, 
including, but not limited to, means of effecting the least practicable 
adverse impact on the species, its habitat, and on the availability of 
the species for subsistence uses.
    (c) Issuance of a Letter of Authorization will be based on the 
determination that the number of marine mammals taken during the period 
the Letter of Authorization is valid will be small, that the total 
taking of marine mammals by the activities specified in Sec.  217.200(a) 
will have no more than a negligible impact on the species or stock of 
affected marine mammal(s), and that the total taking will not have an 
unmitigable adverse impact on the availability of species or stocks of 
marine mammals for subsistence uses.
    (d) Notice of issuance or denial of an application for a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.



Sec.  217.208  Renewal of Letters of Authorization.

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

[[Page 182]]

indicates that a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming season will 
occur, NMFS will provide the public a period of 30 days for review and 
comment on the request.
    (c) Notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.



Sec.  217.209  Modifications of Letters of Authorization.

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



  Subpart W_Taking and Importing Marine Mammals Incidental to Hampton 
       Roads Connector Partners Construction at Norfolk, Virginia

    Source: 86 FR 17490, Apr. 2, 2021, unless otherwise noted.

    Effective Date Note: At86 FR 17490, Apr. 2, 2021, subpart W was 
added, effective Apr. 2, 2021, through Apr. 1, 2026.



Sec.  217.210  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the Hampton Roads 
Connector Partners (HRCP) and those persons it authorizes or funds to 
conduct activities on its behalf for the taking of marine mammals that 
occurs in the areas outlined in paragraph (b) of this section and that 
occurs incidental to construction activities including marine structure 
maintenance, pile replacement, and select waterfront improvements at the 
Hampton Roads Bridge Tunnel Expansion Project (HRBT).
    (b) The taking of marine mammals by HRCP may be authorized in a 
Letter of Authorization (LOA) only if it occurs at the Hampton Roads 
Bridge Tunnel Expansion project location in the James River between 
Norfolk, VA and Hampton, VA.



Sec.  217.211  Effective dates.

    Regulations in this subpart are effective from April 2, 2021 through 
April 2, 2026.



Sec.  217.212  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec. Sec.  216.106 of this 
chapter and 217.216, the Holder of the LOA (hereinafter ``HRCP'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  217.210(b) by Level A and Level B harassment 
associated with construction activities, provided the activity is in 
compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the applicable LOA.
    (b) [Reserved]



Sec.  217.213  Prohibitions.

    (a) Except for the takings contemplated in Sec.  217.22 and 
authorized by an LOA issued under Sec. Sec.  216.106 of this chapter and 
217.216, it is unlawful for any person to do any of the following in 
connection with the activities described in Sec.  217.210:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 217.216;
    (2) Take any marine mammal not specified in such LOA;

[[Page 183]]

    (3) Take any marine mammal specified in such LOA in any manner that 
is not authorized by the LOA; or
    (4) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal.
    (b) [Reserved]



Sec.  217.214  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  217.210(a), 
the mitigation measures contained in any LOA issued under Sec. Sec.  
216.106 of this chapter and 217.216 must be implemented. These 
mitigation measures shall include but are not limited to:
    (1) A copy of any issued LOA must be in the possession of HRCP, its 
designees, and work crew personnel operating under the authority of the 
issued LOA.
    (2) HRCP shall conduct briefings for construction supervisors and 
crews, the monitoring team, and HRCP staff prior to the start of all 
pile driving activity, and when new personnel join the work, in order to 
explain responsibilities, communication procedures, the marine mammal 
monitoring protocol, and operational procedures.
    (3) For in-water heavy machinery work other than pile driving, if a 
marine mammal comes within 10 meters (m), HRCP shall cease operations 
and reduce vessel speed to the minimum level required to maintain 
steerage and safe working conditions.
    (4) For all pile driving activity, HRCP shall implement a minimum 
shutdown zone of a 10 m radius around the pile. If a marine mammal comes 
within or approaches the shutdown zone, such operations shall cease.
    (5) For all pile driving activity, HRCP shall implement shutdown 
zones with radial distances as identified in a LOA issued under 
Sec. Sec.  216.106 of this chapter and 217.216. If a marine mammal comes 
within or approaches the shutdown zone, such operations shall cease.
    (6) HRCP shall deploy protected species observers (observers) as 
indicated in its Marine Mammal Monitoring Plan approved by NMFS.
    (7) For all pile driving activities, between one and four observers 
shall be stationed at the best vantage points practicable to monitor for 
marine mammals and implement shutdown/delay procedures.
    (8) Monitoring shall take place from 30 minutes prior to initiation 
of pile driving activity through 30 minutes post-completion of pile 
driving activity. Pre-activity monitoring shall be conducted for 30 
minutes to ensure that the shutdown zone is clear of marine mammals, and 
pile driving may commence when observers have declared the shutdown zone 
clear of marine mammals. In the event of a delay or shutdown of activity 
resulting from marine mammals in the shutdown zone, animals shall be 
allowed to remain in the shutdown zone (i.e., must leave of their own 
volition) and their behavior shall be monitored and documented. If a 
marine mammal is observed within the shutdown zone, a soft-start cannot 
proceed until the animal has left the zone or has not been observed for 
15 minutes. Monitoring shall occur throughout the time required to drive 
a pile. If in-water pile installation and removal work ceases for more 
than 30 minutes, the pre-activity monitoring of the shutdown zones must 
commence. A determination that the shutdown zone is clear must be made 
during a period of good visibility (i.e., the entire shutdown zone and 
surrounding waters must be visible to the naked eye).
    (9) If a marine mammal approaches or enters the shutdown zone, all 
pile driving activities at that location shall be halted. In the event 
of a delay, the activity may not commence or resume until either the 
animal has voluntarily left and been visually confirmed beyond the 
shutdown zone or fifteen minutes have passed without re-detection of the 
animal.
    (10) Pile driving activity must be halted upon observation of either 
a species for which incidental take is not authorized or a species for 
which incidental take has been authorized but the authorized number of 
takes has been met, entering or within the harassment zone.
    (11) Should environmental conditions deteriorate (e.g., fog, heavy 
rain) such

[[Page 184]]

that observers are unable to visibly detect marine mammals within the 
entire shutdown zone then HRCP shall delay pile driving and removal 
until observers are confident marine mammals within the shutdown zone 
could be detected.
    (12) Monitoring shall be conducted by trained observers, who shall 
have no other assigned tasks during monitoring periods. Trained 
observers shall be placed at the best vantage point(s) practicable to 
monitor for marine mammals and implement shutdown or delay procedures 
when applicable through communication with the equipment operator. HRCP 
shall adhere to the following additional observer qualifications:
    (i) Independent observers are required;
    (ii) At least one observer must have prior experience working as an 
observer;
    (iii) Other observers may substitute education (degree in biological 
science or related field) or training for experience;
    (iv) Where a team of three or more observers are required, one 
observer shall be designated as lead observer or monitoring coordinator. 
The lead observer must have prior experience working as an observer; and
    (v) HRCP must submit PSO CVs for approval by NMFS prior to the 
beginning of pile driving and drilling.
    (13) HRCP shall use soft start techniques for impact pile driving. 
Soft start for impact driving requires HRCP and those persons it 
authorizes to provide an initial set of three strikes at reduced energy, 
followed by a thirty-second waiting period, then two subsequent reduced 
energy three-strike sets. Soft start shall be implemented at the start 
of each day's impact pile driving and at any time following cessation of 
impact pile driving for a period of thirty minutes or longer.
    (14) HRCP shall employ bubble curtain systems during impact driving 
of steel piles except under conditions where the water depth is less 
than 20 feet in depth. Bubble curtains must meet the following 
requirements:
    (i) The bubble curtain must distribute air bubbles around 100 
percent of the piling perimeter for the full depth of the water column.
    (ii) The lowest bubble ring must be in contact with the mudline and/
or rock bottom for the full circumference of the ring, and the weights 
attached to the bottom ring shall ensure 100 percent mudline and/or rock 
bottom contact. No parts of the ring or other objects shall prevent full 
mudline and/or rock bottom contact.
    (iii) The bubble curtain must be operated such that there is proper 
(equal) balancing of air flow to all bubblers.
    (iv) HRCP shall require that construction contractors train 
personnel in the proper balancing of air flow to the bubblers and 
corrections to the attenuation device to meet the performance standards 
specified in an LOA issued under Sec. Sec.  216.106 of this chapter and 
Sec.  217.216. This shall occur prior to the initiation of pile driving 
activities.
    (b) [Reserved]



Sec.  217.215  Requirements for monitoring and reporting.

    (a) HRCP shall submit a Marine Mammal Monitoring Plan to NMFS for 
approval in advance of construction.
    (b) HRCP shall deploy observers as indicated in its approved Marine 
Mammal Monitoring Plan.
    (c) Observers shall be trained in marine mammal identification and 
behaviors. Observers shall have no other construction-related tasks 
while conducting monitoring.
    (d) HRCP shall monitor the Level B harassment zones and Level A 
harassment zones extending beyond the designated shutdown zones to the 
extent practicable.
    (e) HRCP shall monitor the shutdown zones during all pile driving 
and removal activities.
    (f) HRCP shall submit a draft annual monitoring report to NMFS 
within 90 work days of the completion of annual marine mammal 
monitoring. The report must detail the monitoring protocol and summarize 
the data recorded during monitoring. If no comments are received from 
NMFS within 30 days, the draft report will constitute the final report. 
If comments are received, a final report addressing NMFS comments must 
be submitted within 30

[[Page 185]]

days after receipt of comments. Specifically, the report must include:
    (1) Dates and times (begin and end) of all marine mammal monitoring;
    (2) Construction activities occurring during each daily observation 
period, including how many and what type of piles were driven or removed 
and by what method (i.e., impact or vibratory);
    (3) Environmental conditions during monitoring periods (at beginning 
and end of PSO shift and whenever conditions change significantly), 
including Beaufort sea state and any other relevant weather conditions 
including cloud cover, fog, sun glare, and overall visibility to the 
horizon, estimated observable distance (if less than the harassment zone 
distance), and percentages of Level A and Level B harassment zones that 
are not visible;
    (4) The number of marine mammals observed, by species, relative to 
the pile location and if pile driving or removal was occurring at time 
of sighting;
    (5) Age and sex class, if possible, of all marine mammals observed;
    (6) PSO locations during marine mammal monitoring;
    (7) Distances and bearings of each marine mammal observed to the 
pile being driven or removed for each sighting (if pile driving or 
removal was occurring at time of sighting);
    (8) Description of any marine mammal behavior patterns during 
observation, including direction of travel and estimated time spent 
within the Level A and Level B harassment zones while the source was 
active;
    (9) Number of marine mammals detected within the harassment zones, 
by species;
    (10) Detailed information about any implementation of any mitigation 
triggered (e.g., shutdowns and delays), a description of specific 
actions that ensued, and resulting behavior of the animal, if any; and
    (11) Description of attempts to distinguish between the number of 
individual animals taken and the number of incidences of take, such as 
ability to track groups or individuals;
    (g) In the event that personnel involved in the construction 
activities discover an injured or dead marine mammal, HRCP shall report 
the incident to the Office of Protected Resources (OPR) (301-427-8401), 
NMFS and to the Greater Atlantic Region New England/Mid-Atlantic 
Regional Stranding Coordinator as soon as feasible. If the death or 
injury was clearly caused by the specified activity, HRCP must 
immediately cease the specified activities until NMFS is able to review 
the circumstances of the incident and determine what, if any, additional 
measures are appropriate to ensure compliance with the terms of the 
authorization. HRCP must not resume their activities until notified by 
NMFS. The report must include the following information:
    (1) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (2) Species identification (if known) or description of the 
animal(s) involved;
    (3) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (4) Observed behaviors of the animal(s), if alive;
    (5) If available, photographs or video footage of the animal(s); and
    (6) General circumstances under which the animal was discovered.



Sec.  217.216  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, HRCP must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, HRCP may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, HRCP must apply 
for and obtain a modification of the LOA as described in Sec.  217.217.
    (e) The LOA shall set forth the following information:
    (1) Permissible methods of incidental taking;

[[Page 186]]

    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  217.217  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.216 for the activity identified in Sec.  217.210(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The planned 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; 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 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
217.216 for the activity identified in Sec.  217.210(a) may be modified 
by NMFS under the following circumstances:
    (1) HRCP may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with NMFS 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 a LOA:
    (A) Results from HRCP's monitoring from previous years;
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (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) 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 in a LOA issued pursuant to Sec. Sec.  216.106 of this 
chapter and 217.216, a LOA may be modified without prior notice or 
opportunity for public comment. Notice would be published in the Federal 
Register within thirty days of the action.



Sec. Sec.  217.218-217.219  [Reserved]

Subpart X [Reserved]

Subparts Z-[Reserved]



Subpart AA_Taking Marine Mammals Incidental to Construction of the Ocean 
                  Wind 1 Project Offshore of New Jersey

    Source: 88 FR 62977, Sept. 13, 2023, unless otherwise noted.

    Effective Date Note: At 88 FR 62977, Sept. 13, 2023, subpart AA was 
added, effective Oct. 13, 2023, through Oct. 12, 2028



Sec.  217.260  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply to activities associated with 
the Ocean

[[Page 187]]

Wind 1 project (hereafter referred to as the ``Project'') by Ocean Wind, 
LLC (hereafter referred to as ``LOA Holder''), and those persons it 
authorizes or funds to conduct activities on its behalf in the area 
outlined in paragraph (b) of this section. Requirements imposed on LOA 
Holder must be implemented by those persons it authorizes or funds to 
conduct activities on its behalf.
    (b) The specified geographical region is the Mid-Atlantic Bight, 
which includes, but is not limited to, the Bureau of Ocean Energy 
Management (BOEM) Lease Area Outer Continental Shelf (OCS)-A 0498 
Commercial Lease of Submerged Lands for Renewable Energy Development, 
two export cable routes, and two sea-to-shore transition points located 
in New Jersey at Oyster Creek, Island Beach State Park in Barnegat Bay, 
Farm Property, and BL England.
    (c) The specified activities are impact pile driving of wind turbine 
generator (WTGs) and offshore substation (OSSs) foundations; vibratory 
pile driving (install and subsequently remove) of cofferdams and goal 
posts; high-resolution geophysical (HRG) site characterization surveys; 
unexploded ordnances or munitions and explosives of concern (UXOs/MECs) 
detonation; vessel transit within the specified geographical region to 
transport crew, supplies, and materials; WTG operation; fishery and 
ecological monitoring surveys; placement of scour protection; and 
trenching, laying, and burial activities associated with the 
installation of the export cable route from OSSs to shore-based 
converter stations and inter-array cables between turbines.



Sec.  217.261  Effective dates.

    The regulations in this subpart are effective from October 13, 2023, 
through October 12, 2028.



Sec.  217.262  Permissible methods of taking.

    Under the LOA, issued pursuant to Sec. Sec.  216.106 and 217.266, 
LOA Holder, and those persons it authorizes or funds to conduct 
activities on its behalf, may incidentally, but not intentionally, take 
marine mammals within the vicinity of BOEM Lease Area OCS-A 0498 
Commercial Lease of Submerged Lands for Renewable Energy Development, 
along export cable routes, and at the two sea-to-shore transition points 
located in New Jersey at Oyster Creek, Island Beach State Park in 
Barnegat Bay, Farm Property, and BL England in the following ways, 
provided LOA Holder is in complete compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
appropriate LOA:
    (a) By Level B harassment associated with the acoustic disturbance 
of marine mammals by impact pile driving (WTG and OSS foundation 
installation), vibratory pile driving (cofferdam and goal post 
installation and removal), UXO/MEC detonations, and HRG site 
characterization surveys;
    (b) By Level A harassment associated with the acoustic disturbance 
of marine mammals by impact pile driving of WTG and OSS foundations and 
UXO/MEC detonations;
    (c) Take by mortality or serious injury of any marine mammal species 
is not authorized; and
    (d) The incidental take of marine mammals by the activities listed 
in paragraphs (a) and (b) of this section is limited to the following 
species:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
      Marine mammal species         Scientific name          Stock
------------------------------------------------------------------------
North Atlantic right whale......  Eubalaena           Western Atlantic.
                                   glacialis.
Blue whale......................  Balaenoptera        Western North
                                   musculus.           Atlantic.
Fin whale.......................  Balaenoptera        Western North
                                   physalus.           Atlantic.
Humpback whale..................  Megaptera           Gulf of Maine.
                                   novaeangliae.
Minke whale.....................  Balaenoptera        Canadian Eastern
                                   acutorostrata.      Coastal.
Sei whale.......................  Balaenoptera        Nova Scotia.
                                   borealis.
Sperm whale.....................  Physeter            North Atlantic.
                                   macrocephalus.
Atlantic spotted dolphin........  Stenella frontalis  Western North
                                                       Atlantic.
Atlantic white-sided dolphin....  Lagenorhynchus      Western North
                                   acutus.             Atlantic.
Bottlenose dolphin..............  Tursiops truncatus  Western North
                                                       Atlantic--Offshor
                                                       e.
                                                      Northern Migratory
                                                       Coastal.
Common dolphin..................  Delphinus delphis.  Western North
                                                       Atlantic.
Long-finned pilot whale.........  Globicephala melas  Western North
                                                       Atlantic.
Short-finned pilot whale........  Globicephala        Western North
                                   macrorhynchus.      Atlantic.

[[Page 188]]

 
Risso's dolphin.................  Grampus griseus...  Western North
                                                       Atlantic.
Harbor porpoise.................  Phocoena phocoena.  Gulf of Maine/Bay
                                                       of Fundy.
Gray seal.......................  Halichoerus grypus  Western North
                                                       Atlantic.
Harbor seal.....................  Phoca vitulina....  Western North
                                                       Atlantic.
------------------------------------------------------------------------



Sec.  217.263  Prohibitions.

    Except for the takings described in Sec.  217.262 and authorized by 
an LOA issued under Sec. Sec.  217.266 or 217.267, it is unlawful for 
any person to do any of the following in connection with the activities 
described in this subpart:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  217.266 
and 217.267;
    (b) Take any marine mammal not specified in Sec.  217.262(d);
    (c) Take any marine mammal specified in the LOA in any manner other 
than as specified in the LOA; or
    (d) Take any marine mammal specified in Sec.  217.262(d), after NMFS 
Office of Protected Resources determines such taking results in more 
than a negligible impact on the species or stocks of such marine 
mammals.



Sec.  217.264  Mitigation requirements.

    When conducting the activities identified in Sec.  217.260(c) within 
the area described in Sec.  217.260(b), LOA Holder must implement the 
mitigation measures contained in this section and any LOA issued under 
Sec. Sec.  217.266 and 217.267. These mitigation measures include, but 
are not limited to:
    (a) General conditions. LOA Holder must comply with the following 
general measures:
    (1) A copy of any issued LOA must be in the possession of LOA Holder 
and its designees, all vessel operators, visual protected species 
observers (PSOs), passive acoustic monitoring (PAM) operators, pile 
driver operators, and any other relevant designees operating under the 
authority of the issued LOA;
    (2) LOA Holder must conduct training for construction, survey, and 
vessel personnel and the marine mammal monitoring team (PSO and PAM 
operators) prior to the start of all in-water construction activities in 
order to explain responsibilities, communication procedures, marine 
mammal detection and identification, mitigation, monitoring, and 
reporting requirements, safety and operational procedures, and 
authorities of the marine mammal monitoring team(s). This training must 
be repeated for new personnel who join the work during the project. A 
description of the training program must be provided to NMFS at least 60 
days prior to the initial training before in-water activities begin. 
Confirmation of all required training must be documented on a training 
course log sheet and reported to NMFS Office of Protected Resources 
prior to initiating project activities;
    (3) Prior to and when conducting any in-water activities and vessel 
operations, LOA Holder personnel and contractors (e.g., vessel 
operators, PSOs) must use available sources of information on North 
Atlantic right whale presence in or near the Project Area including 
daily monitoring of the Right Whale Sightings Advisory System, and 
monitoring of U.S. Coast Guard VHF Channel 16 throughout the day to 
receive notification of any sightings and/or information associated with 
any Slow Zones (i.e., Dynamic Management Areas (DMAs) and/or 
acoustically-triggered slow zones) to provide situational awareness for 
both vessel operators, PSO(s), and PAM operator(s); The marine mammal 
monitoring team must monitor these systems no less than every 4 hours. 
For any UXO/MEC detonation, these systems must be monitored for 24 hours 
and immediately prior to blasting;
    (4) Any marine mammal observed by project personnel must be 
immediately communicated to any on-duty PSOs, PAM operator(s), and all 
vessel captains. Any large whale observation or acoustic detection by 
PSOs or PAM operators must be conveyed to all vessel captains;
    (5) For North Atlantic right whales, any visual or acoustic 
detection must trigger a delay to the commencement of pile driving, UXO/
MEC detonation, and HRG surveys.
    (6) In the event that a large whale is sighted or acoustically 
detected that

[[Page 189]]

cannot be confirmed as a non-North Atlantic right whale, it must be 
treated as if it were a North Atlantic right whale for purposes of 
mitigation;
    (7) If a delay to commencing an activity is called for by the Lead 
PSO or PAM operator, LOA Holder must take the required mitigative 
action. If a shutdown of an activity is called for by the Lead PSO or 
PAM operator, LOA Holder must take the required mitigative action unless 
shutdown would result in imminent risk of injury or loss of life to an 
individual, pile refusal, or pile instability. Any disagreements between 
the Lead PSO, PAM operator, and the activity operator regarding delays 
or shutdowns would only be discussed after the mitigative action has 
occurred;
    (8) If an individual from a species for which authorization has not 
been granted, or a species for which authorization has been granted but 
the authorized take number has been met, is observed entering or within 
the relevant Level B harassment zone prior to beginning a specified 
activity, the activity must be delayed. If the activity is ongoing, it 
must be shut down immediately, unless shutdown would result in imminent 
risk of injury or loss of life to an individual, pile refusal, or pile 
instability. The activity must not commence or resume until the 
animal(s) has been confirmed to have left and is on a path away from the 
Level B harassment zone or after 15 minutes for small odontocetes and 
pinnipeds, and 30 minutes for all other species with no further 
sightings;
    (9) For in-water construction heavy machinery activities listed in 
Sec.  217.260(c), if a marine mammal is on a path towards or comes 
within 10 meters (m) (32.8 feet) of equipment, LOA Holder must cease 
operations until the marine mammal has moved more than 10 m on a path 
away from the activity to avoid direct interaction with equipment;
    (10) All vessels must be equipped with a properly installed, 
operational Automatic Identification System (AIS) device and LOA Holder 
must report all Maritime Mobile Service Identify (MMSI) numbers to NMFS 
Office of Protected Resources;
    (11) By accepting the issued LOA, LOA Holder consents to on-site 
observation and inspections by Federal agency personnel (including NOAA 
personnel) during activities described in this subpart, for the purposes 
of evaluating the implementation and effectiveness of measures contained 
within the LOA and this subpart; and
    (12) It is prohibited to assault, harm, harass (including sexually 
harass), oppose, impede, intimidate, impair, or in any way influence or 
interfere with a PSO, PAM Operator, or vessel crew member acting as an 
observer, or attempt the same. This prohibition includes, but is not 
limited to, any action that interferes with an observer's 
responsibilities, or that creates an intimidating, hostile, or offensive 
environment. Personnel may report any violations to the NMFS Office of 
Law Enforcement.
    (b) Vessel strike avoidance measures. LOA Holder must comply with 
the following vessel strike avoidance measures, unless an emergency 
situation presents a threat to the health, safety, or life of a person 
or when a vessel, actively engaged in emergency rescue or response 
duties, including vessel-in-distress or environmental crisis response, 
requires speeds in excess of 10 kn to fulfill those responsibilities, 
while in the specified geographical region:
    (1) Prior to the start of the Project's activities involving 
vessels, LOA Holder must receive a protected species training that 
covers, at a minimum, identification of marine mammals that have the 
potential to occur where vessels would be operating; detection 
observation methods in both good weather conditions (i.e., clear 
visibility, low winds, low sea states) and bad weather conditions (i.e., 
fog, high winds, high sea states, with glare); sighting communication 
protocols; all vessel speed and approach limit mitigation requirements 
(e.g., vessel strike avoidance measures); and information and resources 
available to the project personnel regarding the applicability of 
Federal laws and regulations for protected species. This training must 
be repeated for any new vessel personnel who join the Project. 
Confirmation of

[[Page 190]]

the observers' training and understanding of the Incidental Take 
Authorization (ITA) requirements must be documented on a training course 
log sheet and reported to NMFS;
    (2) LOA Holder's vessels, regardless of their vessel's size, must 
maintain a vigilant watch for all marine mammals and slow down, stop 
their vessel, or alter course to avoid striking any marine mammal;
    (3) LOA Holder's underway vessels (e.g., transiting, surveying) 
operating at any speed must have a dedicated visual observer on duty at 
all times to monitor for marine mammals within a 180[deg] direction of 
the forward path of the vessel (90[deg] port to 90[deg] starboard) 
located at an appropriate vantage point for ensuring vessels are 
maintaining appropriate separation distances. Visual observers must be 
equipped with alternative monitoring technology (e.g., night vision 
devices, infrared cameras) for periods of low visibility (e.g., 
darkness, rain, fog, etc.). The dedicated visual observer must receive 
prior training on protected species detection and identification, vessel 
strike minimization procedures, how and when to communicate with the 
vessel captain, and reporting requirements in this subpart. Visual 
observers may be third-party observers (i.e., NMFS-approved PSOs) or 
trained crew members, as defined in (b)(1) of this subsection.
    (4) LOA Holder must continuously monitor the U.S. Coast Guard VHF 
Channel 16 at the onset of transiting through the duration of 
transiting, over which North Atlantic right whale sightings are 
broadcasted. At the onset of transiting and at least once every 4 hours, 
vessel operators and/or trained crew member(s) must also monitor the 
project's Situational Awareness System, WhaleAlert, and relevant NOAA 
information systems such as the Right Whale Sighting Advisory System 
(RWSAS) for the presence of North Atlantic right whales;
    (5) All LOA Holder's vessels must transit at 10 kn or less within 
any active North Atlantic right whale Slow Zone (i.e., Dynamic 
Management Areas (DMAs) or acoustically-triggered slow zone);
    (6) All LOA Holder's vessels, regardless of size, must immediately 
reduce speed to 10 kn or less for at least 24 hours when a North 
Atlantic right whale is sighted at any distance by any project-related 
personnel or acoustically detected by any project-related PAM system. 
Each subsequent observation or acoustic detection in the Project area 
shall trigger an additional 24-hour period. If a North Atlantic right 
whale is reported via any of the monitoring systems (refer back to 
paragraph (b)(4) of this section) within 10 kilometers (km; 6.2 miles 
(mi)) of a transiting vessel(s), that vessel must operate at 10 knots 
(kn; 11.5 miles per hour (mph)) or less for 24 hours following the 
reported detection;
    (7) LOA Holder's vessels, regardless of size, must immediately 
reduce speed to 10 kn or less when any large whale (other than a North 
Atlantic right whale) is observed within 500 meters (m; 1,640 feet (ft)) 
of an underway vessel;
    (8) If LOA Holder's vessel(s) are traveling at speeds greater than 
10 kn (i.e., no speed restrictions are enacted) in a transit corridor 
from a port to the Lease Area, in addition to the required dedicated 
visual observer, LOA Holder must monitor the transit corridor in real-
time with PAM prior to and during transits. If a North Atlantic right 
whale is detected via visual observation or PAM within or approaching 
the transit corridor, all crew transfer vessels must travel at 10 kn or 
less for 24 hours following the detection. Each subsequent detection 
shall trigger a 24-hour reset. A slowdown in the transit corridor 
expires when there has been no further visual or acoustic detection in 
the transit corridor in the past 24 hours;
    (9) LOA Holder's vessels must maintain a minimum separation distance 
of 500 m from North Atlantic right whales. If underway, all vessels must 
steer a course away from any sighted North Atlantic right whale at 10 kn 
or less such that the 500-m minimum separation distance requirement is 
not violated. If a North Atlantic right whale is sighted within 500 m of 
an underway vessel, that vessel must reduce speed and shift the engine 
to neutral. Engines must not be engaged until the whale has moved 
outside of the vessel's

[[Page 191]]

path and beyond 500 m. If a whale is observed but cannot be confirmed as 
a species other than a North Atlantic right whale, the vessel operator 
must assume that it is a North Atlantic right whale and take the vessel 
strike avoidance measures described in this paragraph (b)(9) of this 
section;
    (10) LOA Holder's vessels must maintain a minimum separation 
distance of 100 m (328 ft) from sperm whales and non-North Atlantic 
right whale baleen whales. If one of these species is sighted within 100 
m of a transiting vessel, LOA Holder's vessel must reduce speed and 
shift the engine to neutral. Engines must not be engaged until the whale 
has moved outside of the vessel's path and beyond 100 m;
    (11) LOA Holder's vessels must maintain a minimum separation 
distance of 50 m (164 ft) from all delphinoid cetaceans and pinnipeds 
with an exception made for those that approach the vessel (i.e., bow-
riding dolphins). If a delphinid cetacean or pinniped is sighted within 
50 m of a transiting vessel, LOA Holder's vessel must shift the engine 
to neutral, with an exception made for those that approach the vessel 
(e.g., bow-riding dolphins). Engines must not be engaged until the 
animal(s) has moved outside of the vessel's path and beyond 50 m;
    (12) When a marine mammal(s) is sighted while LOA Holder's vessel(s) 
is transiting, the vessel must take action as necessary to avoid 
violating the relevant separation distances (e.g., attempt to remain 
parallel to the animal's course, slow down, and avoid abrupt changes in 
direction until the animal has left the area). This measure does not 
apply to any vessel towing gear or any situation where respecting the 
relevant separation distance would be unsafe (i.e., any situation where 
the vessel is navigationally constrained);
    (13) LOA Holder's vessels underway must not divert or alter course 
to approach any marine mammal. If a separation distance is triggered, 
any vessel underway must avoid abrupt changes in course direction and 
transit at 10 kn or less until the animal is outside the relevant 
separation distance;
    (14) LOA Holder is required to abide by other speed and approach 
regulations. Nothing in this subpart exempts vessels from any other 
applicable marine mammal speed and approach regulations;
    (15) LOA Holder must check, daily, for information regarding the 
establishment of mandatory or voluntary vessel strike avoidance areas 
(i.e., DMAs, SMAs, Slow Zones) and any information regarding North 
Atlantic right whale sighting locations;
    (16) LOA Holder must submit a North Atlantic Right Whale Vessel 
Strike Avoidance Plan to NMFS Office of Protected Resources for review 
and approval at least 90 days prior to the planned start of vessel 
activity. The plan must provide details on the vessel-based observer and 
PAM protocols for transiting vessels. If a plan is not submitted or 
approved by NMFS prior to vessel operations, all project vessels 
transiting, year round, must travel at speeds of 10-kn or less. LOA 
Holder must comply with any approved North Atlantic Right Whale Vessel 
Strike Avoidance Plan; and
    (17) Speed over ground will be used to measure all vessel speed 
restrictions.
    (c) WTG and OSS foundation installation. The following requirements 
apply to impact pile driving activities associated with the installation 
of WTG and OSS foundations:
    (1) Impact pile driving must not occur January 1 through April 30. 
Impact pile driving must be avoided to the maximum extent practicable in 
December; however, it may occur if necessary to complete the project 
with prior approval by NMFS;
    (2) Monopiles must be no larger than 11 m in diameter, representing 
the larger end of the monopile design. During all monopile installation, 
the minimum amount of hammer energy necessary to effectively and safely 
install and maintain the integrity of the piles must be used. Hammer 
energies must not exceed 4,000 kilojoules for monopile installation. No 
more than two monopiles may be installed per day. Pin piles must be no 
larger than 5 m in diameter. During all pin pile installation, the 
minimum amount of hammer energy necessary to effectively and safely 
install and maintain the integrity of the piles must be used. Hammer 
energies must not exceed 2,500 kJ for pin pile installation. No more 
than

[[Page 192]]

three pin piles may be installed per day;
    (3) LOA Holder may initiate impact pile driving during hours of 
darkness only from June 1 to October 31, annually, in accordance with a 
NMFS-approved Alternative Monitoring Plan for Nighttime Pile Driving;
    (4) For the construction months of May and November (as well as 
December, if approval is granted by NMFS), impact pile driving must only 
be initiated during daylight hours, defined as no later than 1.5 hours 
prior to civil sunset and no earlier than 1 hour after civil sunrise, 
and would only be allowed to continue into darkness if stopping 
operations represents a risk to human health, safety, and/or pile 
stability;
    (5) LOA Holder must utilize a soft-start protocol for each impact 
pile driving event of all foundations by performing four to six strikes 
per minute at 10 to 20 percent of the maximum hammer energy, for a 
minimum of 20 minutes;
    (6) Soft-start must occur at the beginning of impact driving and at 
any time following a cessation of impact pile driving of 30 minutes or 
longer;
    (7) LOA Holder must establish clearance and shutdown zones, which 
must be measured using the radial distance around the pile being driven. 
If a marine mammal is detected within or about to enter the applicable 
clearance zones, prior to the beginning of soft-start procedures, impact 
pile driving must be delayed until the animal has been visually observed 
exiting the clearance zone or until a specific time period has elapsed 
with no further sightings. The specific time periods are 15 minutes for 
small odontocetes and pinnipeds, and 30 minutes for all other species;
    (8) For North Atlantic right whales, any visual observation or 
acoustic detection must trigger a delay to the commencement of pile 
driving. The clearance zone may only be declared clear if no North 
Atlantic right whale acoustic or visual detections have occurred within 
the clearance zone during the 60-minute monitoring period;
    (9) LOA Holder must deploy at least two functional noise abatement 
systems that reduce noise levels to the modeled harassment isopleths, 
assuming 10-dB attenuation, during all impact pile driving:
    (i) A single bubble curtain must not be used;
    (ii) Any bubble curtain(s) must distribute air bubbles using an air 
flow rate of at least 0.5 m\3\/(minute*m). The bubble curtain(s) must 
surround 100 percent of the piling perimeter throughout the full depth 
of the water column. In the unforeseen event of a single compressor 
malfunction, the offshore personnel operating the bubble curtain(s) must 
adjust the air supply and operating pressure such that the maximum 
possible sound attenuation performance of the bubble curtain(s) is 
achieved;
    (iii) The lowest bubble ring must be in contact with the seafloor 
for the full circumference of the ring, and the weights attached to the 
bottom ring must ensure 100-percent seafloor contact;
    (iv) No parts of the ring or other objects may prevent full seafloor 
contact with a bubble curtain ring;
    (v) Construction contractors must train personnel in the proper 
balancing of airflow to the bubble curtain ring. LOA Holder must provide 
NMFS Office of Protected Resources with a bubble curtain performance 
test and maintenance report to review within 72 hours after each pile 
using a bubble curtain is installed. Additionally, a full maintenance 
check (e.g., manually clearing holes) must occur prior to each pile 
being installed;
    (vi) Corrections to the bubble ring(s) to meet the performance 
standards in this paragraph (c)(9) must occur prior to impact pile 
driving of monopiles. If LOA Holder uses a noise mitigation device in 
addition to the bubble curtain, LOA Holder must maintain similar quality 
control measures as described in this paragraph (c)(9).
    (10) LOA Holder must utilize NMFS-approved PAM systems, as described 
in paragraph(c)(17) of this section. The PAM system components (i.e., 
acoustic buoys) must not be placed closer than 1 km to the pile being 
driven so that the activities do not mask the PAM system. LOA Holder 
must provide an adequate demonstration of and justification for the 
detection range of the

[[Page 193]]

system they plan to deploy while considering potential masking from 
concurrent pile-driving and vessel noise. The PAM system must be able to 
detect a vocalization of North Atlantic right whales up to 10 km (6.2 
mi).
    (11) LOA Holder must utilize PSO(s) and PAM operator(s), as 
described in Sec.  217.265(c). At least three on-duty PSOs must be on 
the pile driving platform. Additionally, two dedicated-PSO vessels must 
be used at least 60 minutes before, during, and 30 minutes after all 
pile driving, and each dedicated-PSO vessel must have at least three 
PSOs on duty during these time periods. LOA Holder may request NMFS 
approval to use alternative technology (e.g., drones) in lieu of one or 
two of the dedicated PSO vessels that provide similar marine mammal 
detection capabilities.
    (12) If a marine mammal is detected (visually or acoustically) 
entering or within the respective shutdown zone after pile driving has 
begun, the PSO or PAM operator must call for a shutdown of pile driving 
and LOA Holder must stop pile driving immediately, unless shutdown is 
not practicable due to imminent risk of injury or loss of life to an 
individual or risk of damage to a vessel that creates risk of injury or 
loss of life for individuals, or the lead engineer determines there is 
pile refusal or pile instability. If pile driving is not shutdown in one 
of these situations, LOA Holder must reduce hammer energy to the lowest 
level practicable and the reason(s) for not shutting down must be 
documented and reported to NMFS Office of Protected Resources within the 
applicable monitoring reports (e.g., weekly, monthly).
    (13) A visual observation or acoustic detection of a North Atlantic 
right whale at any distance triggers shutdown requirements under 
paragraph (c)(12) of this section. If pile driving has been shut down 
due to the presence of a North Atlantic right whale, pile driving may 
not restart until the North Atlantic right whale has neither been 
visually or acoustically detected for 30 minutes;
    (14) If pile driving has been shut down due to the presence of a 
marine mammal other than a North Atlantic right whale, pile driving must 
not restart until either the marine mammal(s) has voluntarily left the 
specific clearance zones and has been visually or acoustically confirmed 
beyond that clearance zone, or, when specific time periods have elapsed 
with no further sightings or acoustic detections have occurred. The 
specific time periods are 15 minutes for small odontocetes and 
pinnipeds, and 30 minutes for all other marine mammal species. In cases 
where these criteria are not met, pile driving may restart only if 
necessary to maintain pile stability at which time LOA Holder must use 
the lowest hammer energy practicable to maintain stability;
    (15) LOA Holder must conduct sound field verification (SFV) 
measurements during pile driving activities associated with the 
installation of, at minimum, the first three monopile foundations. SFV 
measurements must continue until at least three consecutive piles 
demonstrate noise levels are at or below those modeled, assuming 10 
decibels (dB) of attenuation. Subsequent SFV measurements are also 
required should larger piles be installed or if additional piles are 
driven that may produce louder sound fields than those previously 
measured (e.g., higher hammer energy, greater number of strikes, etc.). 
SFV measurements must be conducted as follows:
    (i) Measurements must be made at a minimum of four distances from 
the pile(s) being driven, along a single transect, in the direction of 
lowest transmission loss (i.e., projected lowest transmission loss 
coefficient), including, but not limited to, 750 m (2,460 ft) and three 
additional ranges selected such that measurement of Level A harassment 
and Level B harassment isopleths are accurate, feasible, and avoids 
extrapolation. At least one additional measurement at an azimuth 90 
degrees from the array at 750 m must be made. At each location, there 
must be a near bottom and mid-water column hydrophone (measurement 
systems);
    (ii) The recordings must be continuous throughout the duration of 
all pile driving of each foundation;
    (iii) The SFV measurement systems must have a sensitivity 
appropriate for the expected sound levels from pile

[[Page 194]]

driving received at the nominal ranges throughout the installation of 
the pile. The frequency range of SFV measurement systems must cover the 
range of at least 20 hertz (Hz) to 20 kilohertz (kHz). The SFV 
measurement systems must be designed to have omnidirectional sensitivity 
so that the broadband received level of all pile driving exceeds the 
system noise floor by at least 10 dB. The dynamic range of the SFV 
measurement system must be sufficient such that at each location, and 
the signals avoid poor signal-to-noise ratios for low amplitude signals 
and avoid clipping, nonlinearity, and saturation for high amplitude 
signals;
    (iv) All hydrophones used in SFV measurements systems are required 
to have undergone a full system, traceable laboratory calibration 
conforming to International Electrotechnical Commission (IEC) 60565, or 
an equivalent standard procedure, from a factory or accredited source to 
ensure the hydrophone receives accurate sound levels, at a date not to 
exceed 2 years before deployment. Additional in-situ calibration checks 
using a pistonphone are required to be performed before and after each 
hydrophone deployment. If the measurement system employs filters via 
hardware or software (e.g., high-pass, low-pass, etc.), which is not 
already accounted for by the calibration, the filter performance (i.e., 
the filter's frequency response) must be known, reported, and the data 
corrected before analysis.
    (v) LOA Holder must be prepared with additional equipment 
(hydrophones, recording devices, hydrophone calibrators, cables, 
batteries, etc.), which exceeds the amount of equipment necessary to 
perform the measurements, such that technical issues can be mitigated 
before measurement;
    (vi) LOA Holder must submit 48-hour interim reports after each 
foundation is measured (see Sec.  217.265(g) section for interim and 
final reporting requirements);
    (vii) LOA Holder must not exceed modeled distances to NMFS marine 
mammal Level A harassment and Level B harassment thresholds, assuming 
10-dB attenuation, for foundation installation. If any of the interim 
SFV measurement reports submitted for the first three monopiles indicate 
the modeled distances to NMFS marine mammal Level A harassment and Level 
B harassment thresholds assuming 10-dB attenuation, then LOA Holder must 
implement additional sound attenuation measures on all subsequent 
foundations. LOA Holder must also increase clearance and shutdown zone 
sizes to those identified by NMFS until SFV measurements on at least 
three additional foundations demonstrate acoustic distances to 
harassment thresholds meet or are less than those modeled assuming 10-dB 
of attenuation. LOA Holder must optimize the sound attenuation systems 
(e.g., ensure hose maintenance, pressure testing, etc.) to meet noise 
levels modeled, assuming 10-dB attenuation, within three piles or else 
foundation installation activities must cease until NMFS and LOA Holder 
can evaluate the situation and ensure future piles must not exceed noise 
levels modeled assuming 10-dB attenuation;
    (viii) If, after additional measurements conducted pursuant to 
requirements of paragraph (15)(vii) of this section, acoustic 
measurements indicate that ranges to isopleths corresponding to the 
Level A harassment and Level B harassment thresholds are less than the 
ranges predicted by modeling (assuming 10-dB attenuation), LOA Holder 
may request to NMFS Office of Protected Resources a modification of the 
clearance and shutdown zones. For NMFS Office of Protected Resources to 
consider a modification request for reduced zone sizes, LOA Holder must 
have conducted SFV measurements on an additional three foundations and 
ensure that subsequent foundations would be installed under conditions 
that are predicted to produce smaller harassment zones than those 
modeled assuming 10-dB of attenuation;
    (ix) LOA Holder must conduct SFV measurements upon commencement of 
turbine operations to estimate turbine operational source levels, in 
accordance with a NMFS-approved Foundation Installation Pile Driving SFV 
Plan. SFV must be conducted in the same manner as previously described 
in paragraph (c)(15) of this section, with

[[Page 195]]

appropriate adjustments to measurement distances, number of hydrophones, 
and hydrophone sensitivities being made, as necessary; and
    (x) LOA Holder must submit a SFV Plan to NMFS Office of Protected 
Resources for review and approval at least 180 days prior to planned 
start of foundation installation activities and abide by the Plan if 
approved. At minimum, the SFV Plan must describe how LOA Holder would 
ensure that the first three monopile foundation installation sites 
selected for SFV measurements are representative of the rest of the 
monopile installation sites such that future pile installation events 
are anticipated to produce similar sound levels to those piles measured. 
In the case that these sites/scenarios are not determined to be 
representative of all other pile installation sites, LOA Holder must 
include information in the SFV Plan on how additional sites/scenarios 
would be selected for SFV measurements. The SFV Plan must also include 
methodology for collecting, analyzing, and preparing SFV measurement 
data for submission to NMFS Office of Protected Resources and describe 
how the effectiveness of the sound attenuation methodology would be 
evaluated based on the results. SFV for pile driving may not occur until 
NMFS approves the SFV Plan for this activity.
    (16) LOA Holder must submit a Foundation Installation Pile Driving 
Marine Mammal Monitoring Plan to NMFS Office of Protected Resources for 
review and approval at least 180 days prior to planned start of pile 
driving and abide by the Plan if approved. LOA Holder must obtain both 
NMFS Office of Protected Resources and NMFS Greater Atlantic Regional 
Fisheries Office Protected Resources Division's concurrence with this 
Plan prior to the start of any pile driving. The Plan must include a 
description of all monitoring equipment and PAM and PSO protocols 
(including number and location of PSOs) for all pile driving. No 
foundation pile installation can occur without NMFS' approval of the 
Plan; and
    (17) LOA Holder must submit a Passive Acoustic Monitoring Plan (PAM 
Plan) to NMFS Office of Protected Resources for review and approval at 
least 180 days prior to the planned start of foundation installation 
activities (impact pile driving) and abide by the Plan if approved. The 
PAM Plan must include a description of all proposed PAM equipment, 
address how the proposed passive acoustic monitoring must follow 
standardized measurement, processing methods, reporting metrics, and 
metadata standards for offshore wind. The Plan must describe all 
proposed PAM equipment, procedures, and protocols including proof that 
vocalizing North Atlantic right whales will be detected within the 
clearance and shutdown zones. No pile installation can occur if LOA 
Holder's PAM Plan does not receive approval from NMFS Office of 
Protected Resources and NMFS Greater Atlantic Regional Fisheries Office 
Protected Resources Division.
    (d) Cofferdam and goal post installation and removal. The following 
requirements apply to the installation and removal of cofferdams and 
goal posts at the cable landfall construction sites:
    (1) Installation and removal of cofferdams and goal posts must not 
occur during nighttime hours (defined as the hours between 1.5 hours 
prior to civil sunset and 1 hour after civil sunrise);
    (2) All installation and removal of sheet piles for cofferdams and 
casing pipes for goal posts must only occur for up to 12 hours for each 
cofferdam and up to 1 hour daily for each goal post (within a single 24-
hour period);
    (3) LOA Holder must establish and implement clearance zones for the 
installation and removal of cofferdams and goal posts using visual 
monitoring. These zones must be measured using the radial distance from 
the cofferdam and goal post being installed and/or removed;
    (4) LOA Holder must utilize PSO(s), as described in Sec.  
217.265(d). At least two on-duty PSOs must monitor for marine mammals at 
least 30 minutes before, during, and 30 minutes after vibratory pile 
driving associated with cofferdam and casing pipe installation; and
    (5) If a marine mammal is observed entering or within the respective 
shutdown zone after vibratory pile driving has begun, the PSO must call 
for a shutdown of vibratory pile driving.

[[Page 196]]

LOA Holder must stop vibratory pile driving immediately unless shutdown 
is not practicable due to imminent risk of injury or loss of life to an 
individual or if there is a risk of damage to the vessel that would 
create a risk of injury or loss of life for individuals or if the lead 
engineer determines there is refusal or instability. In any of these 
situations, LOA Holder must document the reason(s) for not shutting down 
and report the information to NMFS Office of Protected Resources in the 
next available weekly report (as described in Sec.  217.265(h)).
    (e) UXO/MEC detonations. The following requirements apply to all 
Unexploded Ordnances and Munitions and Explosives of Concern (UXO/MEC) 
detonations:
    (1) Upon encountering an UXO/MEC, LOA Holder may only resort to 
high-order removal (i.e., detonation) if all other means of removal are 
impracticable;
    (2) LOA Holder may detonate a maximum of 10 UXO/MECs, of varying 
sizes but no larger than 1,000 pounds (lbs; 454 kilograms (kg)) charge 
weight (i.e., E12), over the effective period of this rulemaking and 
LOA;
    (3) LOA Holder must not detonate UXO/MECs from November 1 through 
April 31, annually;
    (4) UXO/MEC detonations must only occur during daylight hours;
    (5) No more than one detonation may occur within a 24-hour period;
    (6) LOA Holder must establish and implement clearance zones for UXO/
MEC detonation using both visual and acoustic monitoring, as described 
in paragraphs (c)(7), (8), and (12) through (14) of this section. UXO/
MEC clearance zones are specific to the known charge weight size of the 
UXO/MEC to be detonated; if charge weight is unknown or uncertain then 
the largest zone size must be used;
    (7) LOA Holder must utilize PSO(s) and PAM operator(s), as described 
in Sec.  217.265(c). At least three PSOs on each of two dedicated PSO 
vessels must be used for all detonations with clearance zones less than 
5 km (3.1 mi). If the clearance zone is larger than 5 km, at least one 
dedicated PSO vessel (with at least three on-duty PSOs) and an aerial 
platform (with at least two on-duty PSOs) must be used. Clearance zone 
size is measured using the radial distance from the UXO/MEC to be 
detonated;
    (8) LOA Holder must utilize NMFS-approved PAM systems, as described 
in (c)(17) of this section.
    (9) LOA Holder must deploy at least a double big bubble curtain 
during all UXO/MEC detonations. The bubble curtain must be deployed at a 
distance that avoids damage to the hose nozzles:
    (i) Any bubble curtain(s) must distribute air bubbles using an air 
flow rate of at least 0.5 m\3\/(minute*m). The bubble curtain(s) must 
surround 100 percent of the piling perimeter throughout the full depth 
of the water column;
    (ii) The lowest bubble ring must be in contact with the seafloor for 
the full circumference of the ring, and the weights attached to the 
bottom ring must ensure 100-percent seafloor contact;
    (iii) No parts of the ring or other objects may prevent full 
seafloor contact with a bubble curtain ring;
    (iv) Construction contractors must train personnel in the proper 
balancing of airflow to the bubble curtain ring. LOA Holder must provide 
NMFS Office of Protected Resources with a bubble curtain performance 
test and maintenance report to review within 72 hours after each UO/MEC 
is detonated. Additionally, a full maintenance check (e.g., manually 
clearing holes) must occur prior to each UXO/MEC detonation;
    (v) Corrections to the bubble ring(s) to meet the performance 
standards in this paragraph (e)(9) must occur prior to UXO/MEC 
detonation.
    (10) LOA Holder must conduct SFV during all UXO/MEC detonations as 
described in paragraph (c)(15) of this section and deploy a pressure 
transducer;
    (11) Clearance zones must be fully visible for at least 60 minutes 
and all marine mammal(s) must be confirmed to be outside of the 
clearance zone for at least 30 minutes prior to detonation. PAM must 
also be conducted for at least 60 minutes and the zone must be 
acoustically cleared during this time. If a marine mammal is observed 
entering or within the clearance zone prior

[[Page 197]]

to denotation, the activity must be delayed. Detonation may only 
commence if all marine mammals have been confirmed to have voluntarily 
left the clearance zones and been visually confirmed to be beyond the 
clearance zone, or when 60 minutes have elapsed without any redetections 
for whales (including the North Atlantic right whale) or 15 minutes have 
elapsed without any redetections of delphinids, harbor porpoises, or 
seals;
    (12) For UXO/MEC detonations, LOA Holder must follow all measures 
described in paragraphs (c)(15) and Sec.  217.264(c)(15)(i) through 
(vi), as well as the measures below:
    (i) LOA Holder must not exceed modeled distances to NMFS marine 
mammal Level A harassment and Level B harassment thresholds, assuming 
10-dB attenuation, for UXO/MEC detonations. If any of the interim SFV 
measurement reports submitted for any UXO/MEC detonations indicate the 
modeled distances to NMFS marine mammal Level A harassment and Level B 
harassment thresholds assuming 10-dB attenuation for future detonations 
will be exceeded, then LOA Holder must implement additional sound 
attenuation measures on all subsequent UXO/MEC detonations, including 
but not limited to the deployment of additional NAS to assist in 
achieving measurements in alignment with the modeled ranges. LOA Holder 
must also increase clearance zone sizes to those identified by NMFS 
until SFV measurements on UXO/MECs demonstrate distances to harassment 
thresholds will be met or will be less than those modeled assuming 10 dB 
of attenuation. LOA Holder must optimize the sound attenuation systems 
(e.g., ensure hose maintenance, pressure testing, etc.) to meet noise 
levels modeled, assuming 10 dB of attenuation, for UXO/MECs of the same 
charge weight or else no detonation activities must occur until NMFS and 
LOA Holder can evaluate the situation and ensure future UXO/MEC 
detonations must not exceed noise levels modeled, assuming 10-dB 
attenuation;
    (ii) LOA Holder must submit a SFV Plan for UXO/MEC detonation to 
NMFS Office of Protected Resources for review and approval at least 180 
days prior to planned start of UXO/MEC detonation activities and abide 
by the Plan if approved. The SFV Plan must include methodology for 
collecting, analyzing, and preparing SFV measurement data for submission 
to NMFS Office of Protected Resources and describe how the effectiveness 
of the sound attenuation methodology would be evaluated based on the 
results. For recommended SFV protocols for UXO/MEC, please consult the 
National Physical Laboratory (NPL) Protocol for In-Situ Underwater 
Measurement of Explosive Ordnance Disposal for UXO (2020). SFV for UXO/
MEC detonation cannot occur until NMFS approves the SFV Plan for this 
activity;
    (iii) LOA Holder must submit a UXO/MEC Marine Mammal Monitoring Plan 
to NMFS Office of Protected Resources for review and approval at least 
180 days prior to planned start of UXO/MEC detonation, respectively, and 
abide by the Plan if approved. LOA Holder must obtain both NMFS Office 
of Protected Resources and NMFS Greater Atlantic Regional Fisheries 
Office Protected Resources Division's concurrence with this Plan prior 
to the start of any UXO/MEC detonations. The Plan must include a 
description of all monitoring equipment and PAM and PSO protocols 
(including number and location of PSOs) for all UXO/MEC detonations. The 
Plan must include final UXO/MEC detonation project design (e.g., number 
and type of UXO/MECs, removal method(s), charge weight(s), anticipated 
start date, etc.) and all information related to PAM and PSO monitoring 
protocols for UXO/MEC activities. The Plan must detail all plans and 
procedures for sound attenuation as well as for monitoring marine 
mammals during all UXO/MEC detonations. No UXO/MEC detonations can occur 
without NMFS' approval of the Plan; and
    (iv) LOA Holder must submit a Passive Acoustic Monitoring Plan (PAM 
Plan) to NMFS Office of Protected Resources for review and approval at 
least 180 days prior to the planned start of UXO/MEC detonations and 
abide by the Plan if approved. The PAM Plan must include a description 
of all proposed PAM equipment, address how the proposed passive acoustic 
monitoring

[[Page 198]]

must follow standardized measurement, processing methods, reporting 
metrics, and metadata standards for offshore wind. The Plan must 
describe all proposed PAM equipment, procedures, and protocols including 
proof that vocalizing North Atlantic right whales will be detected 
within the clearance and shutdown zones. No UXO/MEC detonations can 
occur if LOA Holder's PAM Plan does not receive approval from NMFS 
Office of Protected Resources and NMFS Greater Atlantic Regional 
Fisheries Office Protected Resources Division.
    (f) HRG surveys. The following requirements apply to HRG surveys 
operating sub-bottom profilers (SBPs) (i.e., boomers, sparkers, and 
Compressed High Intensity Radiated Pulse (CHIRPS)):
    (1) LOA Holder must establish and implement clearance and shutdown 
zones for HRG surveys using visual monitoring, as described in paragraph 
(c) of this section;
    (2) LOA Holder must utilize PSO(s), as described in Sec.  
217.265(f);
    (3) LOA Holder must abide by the relevant Project Design Criteria 
(PDCs 4, 5, and 7) of the programmatic consultation completed by NMFS' 
Greater Atlantic Regional Fisheries Office on June 29, 2021 (revised 
September 2021), pursuant to section 7 of the Endangered Species Act 
(ESA). To the extent that any relevant Best Management Practices (BMPs) 
described in these PDCs are more stringent than the requirements herein, 
those BMPs supersede these requirements;
    (4) SBPs (hereinafter referred to as ``acoustic sources'') must be 
deactivated when not acquiring data or preparing to acquire data, except 
as necessary for testing. Acoustic sources must be used at the lowest 
practicable source level to meet the survey objective, when in use, and 
must be turned off when they are not necessary for the survey;
    (5) LOA Holder is required to ramp-up acoustic sources prior to 
commencing full power, unless the equipment operates on a binary on/off 
switch, and ensure visual clearance zones are fully visible (e.g., not 
obscured by darkness, rain, fog, etc.) and clear of marine mammals, as 
determined by the Lead PSO, for at least 30 minutes immediately prior to 
the initiation of survey activities using acoustic sources specified in 
the LOA. Ramp-up and activation must be delayed if a marine mammal(s) 
enters its respective shutdown zone. Ramp-up and activation may only be 
reinitiated if the animal(s) has been observed exiting its respective 
shutdown zone or until 15 minutes for small odontocetes and pinnipeds, 
and 30 minutes for all other species, has elapsed with no further 
sightings;
    (6) Prior to a ramp-up procedure starting or activating acoustic 
sources, the acoustic source operator (operator) must notify a 
designated PSO of the planned start of ramp-up as agreed upon with the 
Lead PSO. The notification time should not be less than 60 minutes prior 
to the planned ramp-up or activation in order to allow the PSOs time to 
monitor the clearance zone(s) for 30 minutes prior to the initiation of 
ramp-up or activation (pre-start clearance). During this 30-minute pre-
start clearance period, the entire applicable clearance zones must be 
visible, except as indicated in paragraph (f)(12) of this section;
    (7) Ramp-ups must be scheduled so as to minimize the time spent with 
the source activated;
    (8) A PSO conducting pre-start clearance observations must be 
notified again immediately prior to reinitiating ramp-up procedures and 
the operator must receive confirmation from the PSO to proceed;
    (9) LOA Holder must implement a 30-minute clearance period of the 
clearance zones immediately prior to the commencing of the survey or 
when there is more than a 30-minute break in survey activities or PSO 
monitoring. A clearance period is a period when no marine mammals are 
detected in the relevant zone;
    (10) If a marine mammal is observed within a clearance zone during 
the clearance period, ramp-up or acoustic surveys may not begin until 
the animal(s) has been observed voluntarily exiting its respective 
clearance zone or until a specific time period has elapsed with no 
further sighting. The specific time period is 15 minutes for small

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odontocetes and pinnipeds, and 30 minutes for all other species;
    (11) In any case when the clearance process has begun in conditions 
with good visibility, including via the use of night vision equipment 
(infrared (IR)/thermal camera), and the Lead PSO has determined that the 
clearance zones are clear of marine mammals, survey operations would be 
allowed to commence (i.e., no delay is required) despite periods of 
inclement weather and/or loss of daylight. Ramp-up may occur at times of 
poor visibility, including nighttime, if appropriate visual monitoring 
has occurred with no detections of marine mammals in the 30 minutes 
prior to beginning ramp-up;
    (12) Once the survey has commenced, LOA Holder must shut down 
acoustic sources if a marine mammal enters a respective shutdown zone, 
except in cases when the shutdown zones become obscured for brief 
periods due to inclement weather, survey operations would be allowed to 
continue (i.e., no shutdown is required) so long as no marine mammals 
have been detected. The shutdown requirement does not apply to small 
delphinids of the following genera: Delphinus, Stenella, Lagenorhynchus, 
and Tursiops. If there is uncertainty regarding the identification of a 
marine mammal species (i.e., whether the observed marine mammal belongs 
to one of the delphinid genera for which shutdown is waived), the PSOs 
must use their best professional judgment in making the decision to call 
for a shutdown. Shutdown is required if a delphinid that belongs to a 
genus other than those specified in this paragraph (f)(12) of this 
section is detected in the shutdown zone;
    (13) If an acoustic source has been shut down due to the presence of 
a marine mammal, the use of an acoustic source may not commence or 
resume until the animal(s) has been confirmed to have left the Level B 
harassment zone or until a full 15 minutes (for small odontocetes and 
seals) or 30 minutes (for all other marine mammals) have elapsed with no 
further sighting;
    (14) LOA Holder must immediately shut down any acoustic source if a 
marine mammal is sighted entering or within its respective shutdown 
zones. If there is uncertainty regarding the identification of a marine 
mammal species (i.e., whether the observed marine mammal belongs to one 
of the delphinid genera for which shutdown is waived), the PSOs must use 
their best professional judgment in making the decision to call for a 
shutdown. Shutdown is required if a delphinid that belongs to a genus 
other than those specified in paragraph (f)(12) of this section is 
detected in the shutdown zone; and
    (15) If an acoustic source is shut down for a period longer than 30 
minutes, all clearance and ramp-up procedures must be initiated. If an 
acoustic source is shut down for reasons other than mitigation (e.g., 
mechanical difficulty) for less than 30 minutes, acoustic sources may be 
activated again without ramp-up only if PSOs have maintained constant 
observation and no additional detections of any marine mammal occurred 
within the respective shutdown zones.
    (g) Fisheries monitoring surveys. The following measures apply to 
fishery monitoring surveys:
    (1) Survey gear must be deployed as soon as possible once the vessel 
arrives on station. Gear must not be deployed if there is a risk of 
interaction with marine mammals. Gear may be deployed after 15 minutes 
of no marine mammal sightings within 1 nautical mile (nmi; 1,852 m) of 
the sampling station;
    (2) LOA Holder and/or its cooperating institutions, contracted 
vessels, or commercially hired captains must implement the following 
``move-on'' rule: If marine mammals are sighted within 1 nmi of the 
planned location and 15 minutes before gear deployment, then LOA Holder 
and/or its cooperating institutions, contracted vessels, or commercially 
hired captains, as appropriate, must move the vessel away from the 
marine mammal to a different section of the sampling area. If, after 
moving on, marine mammals are still visible from the vessel, LOA Holder 
and its cooperating institutions, contracted vessels, or commercially 
hired captains must move again or skip the station;
    (3) If a marine mammal is deemed to be at risk of interaction after 
the gear is deployed or set, all gear must be immediately removed from 
the water. If marine mammals are sighted before

[[Page 200]]

the gear is fully removed from the water, the vessel must slow its speed 
and maneuver the vessel away from the animals to minimize potential 
interactions with the observed animal;
    (4) LOA Holder must maintain visual marine mammal monitoring effort 
during the entire period of time that gear is in the water (i.e., 
throughout gear deployment, fishing, and retrieval);
    (5) All fisheries monitoring gear must be fully cleaned and repaired 
(if damaged) before each use/deployment;
    (6) LOA Holder's fixed gear must comply with the Atlantic Large 
Whale Take Reduction Plan regulations at 50 CFR 229.32 during fisheries 
monitoring surveys;
    (7) Trawl tows must be limited to a maximum of a 20-minute trawl 
time at 3.0 kn;
    (8) All gear must be emptied as close to the deck/sorting area and 
as quickly as possible after retrieval;
    (9) During trawl surveys, vessel crew must open the codend of the 
trawl net close to the deck in order to avoid injury to animals that may 
be caught in the gear;
    (10) Baited remote underwater video (BRUV) sampling must limit soak 
duration to 60 minutes or less, BRUVs must use a weighted line attached 
to surface and subsurface buoys that must hold a stereo-camera system in 
the water column and a system at the seafloor, and the vessel must 
remain on location with the gear while it is in use;
    (11) Each chevron trap must have a vertical buoy line and must limit 
soak duration to 90 minutes or less;
    (12) All fishery survey-related lines must include the breaking 
strength of all lines being less than 1,700 pounds (lbs; 771 kilograms 
(kg)). This may be accomplished by using whole buoy line that has a 
breaking strength of 1,700 lbs; or buoy line with weak inserts that 
result in line having an overall breaking strength of 1,700 lbs;
    (13) During any survey that uses vertical lines, buoy lines must be 
weighted and must not float at the surface of the water and all 
groundlines must consist of sinking lines. All groundlines must be 
composed entirely of sinking lines. Buoy lines must utilize weak links. 
Weak links must break cleanly leaving behind the bitter end of the line. 
The bitter end of the line must be free of any knots when the weak link 
breaks. Splices are not considered to be knots. The attachment of buoys, 
toggles, or other floatation devices to groundlines is prohibited;
    (14) All in-water survey gear, including buoys, must be properly 
labeled with the scientific permit number or identification as LOA 
Holder's research gear. All labels and markings on the gear, buoys, and 
buoy lines must also be compliant with the applicable regulations, and 
all buoy markings must comply with instructions received by the NOAA 
Greater Atlantic Regional Fisheries Office Protected Resources Division;
    (15) All survey gear must be removed from the water whenever not in 
active survey use (i.e., no wet storage); and
    (16) All reasonable efforts, that do not compromise human safety, 
must be undertaken to recover gear.



Sec.  217.265  Monitoring and reporting requirements.

    (a) Protected species observer (PSO) and passive acoustic monitoring 
(PAM) operator qualifications. LOA Holder must implement the following 
measures applicable to PSOs and PAM operators:
    (1) LOA Holder must use independent, NMFS-approved PSOs and PAM 
operators, meaning that the PSOs and PAM operators must be employed by a 
third-party observer provider, must have no tasks other than to conduct 
observational effort, collect data, and communicate with and instruct 
relevant crew with regard to the presence of protected species and 
mitigation requirements;
    (2) All PSOs and PAM operators must have successfully attained a 
bachelor's degree from an accredited college or university with a major 
in one of the natural sciences, a minimum of 30 semester hours or 
equivalent in the biological sciences, and at least one undergraduate 
course in math or statistics. The educational requirements may be waived 
if the PSO or PAM operator has acquired the relevant skills through a 
suitable amount of alternate experience. Requests for such a waiver must 
be submitted to NMFS Office of Protected Resources and must include

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written justification containing alternative experience. Alternate 
experience that may be considered includes, but is not limited to: 
previous work experience conducting academic, commercial, or government-
sponsored marine mammal visual and/or acoustic surveys; or previous work 
experience as a PSO/PAM operator;
    (3) PSOs must have visual acuity in both eyes (with correction of 
vision being permissible) sufficient enough to discern moving targets on 
the water's surface with the ability to estimate the target size and 
distance (binocular use is allowable); ability to conduct field 
observations and collect data according to the assigned protocols; 
sufficient training, orientation, or experience with the construction 
operation to provide for personal safety during observations; writing 
skills sufficient to document observations, including but not limited 
to, the number and species of marine mammals observed, the dates and 
times of when in-water construction activities were conducted, the dates 
and time when in-water construction activities were suspended to avoid 
potential incidental take of marine mammals from construction noise 
within a defined shutdown zone, and marine mammal behavior; and the 
ability to communicate orally, by radio, or in-person, with project 
personnel to provide real-time information on marine mammals observed in 
the area;
    (4) All PSOs must be trained in northwestern Atlantic Ocean marine 
mammal identification and behaviors and must be able to conduct field 
observations and collect data according to assigned protocols. 
Additionally, PSOs must have the ability to work with all required and 
relevant software and equipment necessary during observations (as 
described in paragraphs (b)(6) and (b)(7) of this section);
    (5) All PSOs and PAM operators must successfully complete a relevant 
training course within the last 5 years, including obtaining a 
certificate of course completion;
    (6) PSOs and PAM operators are responsible for obtaining NMFS' 
approval. NMFS may approve PSOs and PAM operators as conditional or 
unconditional. A conditionally-approved PSO or PAM operator may be one 
who has completed training in the last 5 years but has not yet attained 
the requisite field experience. An unconditionally approved PSO or PAM 
operator is one who has completed training within the last 5 years and 
attained the necessary experience (i.e., demonstrate experience with 
monitoring for marine mammals at clearance and shutdown zone sizes 
similar to those produced during the respective activity). Lead PSO or 
PAM operators must be unconditionally approved and have a minimum of 90 
days in an northwestern Atlantic Ocean offshore environment performing 
the role (either visual or acoustic), with the conclusion of the most 
recent relevant experience not more than 18 months previous. A 
conditionally approved PSO or PAM operator must be paired with an 
unconditionally approved PSO or PAM operator;
    (7) PSOs for cable landfall construction (i.e., vibratory pile 
installation and removal) and HRG surveys may be unconditionally or 
conditionally approved. PSOs and PAM operators for foundation 
installation and UXO/MEC activities must be unconditionally approved;
    (8) At least one on-duty PSO and PAM operator, where applicable, for 
each activity (e.g., impact pile driving, vibratory pile driving, UXO/
MEC detonation activities, and HRG surveys) must be designated as the 
Lead PSO or Lead PAM operator;
    (9) LOA Holder must submit NMFS previously approved PSOs and PAM 
operators to NMFS Office of Protected Resources for review and 
confirmation of their approval for specific roles at least 30 days prior 
to commencement of the activities requiring PSOs/PAM operators or 15 
days prior to when new PSOs/PAM operators are required after activities 
have commenced;
    (10) For prospective PSOs and PAM operators not previously approved, 
or for PSOs and PAM operators whose approval is not current, LOA Holder 
must submit resumes for approval at least 60 days prior to PSO and PAM 
operator use. Resumes must include information related to relevant 
education, experience, and training, including dates, duration, 
location, and description of

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prior PSO or PAM operator experience. Resumes must be accompanied by 
relevant documentation of successful completion of necessary training;
    (11) PAM operators are responsible for obtaining NMFS approval. To 
be approved as a PAM operator, the person must meet the following 
qualifications: The PAM operator must demonstrate that they have prior 
experience with real-time acoustic detection systems and/or have 
completed specialized training for operating PAM systems and detecting 
and identifying Atlantic Ocean marine mammals sounds, in particular: 
North Atlantic right whale sounds, humpback whale sounds, and how to 
deconflict them from similar North Atlantic right whale sounds, and 
other co-occurring species' sounds in the area including sperm whales; 
must be able to distinguish between whether a marine mammal or other 
species sound is detected, possibly detected, not detected and similar 
terminology must be used across companies/projects; where localization 
of sounds or deriving bearings and distance are possible, the PAM 
operators need to have demonstrated experience in using this technique; 
PAM operators must be independent observers (i.e., not construction 
personnel); PAM operators must demonstrate experience with relevant 
acoustic software and equipment; PAM operators must have the 
qualifications and relevant experience/training to safely deploy and 
retrieve equipment and program the software, as necessary; PAM operators 
must be able to test software and hardware functionality prior to 
operation; and PAM operators must have evaluated their acoustic 
detection software using the PAM Atlantic baleen whale annotated data 
set available at National Centers for Environmental Information (NCEI) 
and provide evaluation/performance metric;
    (12) PAM operators must be able to review and classify acoustic 
detections in real-time (prioritizing North Atlantic right whales and 
noting detection of other cetaceans) during the real-time monitoring 
periods;
    (13) PSOs may work as PAM operators and vice versa, pending NMFS-
approval; however, they may only perform one role at any one time and 
must not exceed work time restrictions, which must be tallied 
cumulatively; and
    (14) All PSOs and PAM operators must complete a Permits and 
Environmental Compliance Plan training and a 2-day refresher session 
that must be held with the PSO provider and Project compliance 
representative(s) prior to the start of in-water project activities 
(e.g., HRG survey, foundation installation, cable landfall activities, 
UXO/MEC detonations, etc.).
    (b) General PSO and PAM operator requirements. The following 
measures apply to PSOs and PAM operators and must be implemented by LOA 
Holder:
    (1) PSOs must monitor for marine mammals prior to, during, and 
following impact pile driving, vibratory pile driving, UXO/MEC 
detonation activities, and HRG surveys that use sub-bottom profilers 
(with specific monitoring durations and needs described in paragraphs 
(c) through (f) of this section, respectively). Monitoring must be done 
while free from distractions and in a consistent, systematic, and 
diligent manner;
    (2) For foundation installation and UXO/MEC detonation, PSOs must 
visually clear (i.e., confirm no observations of marine mammals) the 
entire minimum visibility zone for a full 30 minutes immediately prior 
to commencing activities. For cable landfall activities (e.g., 
cofferdams and goal posts) and HRG surveys, which do not have a minimum 
visibility zone, the entire clearance zone must be visually cleared and 
as much of the Level B harassment zone as possible;
    (3) All PSOs must be located at the best vantage point(s) on any 
platform, as determined by the Lead PSO, in order to obtain 360-degree 
visual coverage of the entire clearance and shutdown zones around the 
activity area, and as much of the Level B harassment zone as possible. 
PAM operators may be located on a vessel or remotely on-shore, the PAM 
operator(s) must assist PSOs in ensuring full coverage of the clearance 
and shutdown zones. The PAM operator must monitor to and past the 
clearance zone for large whales;
    (4) All on-duty PSOs must remain in real-time contact with the on-
duty

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PAM operator(s), PAM operators must immediately communicate all acoustic 
detections of marine mammals to PSOs, including any determination 
regarding species identification, distance, and bearing (where relevant) 
relative to the pile being driven and the degree of confidence (e.g., 
possible, probable detection) in the determination. All on-duty PSOs and 
PAM operator(s) must remain in contact with the on-duty construction 
personnel responsible for implementing mitigations (e.g., delay to pile 
driving or UXO/MEC detonation) to ensure communication on marine mammal 
observations can easily, quickly, and consistently occur between all on-
duty PSOs, PAM operator(s), and on-water Project personnel;
    (5) The PAM operator must inform the Lead PSO(s) on duty of animal 
detections approaching or within applicable ranges of interest to the 
activity occurring via the data collection software system (i.e., 
Mysticetus or similar system) who must be responsible for requesting 
that the designated crewmember implement the necessary mitigation 
procedures (i.e., delay);
    (6) PSOs must use high magnification (25x) binoculars, standard 
handheld (7x) binoculars, and the naked eye to search continuously for 
marine mammals. During foundation installation and UXO/MEC detonations, 
at least two PSOs on the pile driving and detonation-dedicated PSO 
vessel must be equipped with functional Big Eye binoculars (e.g., 25 x 
150; 2.7 view angle; individual ocular focus; height control); these 
must be pedestal mounted on the deck at the best vantage point that 
provides for optimal sea surface observation and PSO safety. PAM 
operators must have the appropriate equipment (i.e., a computer station 
equipped with a data collection software system available wherever they 
are stationed) and use a NMFS-approved PAM system to conduct monitoring. 
PAM systems are approved through the PAM Plan as described in Sec.  
217.264(c)(17);
    (7) During periods of low visibility (e.g., darkness, rain, fog, 
poor weather conditions, etc.), PSOs must use alternative technology 
(i.e., infrared or thermal cameras) to monitor the clearance and 
shutdown zones as approved by NMFS; and
    (8) PSOs and PAM operators must not exceed 4 consecutive watch hours 
on duty at any time, must have a 2-hour (minimum) break between watches, 
and must not exceed a combined watch schedule of more than 12 hours in a 
24-hour period. If the schedule includes PSOs and PAM operators on-duty 
for 2-hour shifts, a minimum 1-hour break between watches must be 
allowed.
    (c) PSO and PAM operator requirements during WTG and OSS foundation 
installation and UXO/MEC detonations. The following measures apply to 
PSOs and PAM operators during WTG and OSS foundation installation and 
UXO/MEC detonations and must be implemented by LOA Holder:
    (1) PSOs and PAM operator(s), using a NMFS-approved PAM system, must 
monitor for marine mammals 60 minutes prior to, during, and 30 minutes 
following all pile-driving and UXO/MEC detonation activities. If PSOs 
cannot visually monitor the minimum visibility zone prior to impact pile 
driving or the clearance zone prior to any UXO/MEC detonation at all 
times using the equipment described in paragraphs (b)(6) and (7) of this 
section, pile-driving operations or UXO/MEC detonation must not commence 
or must shutdown if they are currently active;
    (2) At least three on-duty PSOs must be stationed and observing from 
the activity platform during impact pile driving or UXO/MEC detonation 
and at least three on-duty PSOs must be stationed on each dedicated PSO 
vessel. If an aerial platform is required or used (per Sec.  
217.264(e)(7)), at least two on-duty PSOs must be actively searching for 
marine mammals. Concurrently, at least one PAM operator per acoustic 
data stream (equivalent to the number of acoustic buoys) must be 
actively monitoring for marine mammals 60 minutes before, during, and 30 
minutes after impact pile driving or UXO/MEC detonation in accordance 
with a NMFS-approved PAM Plan;
    (3) LOA Holder must conduct PAM for at least 24 hours immediately 
prior to pile driving or UXO/MEC detonation activities. The PAM operator 
must review all detections from the previous

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24-hour period immediately prior to pile driving and UXO/MEC detonation 
activities.
    (d) PSO requirements during cofferdam and goal post installation and 
removal. The following measures apply to PSOs during cofferdam and goal 
post installation and removal and must be implemented by LOA Holder:
    (1) At least two PSOs must be on active duty during all activities 
related to the installation and removal of cofferdams and goal posts; 
and
    (2) PSOs must monitor the clearance zone for the presence of marine 
mammals for 30 minutes before, throughout the installation of the sheet 
piles (and casing pipe, if installed), and for 30 minutes after all 
vibratory pile driving activities have ceased. Sheet pile or casing pipe 
installation must only commence when visual clearance zones are fully 
visible (e.g., not obscured by darkness, rain, fog, etc.) and clear of 
marine mammals, as determined by the Lead PSO, for at least 30 minutes 
immediately prior to initiation of vibratory pile driving.
    (e) PSO requirements during HRG surveys. The following measures 
apply to PSOs during HRG surveys using acoustic sources that have the 
potential to result in harassment and must be implemented by LOA Holder:
    (1) Between four and six PSOs must be present on every 24-hour 
survey vessel and two to three PSOs must be present on every 12-hour 
survey vessel;
    (2) At least one PSO must be on active duty monitoring during HRG 
surveys conducted during daylight (i.e., from 30 minutes prior to civil 
sunrise through 30 minutes following civil sunset) and at least two PSOs 
must be on activity duty monitoring during HRG surveys conducted at 
night;
    (3) PSOs on HRG vessels must begin monitoring 30 minutes prior to 
activating acoustic sources, during the use of these acoustic sources, 
and for 30 minutes after use of these acoustic sources has ceased;
    (4) Any observations of marine mammals must be communicated to PSOs 
on all nearby survey vessels during concurrent HRG surveys; and
    (5) During daylight hours when survey equipment is not operating, 
LOA Holder must ensure that visual PSOs conduct, as rotation schedules 
allow, observations for comparison of sighting rates and behavior with 
and without use of the specified acoustic sources. Off-effort PSO 
monitoring must be reflected in the monthly PSO monitoring reports.
    (f) Monitoring requirements during fisheries monitoring surveys. The 
following measures apply during fisheries monitoring surveys and must be 
implemented by LOA Holder:
    (1) All captains and crew conducting fishery surveys must be trained 
in marine mammal detection and identification; and
    (2) Marine mammal monitoring must be conducted within 1 nmi from the 
planned survey location by the trained captain and/or a member of the 
scientific crew for 15 minutes prior to deploying gear, throughout gear 
deployment and use, and for 15 minutes after haul back.
    (g) Reporting. LOA Holder must comply with the following reporting 
measures:
    (1) Prior to initiation of any on-water project activities, LOA 
Holder must demonstrate in a report submitted to NMFS Office of 
Protected Resources that all required training for LOA Holder personnel 
(including the vessel crews, vessel captains, PSOs, and PAM operators) 
has been completed.
    (2) LOA Holder must use a standardized reporting system during the 
effective period of the LOA. All data collected related to the Project 
must be recorded using industry-standard software that is installed on 
field laptops and/or tablets. Unless stated otherwise, all reports must 
be submitted to NMFS Office of Protected Resources 
([email protected]), dates must be in MM/DD/YYYY format, 
and location information must be provided in Decimal Degrees and with 
the coordinate system information (e.g., NAD83, WGS84, etc.).
    (3) For all visual monitoring efforts and marine mammal sightings, 
the following information must be collected and reported to NMFS Office 
of Protected Resources: the date and time that monitored activity begins 
or ends; the construction activities occurring during each observation 
period; the watch status (i.e., sighting made by

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PSO on/off effort, opportunistic, crew, alternate vessel/platform); the 
PSO who sighted the animal; the time of sighting; the weather parameters 
(e.g., wind speed, percent cloud cover, visibility); the water 
conditions (e.g., Beaufort sea state, tide state, water depth); all 
marine mammal sightings, regardless of distance from the construction 
activity; species (or lowest possible taxonomic level possible); the 
pace of the animal(s); the estimated number of animals (minimum/maximum/
high/low/best); the estimated number of animals by cohort (e.g., adults, 
yearlings, juveniles, calves, group composition, etc.); the description 
(i.e., as many distinguishing features as possible of each individual 
seen, including length, shape, color, pattern, scars or markings, shape 
and size of dorsal fin, shape of head, and blow characteristics); the 
description of any marine mammal behavioral observations (e.g., observed 
behaviors such as feeding or traveling) and observed changes in 
behavior, including an assessment of behavioral responses thought to 
have resulted from the specific activity; the animal's closest distance 
and bearing from the pile being driven or specified HRG equipment and 
estimated time entered or spent within the Level A harassment and/or 
Level B harassment zone(s); the activity at time of sighting (e.g., 
vibratory installation/removal, impact pile driving, construction 
survey), use of any noise attenuation device(s), and specific phase of 
activity (e.g., ramp-up of HRG equipment, HRG acoustic source on/off, 
soft-start for pile driving, active pile driving, etc.); the marine 
mammal occurrence in Level A harassment or Level B harassment zones; the 
description of any mitigation-related action implemented, or mitigation-
related actions called for but not implemented, in response to the 
sighting (e.g., delay, shutdown, etc.) and time and location of the 
action; other human activity in the area, and; other applicable 
information, as required in any LOA issued under Sec.  217.266.
    (4) LOA Holder must compile and submit weekly reports during 
foundation installation to NMFS Office of Protected Resources that 
document the daily start and stop of all pile driving associated with 
the Project; the start and stop of associated observation periods by 
PSOs; details on the deployment of PSOs; a record of all detections of 
marine mammals (acoustic and visual); any mitigation actions (or if 
mitigation actions could not be taken, provide reasons why); and details 
on the noise attenuation system(s) used and its performance. Weekly 
reports are due on Wednesday for the previous week (Sunday to Saturday) 
and must include the information required under this section. The weekly 
report must also identify which turbines become operational and when (a 
map must be provided). Once all foundation pile installation is 
completed, weekly reports are no longer required by LOA Holder.
    (5) LOA Holder must compile and submit monthly reports to NMFS 
Office of Protected Resources during foundation installation that 
include a summary of all information in the weekly reports, including 
project activities carried out in the previous month, vessel transits 
(number, type of vessel, MMIS number, and route), number of piles 
installed, all detections of marine mammals, and any mitigative action 
taken. Monthly reports are due on the 15th of the month for the previous 
month. The monthly report must also identify which turbines become 
operational and when (a map must be provided). Full PAM detection data 
and metadata must also be submitted monthly on the 15th of every month 
for the previous month via the webform on the NMFS North Atlantic Right 
Whale Passive Acoustic Reporting System website at https://
www.fisheries.noaa.gov/ resource/ document/passive-acoustic -reporting-
system -templates.
    (6) LOA Holder must submit a draft annual report to NMFS Office of 
Protected Resources no later than 90 days following the end of a given 
calendar year. LOA Holder must provide a final report within 30 days 
following resolution of NMFS' comments on the draft report. The draft 
and final reports must detail the following: the total number of marine 
mammals of each species/stock detected and how many were within the 
designated Level A harassment and Level B harassment

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zone(s) with comparison to authorized take of marine mammals for the 
associated activity type; marine mammal detections and behavioral 
observations before, during, and after each activity; what mitigation 
measures were implemented (i.e., number of shutdowns or clearance zone 
delays, etc.) or, if no mitigative actions was taken, why not; 
operational details (i.e., days and duration of impact and vibratory 
pile driving, days and number of UXO/MEC detonations, days and amount of 
HRG survey effort, etc.); any PAM systems used; the results, 
effectiveness, and which noise attenuation systems were used during 
relevant activities (i.e., impact pile driving, and UXO/MEC 
detonations); summarized information related to situational reporting; 
and any other important information relevant to the Project, including 
additional information that may be identified through the adaptive 
management process.
    (7) LOA Holder must submit its draft 5-year report to NMFS Office of 
Protected Resources on all visual and acoustic monitoring conducted 
within 90 calendar days of the completion of activities occurring under 
the LOA. A 5-year report must be prepared and submitted within 60 
calendar days following receipt of any NMFS Office of Protected 
Resources comments on the draft report. If no comments are received from 
NMFS Office of Protected Resources within 60 calendar days of NMFS 
Office of Protected Resources receipt of the draft report, the report 
shall be considered final.
    (8) For those foundation piles and UXO/MEC detonations requiring SFV 
measurements, LOA Holder must provide the initial results of the SFV 
measurements to NMFS Office of Protected Resources in an interim report 
after each foundation installation event and each UXO/MEC detonation 
event as soon as they are available and prior to a subsequent detonation 
or foundation installation, but no later than 48 hours after each 
completed foundation installation event and 48 hours after a detonation. 
The report must include, at minimum: hammer energies/schedule used 
during pile driving, including, the total number of strikes and the 
maximum hammer energy; the model-estimated acoustic ranges 
(R95%) to compare with the real-world sound field 
measurements; the estimated UXO/MEC charge size (or physical size if 
charge size is unknown) and donor charge size in trinitrotoluene (TNT) 
equivalent weight for either high (donor charge used to detonate/destroy 
UXO/MEC) or low order (e.g., deflagration where donor charge disrupts/
consumes UXO/MEC) detonations and description of UXO/MEC (e.g., munition 
type, state of submergence, approximate age); peak sound pressure level 
(SPLpk), root-mean-square sound pressure level that contains 
90 percent of the acoustic energy (SPLrms), and sound 
exposure level (SEL, in single strike for pile driving, 
SELss,), for each hydrophone, including at least the maximum, 
arithmetic mean, minimum, median (L50) and L5 (95 percent exceedance) 
statistics for each metric; estimated marine mammal Level A harassment 
and Level B harassment acoustic isopleths, calculated using the maximum-
over-depth L5 (95 percent exceedance level, maximum of both hydrophones) 
of the associated sound metric; comparison of modeled results assuming 
10-dB attenuation against the measured marine mammal Level A harassment 
and Level B harassment acoustic isopleths; estimated transmission loss 
coefficients; pile identifier name, location of the pile and UXO/MEC and 
each hydrophone array in latitude/longitude; depths of each hydrophone; 
one-third-octave band single strike SEL spectra; if filtering is 
applied, full filter characteristics must be reported; and hydrophone 
specifications including the type, model, and sensitivity. LOA Holder 
must also report any immediate observations which are suspected to have 
a significant impact on the results including but not limited to: 
observed noise mitigation system issues, obstructions along the 
measurement transect, and technical issues with hydrophones or recording 
devices. If any in-situ calibration checks for hydrophones reveal a 
calibration drift greater than 0.75 dB, pistonphone calibration checks 
are inconclusive, or calibration checks are otherwise not effectively 
performed, LOA Holder must indicate full details of the calibration 
procedure, results, and any

[[Page 207]]

associated issues in the 48-hour interim reports.
    (9) The final results of SFV measurements from each foundation 
installation and each UXO/MEC detonation must be submitted as soon as 
possible, but no later than 90 days following completion of each event's 
SFV measurements. The final reports must include all details prescribed 
above for the interim report as well as, at minimum, the following: the 
peak sound pressure level (SPLpk), the root-mean-square sound 
pressure level that contains 90 percent of the acoustic energy 
(SPLrms), the single strike sound exposure level 
(SELss), the integration time for SPLrms, the 
spectrum, and the 24-hour cumulative SEL extrapolated from measurements 
at all hydrophones. The final report must also include at least the 
maximum, mean, minimum, median (L50) and L5 (95 
percent exceedance) statistics for each metric; the SEL and SPL power 
spectral density and/or one-third octave band levels (usually calculated 
as decidecade band levels) at the receiver locations should be reported; 
the sound levels reported must be in median, arithmetic mean, and 
L5 (95 percent exceedance) (i.e., average in linear space), 
and in dB; range of TL coefficients; the local environmental conditions, 
such as wind speed, transmission loss data collected on-site (or the 
sound velocity profile); baseline pre- and post-activity ambient sound 
levels (broadband and/or within frequencies of concern); a description 
of depth and sediment type, as documented in the Construction and 
Operation Plan (COP), at the recording and foundation installation and 
UXO/MEC detonation locations; the extents of the measured Level A 
harassment and Level B harassment zone(s); hammer energies required for 
pile installation and the number of strikes per pile; the charge weights 
and other relevant characteristics of UXO/MEC detonations; the 
hydrophone equipment and methods (i.e., recording device, bandwidth/
sampling rate; distance from the pile and UXO/MEC where recordings were 
made; the depth of recording device(s)); a description of the SFV 
measurement hardware and software, including software version used, 
calibration data, bandwidth capability and sensitivity of hydrophone(s), 
any filters used in hardware or software, any limitations with the 
equipment, and other relevant information; the spatial configuration of 
the noise attenuation device(s) relative to the pile and UXO/MEC charge; 
a description of the noise abatement system and operational parameters 
(e.g., bubble flow rate, distance deployed from the pile and/or UXO/MEC, 
etc.), and any action taken to adjust the noise abatement system. A 
discussion which includes any observations which are suspected to have a 
significant impact on the results including but not limited to: observed 
noise mitigation system issues, obstructions along the measurement 
transect, and technical issues with hydrophones or recording devices.
    (10) If at any time during the project LOA Holder becomes aware of 
any issue or issues which may (to any reasonable subject-matter expert, 
including the persons performing the measurements and analysis) call 
into question the validity of any measured Level A harassment or Level B 
harassment isopleths to a significant degree, which were previously 
transmitted or communicated to NMFS Office of Protected Resources, LOA 
Holder must inform NMFS Office of Protected Resources within 1 business 
day of becoming aware of this issue or before the next pile is driven 
(or UXO/MEC is detonated), whichever comes first.
    (11) If a North Atlantic right whale is acoustic detected at any 
time by a project-related PAM system, LOA Holder must ensure the 
detection is reported as soon as possible to NMFS, but no longer than 24 
hours after the detection via the 24-hour North Atlantic right whale 
Detection Template (https://www.fisheries.noaa.gov/ resource/document/ 
passive-acoustic -reporting-system -templates). Calling the hotline is 
not necessary when reporting PAM detections via the template;
    (12) Full detection data, metadata, and location of recorders (or 
GPS tracks, if applicable) from all real-time hydrophones used for 
monitoring during construction must be submitted within 90 calendar days 
following completion of activities requiring PAM for mitigation via the 
ISO standard metadata forms available on the NMFS

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Passive Acoustic Reporting System website (https://
www.fisheries.noaa.gov/ resource/ document/ passive-acoustic-reporting -
system-templates). Submit the completed data templates to nmfs.nec. 
[email protected]. The full acoustic recordings from real-time systems 
must also be sent to the National Centers for Environmental Information 
(NCEI) for archiving within 90 days following completion of activities 
requiring PAM for mitigation. Submission details can be found at: 
https://www.ncei.noaa.gov/ products/ passive-acoustic-data;
    (13) LOA Holder must submit situational reports if the following 
circumstances occur (including all instances wherein an exemption is 
taken must be reported to NMFS Office of Protected Resources within 24 
hours):
    (i) If a North Atlantic right whale is observed at any time by PSOs 
or project personnel, LOA Holder must ensure the sighting is immediately 
(if not feasible, as soon as possible and no longer than 24 hours after 
the sighting) reported to NMFS and the Right Whale Sightings Advisory 
System (RWSAS). If in the Northeast Region (Maine to Virginia/North 
Carolina border) call (866-755-6622). If in the Southeast Region (North 
Carolina to Florida) call (877-WHALE-HELP or 877-942-5343). If calling 
NMFS is not possible, reports can also be made to the U.S. Coast Guard 
via channel 16 or through the WhaleAlert app (http://www.whalealert.org/
). The sighting report must include the time, date, and location of the 
sighting, number of whales, animal description/certainty of sighting 
(provide photos/video if taken), Lease Area/project name, PSO/personnel 
name, PSO provider company (if applicable), and reporter's contact 
information.
    (ii) If a North Atlantic right whale is observed at any time by PSOs 
or project personnel, LOA Holder must submit a summary report to NMFS 
Greater Atlantic Regional Fisheries (GARFO; nmfs.gar.incidental-
[email protected]), NMFS Office of Protected Resources, and NMFS Northeast 
Fisheries Science Center (NEFSC; [email protected]) within 24 hours 
with the above information and the vessel/platform from which the 
sighting was made, activity the vessel/platform was engaged in at time 
of sighting, project construction and/or survey activity at the time of 
the sighting (e.g., pile driving, cable installation, HRG survey), 
distance from vessel/platform to sighting at time of detection, and any 
mitigation actions taken in response to the sighting.
    (iii) If an observation of a large whale occurs during vessel 
transit, LOA Holder must report the time, date, and location of the 
sighting; the vessel's activity, heading, and speed (knots); Beaufort 
sea state, water depth (meters), and visibility conditions; marine 
mammal species identification to the best of the observer's ability and 
any distinguishing characteristics; initial distance and bearing to 
marine mammal from vessel and closest point of approach; and any 
avoidance measures taken in response to the marine mammal sighting.
    (iv) LOA Holder must provide NMFS Office of Protected Resources with 
notification of planned UXO/MEC detonation as soon as possible but at 
least 48 hours prior to the planned detonation, unless this 48-hour 
notification would create delays to the detonation that would result in 
imminent risk of human life or safety. This notification must include 
the coordinates of the planned detonation, the estimated charge size, 
and any other information available on the characteristics of the UXO/
MEC. If an UXO/MEC detonation occurs, within 72 hours after a detonation 
but before the next detonation, whichever is sooner, LOA Holder must 
report to NMFS Office of Protected Resources the time, date, location 
(latitude/longitude Decimal Degrees), charge weight size, justification 
on why detonation was necessary and other means of removal or avoidance 
could not occur, all detections of marine mammals within the UXO/MEC 
zones, and any mitigative action taken.
    (v) In the event that personnel involved in the Project discover a 
stranded, entangled, injured, or dead marine mammal, LOA Holder must 
immediately report the observation to NMFS. If in the Greater Atlantic 
Region (Maine to Virginia) call the NMFS Greater Atlantic Stranding 
Hotline

[[Page 209]]

(866-755-6622); if in the Southeast Region (North Carolina to Florida), 
call the NMFS Southeast Stranding Hotline (877-942-5343). Separately, 
LOA Holder must report the incident to NMFS Office of Protected 
Resources ([email protected]) and, if in the Greater 
Atlantic region (Maine to Virginia), NMFS Greater Atlantic Regional 
Fisheries Office (GARFO; [email protected], 
[email protected]) or, if in the Southeast region (North 
Carolina to Florida), NMFS Southeast Regional Office (SERO; 
[email protected]) as soon as feasible. The report (via phone or 
email) must include contact (name, phone number, etc.), the time, date, 
and location of the first discovery (and updated location information if 
known and applicable); Species identification (if known) or description 
of the animal(s) involved; condition of the animal(s) (including carcass 
condition if the animal is dead); observed behaviors of the animal(s), 
if alive; if available, photographs or video footage of the animal(s); 
and general circumstances under which the animal was discovered.
    (vi) In the event of a vessel strike of a marine mammal by any 
vessel associated with the Project or if project activities cause a non-
auditory injury or death of a marine mammal, LOA Holder must immediately 
report the incident to NMFS. If in the Greater Atlantic Region (Maine to 
Virginia) call the NMFS Greater Atlantic Stranding Hotline (866-755-
6622) and if in the Southeast Region (North Carolina to Florida) call 
the NMFS Southeast Stranding Hotline (877-942-5343). Separately, LOA 
Holder must immediately report the incident to NMFS Office of Protected 
Resources ([email protected]) and, if in the Greater 
Atlantic region (Maine to Virginia), NMFS GARFO (nmfs.gar.incidental-
[email protected], [email protected]) or, if in the Southeast 
region (North Carolina to Florida), NMFS SERO 
([email protected]). The report must include the time, date, and 
location of the incident; species identification (if known) or 
description of the animal(s) involved; vessel size and motor 
configuration (inboard, outboard, jet propulsion); vessel's speed 
leading up to and during the incident; vessel's course/heading and what 
operations were being conducted (if applicable); status of all sound 
sources in use; description of avoidance measures/requirements that were 
in place at the time of the strike and what additional measures were 
taken, if any, to avoid strike; environmental conditions (e.g., wind 
speed and direction, Beaufort sea state, cloud cover, visibility) 
immediately preceding the strike; estimated size and length of animal 
that was struck; description of the behavior of the marine mammal 
immediately preceding and following the strike; if available, 
description of the presence and behavior of any other marine mammals 
immediately preceding the strike; estimated fate of the animal (e.g., 
dead, injured but alive, injured and moving, blood or tissue observed in 
the water, status unknown, disappeared); and to the extent practicable, 
photographs or video footage of the animal(s). LOA Holder must 
immediately cease all on-water activities until the NMFS Office of 
Protected Resources is able to review the circumstances of the incident 
and determine what, if any, additional measures are appropriate to 
ensure compliance with the terms of the LOA. NMFS Office of Protected 
Resources may impose additional measures to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. LOA Holder may not 
resume their activities until notified by NMFS Office of Protected 
Resources.
    (14) LOA Holder must report any lost gear associated with the 
fishery surveys to the NMFS GARFO Protected Resources Division 
([email protected]) as soon as possible or within 24 
hours of the documented time of missing or lost gear. This report must 
include information on any markings on the gear and any efforts 
undertaken or planned to recover the gear.



Sec.  217.266  Letter of Authorization.

    (a) To incidentally take marine mammals pursuant to this subpart,

[[Page 210]]

LOA Holder must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed October 12, 2028, the expiration date of 
this subpart.
    (c) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, LOA Holder must 
apply for and obtain a modification of the LOA as described in Sec.  
217.267.
    (d) The LOA must set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (e) Issuance of the LOA must be based on a determination that the 
level of taking must be consistent with the findings made for the total 
taking allowable under the regulations of this subpart.
    (f) Notice of issuance or denial of an LOA must be published in the 
Federal Register within 30 days of a determination.



Sec.  217.267  Modifications of Letter of Authorization.

    (a) An LOA issued under Sec. Sec.  217.262 and 217.266 or this 
section for the activity identified in Sec.  217.260(a) shall be 
modified upon request by LOA Holder, provided that:
    (1) The specified activity and mitigation, monitoring, and reporting 
measures, as well as the anticipated impacts, are the same as those 
described and analyzed for this subpart (excluding changes made pursuant 
to the adaptive management provision in paragraph (c)(1) of this 
section); and
    (2) NMFS Office of Protected Resources determines that the 
mitigation, monitoring, and reporting measures required by the previous 
LOA under this subpart were implemented.
    (b) For a LOA modification request by the applicant that includes 
changes to the activity or the mitigation, monitoring, or reporting 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section), the LOA shall be modified, provided 
that:
    (1) NMFS Office of Protected Resources determines that the changes 
to the activity or the mitigation, monitoring, or reporting do not 
change the findings made for the regulations in this subpart and do not 
result in more than a minor change in the total estimated number of 
takes (or distribution by species or years), and
    (2) NMFS Office of Protected Resources may, if appropriate, publish 
a notice of proposed LOA in the Federal Register, including the 
associated analysis of the change, and solicit public comment before 
issuing the LOA.
    (c) An LOA issued under Sec. Sec.  217.262 and 217.266 or this 
section for the activities identified in Sec.  217.260(a) may be 
modified by NMFS Office of Protected Resources under the following 
circumstances:
    (1) Through adaptive management, NMFS Office of Protected Resources 
may modify (including delete, modify, or add to) the existing 
mitigation, monitoring, or reporting measures (after consulting with LOA 
Holder regarding the practicability of the modifications), if doing so 
creates a reasonable likelihood of more effectively accomplishing the 
goals of the mitigation and monitoring;
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include, but are not limited to:
    (A) Results from LOA Holder's monitoring(s);
    (B) Results from other marine mammals and/or sound research or 
studies; and
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart or subsequent LOA.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS 
Office of Protected Resources shall publish a notice of proposed LOA in 
the Federal Register and solicit public comment.
    (2) If NMFS Office of Protected Resources determines that an 
emergency exists that poses a significant risk to

[[Page 211]]

the well-being of the species or stocks of marine mammals specified in 
the LOA issued pursuant to Sec. Sec.  217.262 and 217.266 or this 
section, 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.



Sec. Sec.  217.268-217.269  [Reserved]



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



 Subpart A_Taking and Importing Marine Mammals Incidental to U.S. Navy 
       Construction at Naval Station Norfolk in Norfolk, Virginia

Sec.
218.1 Specified activity and geographical region.
218.2 Effective dates.
218.3 Permissible methods of taking.
218.4 Prohibitions.
218.5 Mitigation requirements.
218.6 Requirements for monitoring and reporting.
218.7 Letters of Authorization.
218.8 Renewals and modifications of Letters of Authorization.
218.9 [Reserved]

 Subpart B_Taking and Importing Marine Mammals; U.S. Navy's Point Mugu 
            Sea Range (PMSR) Training and Testing Study Area

218.10 Specified activity and geographical region.
218.11 Effective dates.
218.12 Permissible methods of taking.
218.13 Prohibitions.
218.14 Mitigation requirements.
218.15 Requirements for monitoring and reporting.
218.16 Letters of Authorization.
218.17 Renewals and modifications of Letters of Authorization.
218.18-218.19 [Reserved]

Subpart C_Taking Marine Mammals Incidental to U.S. Navy Marine Structure 
             Maintenance and Pile Replacement in Washington

218.20 Specified activity and specified geographical region.
218.21 Effective dates.
218.22 Permissible methods of taking.
218.23 Prohibitions.
218.24 Mitigation requirements.
218.25 Requirements for monitoring and reporting.
218.26 Letters of Authorization.
218.27 Renewals and modifications of Letters of Authorization.
218.28-218.29 [Reserved]

  Subpart D_Taking Marine Mammals Incidental to U.S. Navy Construction 
       Activities at Naval Weapons Station Seal Beach, California

218.30 Specified activity and specified geographical region.
218.31 Effective dates.
218.32 Permissible methods of taking.
218.33 Prohibitions.
218.34 Mitigation requirements.
218.35 Requirements for monitoring and reporting.
218.36 Letters of Authorization.
218.37 Renewals and modifications of Letters of Authorization.
218.38-218.39 [Reserved]

Subparts E-F [Reserved]

 Subpart G_Taking and Importing Marine Mammals; U.S. Air Force's Eglin 
                  Gulf Test and Training Range (EGTTR)

218.60 Specified activity and geographical region.
218.61 Effective dates.
218.62 Permissible methods of taking.
218.63 Prohibitions.
218.64 Mitigation requirements.
218.65 Requirements for monitoring and reporting.
218.66 Letters of Authorization.
218.67 Renewals and modifications of Letters of Authorization.
218.68-218.69 [Reserved]

   Subpart H_Taking and Importing Marine Mammals; U.S. Navy's Hawaii-
             Southern California Training and Testing (HSTT)

218.70 Specified activity and geographical region.
218.71 Effective dates.
218.72 Permissible methods of taking.
218.73 Prohibitions.
218.74 Mitigation requirements.
218.75 Requirements for monitoring and reporting.
218.76 Letters of Authorization.
218.77 Renewals and modifications of Letters of Authorization.
218.78-218.79 [Reserved]

  Subpart I_Taking and Importing Marine Mammals; U.S. Navy's Atlantic 
                    Fleet Training and Testing (AFTT)

218.80 Specified activity and specified geographical region.

[[Page 212]]

218.81 Effective dates.
218.82 Permissible methods of taking.
218.83 Prohibitions.
218.84 Mitigation requirements.
218.85 Requirements for monitoring and reporting.
218.86 Letters of Authorization.
218.87 Renewals and modifications of Letters of Authorization.
218.88-218.89 [Reserved]

   Subpart J_Taking and Importing Marine Mammals; U.S. Navy's Mariana 
                   Islands Training and Testing (MITT)

218.90 Specified activity and geographical region.
218.91 Effective dates.
218.92 Permissible methods of taking.
218.93 Prohibitions.
218.94 Mitigation requirements.
218.95 Requirements for monitoring and reporting.
218.96 Letters of Authorization.
218.97 Renewals and modifications of Letters of Authorization.

Subparts K-N [Reserved]

  Subpart O_Taking and Importing Marine Mammals; U.S. Navy's Northwest 
                       Training and Testing (NWTT)

218.140 Specified activity and geographical region.
218.141 Effective dates.
218.142 Permissible methods of taking.
218.143 Prohibitions.
218.144 Mitigation requirements.
218.145 Requirements for monitoring and reporting.
218.146 Letters of Authorization.
218.147 Renewals and modifications of Letters of Authorization.
218.148 [Reserved]

   Subpart P_Taking and Importing Marine Mammals; U.S. Navy Training 
               Activities in the Gulf of Alaska Study Area

218.150 Specified activity and geographical region.
218.151 Effective dates and definitions.
218.152 Permissible methods of taking.
218.153 Prohibitions.
218.154 Mitigation requirements.
218.155 Requirements for monitoring and reporting.
218.156 Letters of Authorization.
218.157 Renewals and modifications of Letters of Authorization.
218.158 [Reserved]

Subparts Q-W [Reserved]

Subpart X_Taking and Importing of Marine Mammals; U.S. Navy Surveillance 
   Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar 
   Training and Testing in the Central and Western North Pacific and 
                          Eastern Indian Oceans

218.230 Specified activity, level of taking, and species/stocks.
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 Letter of Authorization.
218.238 Renewals and modifications of a Letter of Authorization.

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



 Subpart A_Taking and Importing Marine Mammals Incidental to U.S. Navy 
       Construction at Naval Station Norfolk in Norfolk, Virginia

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

    Source: 86 FR 24356, May 6, 2021, unless otherwise noted.

    Effective Date Note: At 86 FR 24356, May 6, 2021, subpart A was 
added, effective June 7, 2021, to June 7, 2026.



Sec.  218.1  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
and those persons it authorizes or funds to conduct activities on its 
behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
construction activities including marine structure maintenance, pile 
replacement, and select waterfront improvements at Naval Station 
(NAVSTA) Norfolk.
    (b) The taking of marine mammals by the Navy may be authorized in a 
Letter of Authorization (LOA) only if it occurs at NAVSTA Norfolk and 
adjacent Navy facilities.

[[Page 213]]



Sec.  218.2  Effective dates.

    Regulations in this subpart are effective from June 7, 2021 to June 
7, 2026.



Sec.  218.3  Permissible methods of taking.

    Under an LOA issued pursuant to Sec. Sec.  216.106 of this chapter 
and 218.7, the Holder of the LOA (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.1(b) by Level B harassment associated with 
construction activities, provided the activity is in compliance with all 
terms, conditions, and requirements of the regulations in this subpart 
and the applicable LOA.



Sec.  218.4  Prohibitions.

    (a) Except for the takings contemplated in Sec.  218.3 and 
authorized by a LOA issued under Sec. Sec.  216.106 of this chapter and 
218.7, it is unlawful for any person to do any of the following in 
connection with the activities described in Sec.  218.1 may:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec.  216.106 of this 
chapter and Sec.  218.7;
    (2) Take any marine mammal not specified in such LOA;
    (3) Take any marine mammal specified in such LOA in any manner other 
than as specified;
    (4) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (5) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.
    (b) [Reserved]



Sec.  218.5  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  218.20(a), 
the mitigation measures contained in any LOA issued under Sec. Sec.  
216.106 of this chapter and 218.7 must be implemented. These mitigation 
measures shall include but are not limited to:
    (1) A copy of any issued LOA must be in the possession of the Navy, 
its designees, and work crew personnel operating under the authority of 
the issued LOA;
    (2) The Navy shall conduct briefings for construction supervisors 
and crews, the monitoring team, and Navy staff prior to the start of all 
pile driving activity, and when new personnel join the work, in order to 
explain responsibilities, communication procedures, the marine mammal 
monitoring protocol, and operational procedures;
    (3) For in-water heavy machinery work other than pile driving, if a 
marine mammal comes within 10 m, the Navy shall cease operations and 
reduce vessel speed to the minimum level required to maintain steerage 
and safe working conditions;
    (4) For all pile driving activity, the Navy shall implement a 
minimum shutdown zone of a 10 m radius around the pile. If a marine 
mammal comes within or approaches the shutdown zone, such operations 
shall cease;
    (5) For all pile driving activity, the Navy shall implement shutdown 
zones with radial distances as identified in a LOA issued under 
Sec. Sec.  216.106 of this chapter and 218.7. If a marine mammal comes 
within or approaches the shutdown zone, such operations shall cease;
    (6) The Navy shall deploy protected species observers (observers) as 
indicated in its Marine Mammal Monitoring Plan approved by NMFS;
    (7) A minimum of three PSOs shall be stationed at the best vantage 
points practicable to monitor for marine mammals and implement shutdown/
delay procedures during vibratory pile driving at Pier 3, Pier 12, and 
Craney Island, and at least four PSOs must be stationed at the best 
vantage points practicable during vibratory pile driving at Lambert's 
Point. For all other pile driving activities, a minimum of two observers 
shall be stationed at the best vantage points practicable to monitor for 
marine mammals and implement shutdown/delay procedures;
    (8) Monitoring shall take place from 30 minutes prior to initiation 
of pile driving activity through 30 minutes post-completion of pile 
driving activity. Pre-activity monitoring shall be conducted for 30 
minutes to ensure

[[Page 214]]

that the shutdown zone is clear of marine mammals, and pile driving may 
commence when observers have declared the shutdown zone clear of marine 
mammals. In the event of a delay or shutdown of activity resulting from 
marine mammals in the shutdown zone, animals shall be allowed to remain 
in the shutdown zone (i.e., must leave of their own volition) and their 
behavior shall be monitored and documented. If a marine mammal is 
observed within the shutdown zone, a soft-start cannot proceed until the 
animal has left the zone or has not been observed for 15 minutes. 
Monitoring shall occur throughout the time required to drive a pile. If 
work ceases for more than 30 minutes, the pre-activity monitoring of the 
shutdown zones must commence. A determination that the shutdown zone is 
clear must be made during a period of good visibility (i.e., the entire 
shutdown zone and surrounding waters must be visible to the naked eye);
    (9) If a marine mammal approaches or enters the shutdown zone, all 
pile driving activities at that location shall be halted. If pile 
driving is halted or delayed due to the presence of a marine mammal, the 
activity may not commence or resume until either the animal has 
voluntarily left and been visually confirmed beyond the shutdown zone or 
fifteen minutes have passed without re-detection of the animal;
    (10) Pile driving activity must be halted upon observation of either 
a species for which incidental take is not authorized or a species for 
which incidental take has been authorized but the authorized number of 
takes has been met, entering or within the harassment zone;
    (11) Should environmental conditions deteriorate such that marine 
mammals within the entire shutdown zone would not be visible (e.g., fog, 
heavy rain, night), the Navy shall delay pile driving and removal until 
observers are confident marine mammals within the shutdown zone could be 
detected;
    (12) Monitoring shall be conducted by trained observers, who shall 
have no other assigned tasks during monitoring periods. Trained 
observers shall be placed at the best vantage point(s) practicable to 
monitor for marine mammals and implement shutdown or delay procedures 
when applicable through communication with the equipment operator. The 
Navy shall adhere to the following additional observer qualifications:
    (i) Independent observers are required;
    (ii) At least one observer must have prior experience working as an 
observer;
    (iii) Other observers may substitute education (degree in biological 
science or related field) or training for experience;
    (iv) Where a team of three or more observers are required, one 
observer shall be designated as lead observer or monitoring coordinator. 
The lead observer must have prior experience working as an observer;
    (v) Personnel who are engaged in construction activities may not 
serve as observers.
    (13) The Navy shall use soft start techniques for impact pile 
driving. Soft start for impact drivers requires the Navy and those 
persons it authorizes or funds to provide an initial set of three 
strikes at reduced energy, followed by a 30-second waiting period, then 
two subsequent reduced energy three-strike sets. Soft start shall be 
implemented at the start of each day's impact pile driving and at any 
time following cessation of impact pile driving for a period of thirty 
minutes or longer.
    (b) [Reserved]



Sec.  218.6  Requirements for monitoring and reporting.

    (a) The Navy shall submit a Marine Mammal Monitoring Plan to NMFS 
for approval in advance of construction.
    (b) The Navy shall deploy at least three PSOs during vibratory pile 
driving at Pier 3, Pier 12, and Craney Island, and at least four PSOs 
during vibratory pile driving at Lambert's Point. For all other pile 
driving activities, the Navy shall deploy a minimum of two PSOs.
    (c) Observers shall be trained in marine mammal identification and 
behaviors. Observers shall have no other construction-related tasks 
while conducting monitoring.

[[Page 215]]

    (d) For all pile driving activities, a minimum of two observers 
shall be stationed at the active pile driving site or in reasonable 
proximity in order to monitor the shutdown zone.
    (e) The Navy shall monitor the Level B harassment zones (areas where 
SPLs are equal to or exceed the 160 dB rms threshold for impact driving 
and the 120 dB rms threshold during vibratory pile driving) to the 
extent practicable and the shutdown zones. The Navy shall monitor at 
least a portion of the Level B harassment zone on all pile driving days.
    (f) The Navy shall submit a draft monitoring report to NMFS within 
45 work days of the completion of required monitoring for each marine 
structure maintenance, pile replacement, and upgrades project. The 
report must detail the monitoring protocol and summarize the data 
recorded during monitoring. If no comments are received from NMFS within 
30 days, the draft report will constitute the final report. If comments 
are received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments. Specifically, the report must 
include:
    (1) Dates and times (begin and end) of all marine mammal monitoring;
    (2) Construction activities occurring during each daily observation 
period, including how many and what type of piles were driven or removed 
and by what method (i.e., impact or vibratory);
    (3) Environmental conditions during monitoring periods (at beginning 
and end of observer shift and whenever conditions change significantly), 
including Beaufort sea state and any other relevant weather conditions 
including cloud cover, fog, sun glare, and overall visibility to the 
horizon, and estimated observable distance (if less than the harassment 
zone distance);
    (4) The number of marine mammals observed, by species, relative to 
the pile location and if pile driving or removal was occurring at time 
of sighting;
    (5) Age and sex class, if possible, of all marine mammals observed;
    (6) Observer locations during marine mammal monitoring;
    (7) Distances and bearings of each marine mammal observed to the 
pile being driven or removed for each sighting (if pile driving or 
removal was occurring at time of sighting);
    (8) Description of any marine mammal behavior patterns during 
observation, including direction of travel and estimated time spent 
within the Level A and Level B harassment zones while the source was 
active;
    (9) Number of marine mammals detected within the harassment zones, 
by species;
    (10) Detailed information about any implementation of any mitigation 
triggered (e.g., shutdowns and delays), a description of specific 
actions that ensued, and resulting behavior of the animal, if any;
    (11) Description of attempts to distinguish between the number of 
individual animals taken and the number of incidences of take, such as 
ability to track groups or individuals; and
    (12) Estimated percentage of the Level B harassment zone that was 
not visible.
    (g) In the event that personnel involved in the construction 
activities discover an injured or dead marine mammal, the Navy shall 
report the incident to the Office of Protected Resources (OPR) (301-427-
8401), NMFS and to the Greater Atlantic Region New England/Mid-Atlantic 
Regional Stranding Coordinator as soon as feasible. If the death or 
injury was clearly caused by the specified activity, the Navy must 
immediately cease the specified activities until NMFS is able to review 
the circumstances of the incident and determine what, if any, additional 
measures are appropriate to ensure compliance with the terms of the 
authorization. The Navy must not resume their activities until notified 
by NMFS.
    (1) The report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;

[[Page 216]]

    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.
    (2) [Reserved]



Sec.  218.7  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the Navy must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, the Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the Navy must 
apply for and obtain a modification of the LOA as described in Sec.  
218.8.
    (e) The LOA shall set forth the following information:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within 30 days of a determination.



Sec.  218.8  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 218.7 
for the activity identified in Sec.  218.1(a) shall be renewed or 
modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations, 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 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) An LOA issued under Sec.  216.106 of this chapter and Sec.  
218.7 for the activity identified in Sec.  218.1(a) may be modified by 
NMFS under the following circumstances:
    (1) NMFS may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with Navy 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 a LOA:
    (A) Results from Navy's monitoring from previous years;
    (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; and
    (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.

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    (2) 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 in a LOA issued pursuant to Sec.  216.106 of this 
chapter and Sec.  218.7, a 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.



Sec.  218.9  [Reserved]



 Subpart B_Taking and Importing Marine Mammals; U.S. Navy's Point Mugu 
            Sea Range (PMSR) Training and Testing Study Area

    Source: 87 FR 40960, July 8, 2022, unless otherwise noted.

    Effective Date Note: 87 FR 40960, July 8, 2022, subpart B was added, 
effective July 7, 2022, through July 7, 2029.



Sec.  218.10  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
for the taking of marine mammals that occur in the area described in 
paragraph (b) of this section and that occur incidental to the 
activities listed in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy under this subpart may 
be authorized in a Letter of Authorization (LOA) only if it occurs 
within the PMSR Training and Testing Study Area. The PMSR Study Area is 
located adjacent to Los Angeles, Ventura, Santa Barbara, and San Luis 
Obispo Counties along the Pacific Coast of Southern California and 
includes a 36,000-square-mile sea range. The two primary components of 
the PMSR Complex are Special Use Airspace and the ocean Operating Areas.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy conducting training and testing 
activities, including:
    (1) Training.
    (i) Air warfare;
    (ii) Electronic warfare; and
    (iii) Surface warfare.
    (2) Testing.
    (i) Air warfare;
    (ii) Electronic warfare; and
    (iii) Surface warfare.



Sec.  218.11  Effective dates.

    Regulations in this subpart are effective from July 7, 2022, through 
July 7, 2029.



Sec.  218.12  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec. Sec.  216.106 of this 
subchapter and 218.16, the Holder of the LOA (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.10(b) by Level A harassment and Level B 
harassment associated with the use of explosives and missile launch 
activities, provided the activity is in compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
applicable LOA.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.10(c) is limited to the species and stocks listed in Table 
1 of this section.

                       Table 1 to Sec.   218.12(b)
------------------------------------------------------------------------
           Common name              Scientific name          Stock
------------------------------------------------------------------------
Blue whale......................  Balaenoptera        Eastern North
                                   musculus.           Pacific.
Fin whale.......................  Balaenoptera        California,
                                   physalus.           Oregon, and
                                                       Washington.
Gray whale......................  Eschrichtius        Eastern North
                                   robustus.           Pacific.
Humpback whale..................  Megaptera           California,
                                   novaeangliae.       Oregon,
                                                       Washington.
Minke whale.....................  Balaenoptera        California,
                                   acutorostrata.      Oregon, and
                                                       Washington.
Common Bottlenose dolphin.......  Tursiops truncatus  California,
                                                       Oregon, and
                                                       Washington
                                                       Offshore.
Dall's porpoise.................  Phocoenoides dalli  California,
                                                       Oregon, and
                                                       Washington.
Dwarf sperm whale...............  Kogia sima........  California,
                                                       Oregon, and
                                                       Washington.
Long-beaked common dolphin......  Delphinus capensis  California.
Mesoplodont beaked whales.......  Mesoplodon spp....  California,
                                                       Oregon, and
                                                       Washington.
Northern right whale dolphin....  Lissodelphis        California,
                                   borealis.           Oregon, and
                                                       Washington.
Pacific white-sided dolphin.....  Lagenorhynchus      California,
                                   obliquidens.        Oregon, and
                                                       Washington.
Pygmy killer whale..............  Feresa attenuata..
Pygmy sperm whale...............  Kogia breviceps...  California,
                                                       Oregon, and
                                                       Washington.

[[Page 218]]

 
Risso's dolphins................  Grampus griseus...  California,
                                                       Oregon, and
                                                       Washington.
Short-beaked common dolphin.....  Delphinus delphis.  California,
                                                       Oregon, and
                                                       Washington.
Sperm whale.....................  Physeter            California,
                                   macrocephalus.      Oregon, and
                                                       Washington.
Striped dolphin.................  Stenella            California,
                                   coeruleoalba.       Oregon, and
                                                       Washington.
Harbor seal.....................  Phoca vitulina....  California.
Northern elephant seal..........  Mirounga            California.
                                   angustirostris.
California sea lion.............  Zalophus            U.S. Stock.
                                   californianus.
Guadalupe fur seal..............  Arctocephalus       Mexico to
                                   townsendi.          California.
------------------------------------------------------------------------



Sec.  218.13  Prohibitions.

    Except for incidental takings contemplated in Sec.  218.12(a) and 
authorized by an LOA issued under Sec. Sec.  216.106 of this chapter and 
218.16, it shall be unlawful for any person to do any of the following 
in connection with the activities listed in Sec.  218.10(c):
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 218.16;
    (b) Take any marine mammal not specified in Sec.  218.12(b);
    (c) Take any marine mammal specified in Sec.  218.12(b) in any 
manner other than as specified in the LOA issued under Sec. Sec.  
216.106 of this chapter and 218.16; or
    (d) Take a marine mammal specified in Sec.  218.12(b) if NMFS 
determines such taking is having, or may have, more than a negligible 
impact on the species or stock concerned.



Sec.  218.14  Mitigation requirements.

    When conducting the activities identified in Sec.  218.10(c), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 218.16 will be implemented. These mitigation 
measures include, but are not limited to:
    (a) Procedural mitigation. Procedural mitigation is mitigation that 
the Navy will implement whenever and wherever an applicable training or 
testing activity takes place within the PMSR Study Area for each 
applicable activity category or stressor category and includes acoustic 
stressors (i.e., weapons firing noise), explosive stressors (i.e., 
medium-caliber and large-caliber projectiles, missiles and rockets, 
bombs), and physical disturbance and strike stressors (i.e., vessel 
movement; towed in-water devices (e.g., surface targets); small-, 
medium-, and large-caliber non-explosive practice munitions; non-
explosive missiles and rockets; and non-explosive bombs).
    (1) Environmental awareness and education. Navy personnel (including 
civilian personnel) involved in mitigation and training or testing 
reporting under the specified activities will complete one or more 
modules of the U.S. Navy Afloat Environmental Compliance Training 
Series, as identified in their career path training plan. Modules 
include: Introduction to the U.S. Navy Afloat Environmental Compliance 
Training Series, Marine Species Awareness Training, and U.S. Navy 
Protective Measures Assessment Protocol.
    (2) Weapons firing noise. Weapons firing noise associated with 
large-caliber gunnery activities.
    (i) Number of Lookouts and observation platform. One Lookout will be 
positioned on the ship conducting the firing. Depending on the activity, 
the Lookout could be the same as the one provided for under paragraph 
(a)(7)(i) of this section.
    (ii) Mitigation zone and requirements. The mitigation zone will be 
30 degrees on either side of the firing line out to 70 yd from the 
muzzle of the weapon being fired.
    (A) Prior to the initial start of the activity. Navy personnel will 
observe the mitigation zone for floating vegetation and marine mammals; 
if floating vegetation or marine mammals are observed, Navy personnel 
will relocate or delay the start of weapons firing.
    (B) During the activity. Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will cease weapons 
firing.

[[Page 219]]

    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing weapons firing) until one of the following conditions 
has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based on its course, speed, and movement away 
from weapons firing noise;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 30 minutes (min); or
    (4) Firing ship transit. For mobile activities, the firing ship has 
transited a distance equal to double that of the mitigation zone size 
beyond the location of the last sighting.
    (3) Explosive medium-caliber and large-caliber projectiles. Gunnery 
activities using explosive medium-caliber and large-caliber projectiles. 
Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout will be 
on the vessel or aircraft conducting the activity. For activities using 
explosive large-caliber projectiles, depending on the activity, the 
Lookout could be the same as the one described in paragraph (a)(2)(i) of 
this section. If additional platforms are participating in the activity, 
Navy personnel positioned on those assets (e.g., safety observers, 
evaluators) will support observing the relevant mitigation zone for 
marine mammals and other applicable biological resources while 
performing their regular duties.
    (ii) Mitigation zone and requirements. The relevant mitigation zones 
are as follows: 200 yd (182.88 m) around the intended impact location 
for air-to-surface activities using explosive medium-caliber 
projectiles; 600 yd (548.64 m) around the intended impact location for 
surface-to-surface activities using explosive medium-caliber 
projectiles; and 1,000 yd (914.4 m) around the intended impact location 
for surface-to-surface activities using explosive large-caliber 
projectiles.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station). Navy personnel will observe the mitigation zone 
for floating vegetation and marine mammals; if floating vegetation or 
marine mammals are observed, Navy personnel will relocate or delay the 
start of firing.
    (B) During the activity. Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based on a its course, speed, and movement 
away from the intended impact location;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min for aircraft-based firing 
or 30 min for vessel-based firing; or
    (4) Impact location transit. For activities using mobile targets, 
the intended impact location has transited a distance equal to double 
that of the mitigation zone size beyond the location of the last 
sighting.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station). Navy personnel will, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel will follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on

[[Page 220]]

these assets will assist in the visual observation of the area where 
detonations occurred.
    (4) Explosive missiles and rockets. Aircraft-deployed explosive 
missiles and rockets. Mitigation applies to activities using a maritime 
surface target at ranges up to 75 nmi (139 km).
    (i) Number of Lookouts and observation platform. One Lookout will be 
positioned in an aircraft. If additional platforms are participating in 
the activity, Navy personnel positioned on those assets (e.g., safety 
observers, evaluators) will support observing the relevant mitigation 
zone for marine mammals and other applicable biological resources while 
performing their regular duties.
    (ii) Mitigation zone and requirements. The relevant mitigation zones 
are as follows: 900 yd (822.96 m) around the intended impact location 
for missiles or rockets with 0.6-20 lb net explosive weight; and 2,000 
yd (1,828.8 m) around the intended impact location for missiles with 21-
500 lb net explosive weight.
    (A) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone). Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will relocate or delay 
the start of firing.
    (B) During the activity. Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel will allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based on its course, speed, and movement away 
from the intended impact location; or
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station). Navy personnel will, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel will follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets will assist 
in the visual observation of the area where detonations occurred.
    (5) Explosive bombs. Mitigation applies to activities using a 
maritime surface target at ranges up to 75 nmi (139 km).
    (i) Number of Lookouts and observation platform. One Lookout will be 
positioned in an aircraft conducting the activity. If additional 
platforms are participating in the activity, Navy personnel positioned 
on those assets (e.g., safety observers, evaluators) will support 
observing the relevant mitigation zone for marine mammals and other 
applicable biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. The relevant mitigation zones 
is 2,500 yd (2,286 m) around the intended target.
    (A) Prior to the initial start of the activity (e.g., when arriving 
on station). Navy personnel will observe the mitigation zone for 
floating vegetation and marine mammals; if floating vegetation or marine 
mammals are observed, Navy personnel will relocate or delay the start of 
bomb deployment.
    (B) During the activity (e.g., during target approach). Navy 
personnel will observe the mitigation zone for floating vegetation and 
marine mammals; if floating vegetation or marine mammals are observed, 
Navy personnel will cease bomb deployment.

[[Page 221]]

    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel will allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment) until one of the following conditions 
has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based on its course, speed, and movement away 
from the intended target;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min; or
    (4) Intended target transit. For activities using mobile targets, 
the intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station). Navy personnel will, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel will follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets will assist 
in the visual observation of the area where detonations occurred.
    (6) Vessel movement. The mitigation will not be required if: the 
vessel's safety is threatened; the vessel is restricted in its ability 
to maneuver (e.g., during launching and recovery of aircraft or landing 
craft, during towing activities, when mooring); the vessel is submerged 
or operated autonomously; or if impracticable based on mission 
requirements (e.g., during Amphibious Assault and Amphibious Raid 
exercises).
    (i) Number of Lookouts and observation platform. One Lookout will be 
on the vessel that is underway.
    (ii) Mitigation zone and requirements. The relevant mitigation zones 
are as follows: 500 yd (457.2 m) around whales; and 200 yd (182.88 m) 
around all other marine mammals (except bow-riding dolphins and 
pinnipeds hauled out on man-made navigational structures, port 
structures, and vessels).
    (A) During the activity. When underway Navy personnel will observe 
the mitigation zone for marine mammals; if marine mammals are observed, 
Navy personnel will maneuver to maintain distance.
    (B) [Reserved]
    (iii) Reporting. If a marine mammal vessel strike occurs, Navy 
personnel will follow the established incident reporting procedures.
    (7) Small-, medium-, and large-caliber non-explosive practice 
munitions. Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout will be 
positioned on the platform conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described in 
paragraph (a)(2)(i) of this section.
    (ii) Mitigation zone and requirements. The relevant mitigation zone 
is 200 yd (182.88 m) around the intended impact location.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station). Navy personnel will observe the mitigation zone 
for floating vegetation and marine mammals; if floating vegetation or 
marine mammals are observed, Navy personnel will relocate or delay the 
start of firing.
    (B) During the activity. Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel will allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:

[[Page 222]]

    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based on its course, speed, and movement away 
from the intended impact location;
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min for aircraft-based firing 
or 30 min for vessel-based firing;
    (4) Impact location transit. For activities using a mobile target, 
the intended impact location has transited a distance equal to double 
that of the mitigation zone size beyond the location of the last 
sighting.
    (8) Non-explosive missiles and rockets. Aircraft-deployed non-
explosive missiles and rockets. Mitigation applies to activities using a 
maritime surface target at ranges of up to 75 nmi (139 km).
    (i) Number of Lookouts and observation platform. One Lookout will be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. The relevant mitigation zone 
is 900 yd (822.96 m) around the intended impact location.
    (A) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone). Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will relocate or delay 
the start of firing.
    (B) During the activity. Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals; if floating vegetation 
or marine mammals are observed, Navy personnel will cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel will allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based on its course, speed, and movement away 
from the intended impact location; or
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (9) Non-explosive bombs. Mitigation applies to activities using a 
maritime surface target at ranges up to 75 nmi (139 km).
    (i) Number of Lookouts and observation platform. One Lookout will be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. The relevant mitigation zone 
is 900 yd (822.96 m) around the intended target.
    (A) Prior to the initial start of the activity (e.g., when arriving 
on station). Navy personnel will observe the mitigation zone for 
floating vegetation and marine mammals; if floating vegetation or marine 
mammals are observed, Navy personnel will relocate or delay the start of 
bomb deployment.
    (B) During the activity (e.g., during approach of the target or 
intended minefield location). Navy personnel will observe the mitigation 
zone for floating vegetation and marine mammals and, if floating 
vegetation or marine mammals are observed, Navy personnel will cease 
bomb deployment.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel will allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment) until one of the following conditions 
has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Determined to have exited. The animal is determined to have 
exited the mitigation zone based its course, speed, and movement away 
from the intended target or minefield location;
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min; or
    (4) Intended target transit. For activities using mobile targets, 
the intended target has transited a distance equal to double that of the 
mitigation zone size

[[Page 223]]

beyond the location of the last sighting.
    (10) Target and missile launches from San Nicolas Islands (SNI). 
Target and missile launch activities from SNI.
    (i) Mitigation zone and requirements. 305 m (1,000 ft) over pinniped 
haulouts. Missiles will not cross over pinniped haulouts at elevations 
less than 305 m (1,000 ft) above the haulout. All manned aircraft and 
helicopter flight paths will maintain a minimum distance of 305 m (1,000 
ft) from recognized seal haulouts and rookeries, except in emergencies 
or for real-time security incidents. For unmanned aircraft systems 
(UAS), the following minimum altitudes will be maintained over pinniped 
haulout areas and rookeries: Class 0-2 UAS will maintain a minimum 
altitude of 300 ft; Class 3 UAS will maintain a minimum altitude of 500 
ft; Class 4 or 5 UAS will not be flown below 1,000 ft.
    (A) Pinniped haulouts. Navy personnel will not enter pinniped 
haulouts or rookeries. Personnel may be adjacent to pinniped haulouts 
and rookeries prior to and following a launch for monitoring purposes.
    (B) Number of launch events. Navy will not conduct more than 40 
launch events annually. Up to 10 launch events of the 40 annual launch 
events may occur at night.
    (C) Launches during the peak pinniped pupping season. Launches will 
be scheduled to avoid peak pinniped pupping periods between January and 
July, to the maximum extent practicable.
    (D) Unauthorized species. If a species for which authorization has 
not been granted is taken, or a species for which authorization has been 
granted but the authorized takes are met, the Navy will consult with 
NMFS to determine how to proceed.
    (E) Review of launch procedures. The Navy will review the launch 
procedure and monitoring methods, in cooperation with NMFS, if any 
incidents of injury or mortality of a pinniped are discovered during 
post-launch surveys, or if surveys indicate possible effects to the 
distribution, size, or productivity of the affected pinniped populations 
as a result of the specified activities. If necessary, appropriate 
changes will be made through modification to the LOA prior to conducting 
the next launch of the same vehicle.
    (ii) [Reserved]
    (b) Seasonal awareness messages. In addition to procedural 
mitigation, Navy personnel will implement seasonal awareness 
notification messages throughout the PMSR Study Area to avoid 
interaction with large whales during transit.
    (1) Blue whale awareness notification message. (i) Navy personnel 
will issue a seasonal awareness notification message to alert Navy ships 
and aircraft operating throughout the PMSR Study Area to the possible 
presence of increased concentrations of blue whales June 1 through 
October 31.
    (ii) To maintain safety of navigation and to avoid interactions with 
large whales during transits, Navy personnel will instruct vessels to 
remain vigilant to the presence of blue whales that, when concentrated 
seasonally, may become vulnerable to vessel strikes.
    (iii) Navy personnel will use the information from the awareness 
notification message to assist their visual observation of applicable 
mitigation zones during training and testing activities and to aid in 
the implementation of procedural mitigation.
    (2) Gray whale awareness notification message. (i) Navy personnel 
will issue a seasonal awareness notification message to alert Navy ships 
and aircraft operating through the PMSR Study Area to the possible 
presence of increased concentrations of gray whales November 1 through 
March 31.
    (ii) To maintain safety of navigation and to avoid interactions with 
large whales during transits, Navy personnel will instruct vessels to 
remain vigilant to the presence of gray whales that, when concentrated 
seasonally, may become vulnerable to vessel strikes.
    (iii) Navy personnel will use the information from the awareness 
notification message to assist their visual observation of applicable 
mitigation zones during training and testing activities and to aid in 
the implementation of procedural mitigation.
    (3) Fin whale awareness notification message. (i) Navy personnel 
will issue a seasonal awareness notification message to alert Navy ships 
and aircraft operating throughout the PMSR Study

[[Page 224]]

Area to the possible presence of increased concentrations of fin whales 
November 1 through May 31.
    (ii) To maintain safety of navigation and to avoid interactions with 
large whales during transits, Navy personnel will instruct vessels to 
remain vigilant to the presence of fin whales that, when concentrated 
seasonally, may become vulnerable to vessel strikes.
    (iii) Navy personnel will use the information from the awareness 
notification message to assist their visual observation of applicable 
mitigation zones during training and testing activities and to aid in 
the implementation of procedural mitigation.



Sec.  218.15  Requirements for monitoring and reporting.

    (a) Unauthorized take. Navy personnel will notify NMFS immediately 
(or as soon as operational security considerations allow) if the 
specified activity identified in Sec.  218.10 is thought to have 
resulted in the serious injury or mortality of any marine mammals, or in 
any Level A harassment or Level B harassment of marine mammals not 
identified in this subpart.
    (b) Monitoring and reporting under the LOA. The Navy will conduct 
all monitoring and reporting required under the LOA. The Navy will 
coordinate and discuss with NMFS how monitoring in the PMSR Study Area 
could contribute to the Navy's Marine Species Monitoring Program.
    (c) Notification of injured, live stranded, or dead marine mammals. 
Navy personnel will consult the Notification and Reporting Plan, which 
sets out notification, reporting, and other requirements when dead, 
injured, or live stranded marine mammals are detected. The Notification 
and Reporting Plan is available at https://www.fisheries.noaa.gov/ 
action/ incidental -take-authorization -us-navy-testing -and-training-
activities -point-mugu-sea-range.
    (d) Pinniped monitoring plan on SNI. In consultation with NMFS, the 
Navy will implement a monitoring plan for beaches exposed to missile 
launch noise with the goal of assessing baseline pinniped distribution/
abundance and potential changes in pinniped use of these beaches after 
launch events. Marine mammal monitoring shall include multiple surveys 
(e.g., time-lapse photography) during the year that record the species, 
number of animals, general behavior, presence of pups, age class, gender 
and reactions to launch noise or other natural or human caused 
disturbances, in addition to environmental conditions that may include 
tide, wind speed, air temperature, and swell. In addition, video and 
acoustic monitoring of up to three pinniped haulout areas and rookeries 
will be conducted during launch events that include missiles or targets 
that have not been previously monitored using video and acoustic 
recorders for at least three launch events. Video monitoring cameras 
would be either high-definition video cameras, or Forward-Looking 
Infrared Radiometer (FLIR) thermal imaging cameras for night launch 
events.
    (e) Annual pinniped monitoring report on SNI. The Navy will submit 
an annual report to NMFS of the SNI rocket and missile launch 
activities. The draft annual monitoring report will be submitted to the 
Director, Office of Protected Resources, NMFS, within 3 months after the 
end of the reporting year. NMFS will submit comments or questions on the 
draft monitoring report, if any, within 3 months of receipt. The report 
will be considered final after the Navy has addressed NMFS' comments, or 
3 months after the submission of the draft if NMFS does not provide 
comments on the draft report. The report will summarize the launch 
events conducted during the year; assess any direct impacts to pinnipeds 
from launch events; assess any cumulative impacts on pinnipeds from 
launch events; and, summarize pinniped monitoring and research 
activities conducted on SNI and any findings related to effects of 
launch noise on pinniped populations.
    (f) Annual PMSR Study Area Training and Testing Activity Report. 
Each year, the Navy will submit a detailed report PMSR (Annual Training 
and Testing Activity Report) to the Director, Office of Protected 
Resources, NMFS, within 3 months after the one-year anniversary of the 
date of issuance of the LOA. NMFS will submit comments or questions on 
the report, if any, within 1 month of receipt. The report will be

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considered final after the Navy has addressed NMFS' comments, or 1 month 
after submission of the draft if NMFS does not provide comments on the 
draft report. The annual report will contain information on all sound 
sources used (total hours or quantity of each bin; total annual number 
of each type of explosive events; and total annual expended/detonated 
rounds (missiles, bombs, etc.) for each explosive bin). The annual 
report will also contain both the current year's data as well as 
explosive use quantity from previous years' reports. Additionally, if 
there were any changes to the explosive allowance in a given year, or 
cumulatively, the report will include a discussion of why the change was 
made and include analysis to support how the change did or did not 
affect the analysis in the 2022 PMSR Final Environment Impact Statement/
Overseas Environmental Impact Statement (``FEIS/OEIS''; available at 
https://pmsr-eis.com/) and the analysis in the Marine Mammal Protection 
Act (MMPA) final rule (87 FR 40888, July 8, 2022). The annual report 
will also include the details regarding specific requirements associated 
with monitoring on SNI. The final annual/close-out report at the 
conclusion of the authorization period (year 7) will serve as the 
comprehensive close-out report and include both the final year annual 
use compared to annual authorization as well as a cumulative 7-year 
annual use compared to 7-year authorization. The detailed reports will 
contain the information identified in paragraphs (f)(1) and (2) of this 
section.
    (1) Explosives. This section of the report will include the 
following information for explosive activities completed that year.
    (i) Activity information gathered for each explosive event.
    (A) Location by Special Use Airspace (e.g., Warning Area).
    (B) Date and time exercise began and ended.
    (C) Total hours of observation by Lookouts before, during, and after 
exercise.
    (D) Total annual expended/detonated ordnance (i.e., missile, bombs 
etc.) number and types of explosive source bins detonated.
    (E) Wave height in feet (high, low, and average) during exercise.
    (F) 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 for each sighting where mitigation was implemented.
    (A) Date/time/location of sighting.
    (B) Species (if not possible, indicate whale or dolphin).
    (C) Number of individuals.
    (D) Initial detection sensor (e.g., sonar or Lookout).
    (E) Length of time observers maintained visual contact with marine 
mammal.
    (F) Sea state.
    (G) Visibility.
    (H) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after.
    (I) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated): Less than 200 yd (183 m), 200 to 500 yd (183 
m to 457 m), 500 to 1,000 yd (457 m to 914 m), 1,000 to 2,000 yd (914 m 
to 1,829 m), or greater than 2,000 yd (1,829 m).
    (J) Lookouts 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 and if any 
calves were present.
    (K) The report will indicate whether explosive detonations were 
delayed, ceased, modified, or not modified due to marine mammal presence 
and for how long.
    (L) If observation occurred while explosives were detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (2) Summary of sources used. This section of the report will include 
the following information summarized from the authorized sound sources 
used in all training and testing events:
    (i) Total annual quantity (per the LOA) of each explosive bin; and
    (ii) Total annual expended/detonated ordnance (missiles, bombs, 
etc.) for each explosive bin.

[[Page 226]]

    (g) Final close-out report. The final (year 7) draft annual/close-
out report will be submitted within 3 months after the expiration of 
this subpart to the Director, Office of Protected Resources, NMFS. NMFS 
will submit comments on the draft close-out report, if any, within 3 
months of receipt. The report will be considered final after the Navy 
has addressed NMFS' comments, or 3 months after the submittal of the 
draft if NMFS does not provide comments.



Sec.  218.16  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the Navy will apply for and obtain an LOA in accordance 
with Sec.  216.106 of this chapter.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed between October 31, 2021, and October 30, 
2028.
    (c) If an LOA expires prior to October 30, 2028, the Navy may apply 
for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, or reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  218.17(c)(1)) required by an 
LOA issued under this subpart, the Navy will apply for and obtain a 
modification of the LOA as described in Sec.  218.17.
    (e) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species or stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (f) Issuance of the LOA(s) will be based on a determination that the 
level of taking is consistent with the findings made for the total 
taking allowable under the regulations in this subpart.
    (g) Notice of issuance or denial of the LOA(s) will be published in 
the Federal Register within 30 days of a determination.



Sec.  218.17  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.16 for the activity identified in Sec.  218.10(c) may be renewed or 
modified upon request by the applicant, provided that:
    (1) The specified activity and mitigation, monitoring, and reporting 
measures, as well as the anticipated impacts, are the same as those 
described and analyzed for the regulations in this subpart (excluding 
changes made pursuant to the adaptive management provision in paragraph 
(c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA(s) were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations in this subpart 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 LOA 
in the Federal Register, including the associated analysis of the 
change, and solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.16 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the Navy regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's annual monitoring report and annual 
exercise report from the previous year(s);

[[Page 227]]

    (B) Results from other marine mammal and/or sound research or 
studies;
    (C) Results from specific stranding investigations; or
    (D) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart 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 a new 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 of marine 
mammals specified in LOAs issued pursuant to Sec. Sec.  216.106 of this 
chapter and 218.16, an LOA may be modified without prior notice or 
opportunity for public comment. Notice will be published in the Federal 
Register within 30 days of the action.



Sec. Sec.  218.18-218.19  [Reserved]



Subpart C_Taking Marine Mammals Incidental to U.S. Navy Marine Structure 
             Maintenance and Pile Replacement in Washington

    Source: 84 FR 15983, Apr. 17, 2019, unless otherwise noted.

    Effective Date Note: At 84 FR 15983, Apr. 17, 2019, subpart C was 
added, effective May 17, 2019, through May 17, 2024.



Sec.  218.20  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
and those persons it authorizes or funds to conduct activities on its 
behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
maintenance construction activities, as defined in a Letter of 
Authorization (LOA).
    (b) The taking of marine mammals by the Navy may be authorized in a 
LOA only if it occurs within Washington inland waters in the vicinity of 
one of the following six naval installations: Naval Base Kitsap Bangor, 
Zelatched Point, Naval Base Kitsap Bremerton, Naval Base Kitsap Keyport, 
Naval Base Kitsap Manchester, and Naval Station Everett.



Sec.  218.21  Effective dates.

    Regulations in this subpart are effective from May 17, 2019 through 
May 17, 2024.



Sec.  218.22  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
218.26, the Holder of the LOA (hereinafter ``Navy'') may incidentally, 
but not intentionally, take marine mammals within the area described in 
Sec.  218.20(b) by Level A or Level B harassment associated with 
maintenance construction activities, provided the activity is in 
compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.



Sec.  218.23  Prohibitions.

    Notwithstanding takings contemplated in Sec.  218.22 and authorized 
by a LOA issued under Sec. Sec.  216.106 of this chapter and 218.26, no 
person in connection with the activities described in Sec.  218.20 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 218.26;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  218.24  Mitigation requirements.

    When conducting the activities identified in Sec.  218.20(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 218.26 must be implemented. These

[[Page 228]]

mitigation measures shall include but are not limited to:
    (a) General conditions. (1) A copy of any issued LOA must be in the 
possession of the Navy, its designees, and work crew personnel operating 
under the authority of the issued LOA; and
    (2) The Navy shall conduct briefings for construction supervisors 
and crews, the monitoring team, and Navy staff prior to the start of all 
pile driving activity, and when new personnel join the work, in order to 
explain responsibilities, communication procedures, the marine mammal 
monitoring protocol, and operational procedures.
    (b) Shutdown zones. (1) For all pile driving activity, the Navy 
shall implement a minimum shutdown zone of a 10 m radius around the 
pile. If a marine mammal comes within or approaches the shutdown zone, 
such operations shall cease;
    (2) For all pile driving activity, the Navy shall implement shutdown 
zones with radial distances as identified in any LOA issued under 
Sec. Sec.  216.106 of this chapter and 218.26. If a marine mammal comes 
within or approaches the shutdown zone, such operations shall cease;
    (3) For all pile driving activity, the Navy shall designate 
monitoring zones with radial distances as identified in any LOA issued 
under Sec. Sec.  216.106 of this chapter and 218.26. Anticipated 
observable zones within the designated monitoring zones shall be 
identified in annual Marine Mammal Monitoring Plans, subject to approval 
by NMFS. If any cetacean is observed outside the shutdown zone 
identified pursuant to paragraphs (b)(1) and (2) of this section, but 
within the designated monitoring zone, such operations shall cease.
    (c) Shutdown protocols. (1) The Navy shall deploy marine mammal 
observers as indicated in annual Marine Mammal Monitoring Plans, which 
shall be subject to approval by NMFS, and as described in Sec.  218.25.
    (2) For all pile driving activities, a minimum of one observer shall 
be stationed at the active pile driving rig or in reasonable proximity 
in order to monitor the shutdown zone.
    (3) Prior to the start of pile driving on any day, the Navy shall 
take measures to ensure that southern resident killer whales are not 
located within the vicinity of the project area, including, but not 
limited to, contacting and/or reviewing the latest sightings data from 
the Orca Network and/or Center for Whale Research, including passive 
acoustic detections, to determine the location of the nearest marine 
mammal sightings.
    (4) Monitoring shall take place from fifteen minutes prior to 
initiation of pile driving activity through thirty minutes post-
completion of pile driving activity. Pre-activity monitoring shall be 
conducted for fifteen minutes to ensure that the shutdown zone is clear 
of marine mammals, and pile driving may commence only if observers have 
declared the shutdown zone clear of marine mammals during this period. 
In the event of a delay or shutdown of activity resulting from marine 
mammals in the shutdown zone, the marine mammals shall be allowed to 
remain in the shutdown zone (i.e., must leave of their own volition) and 
their behavior shall be monitored and documented. Monitoring shall occur 
throughout the time required to drive a pile. A determination that the 
shutdown zone is clear cannot be made unless the observer(s) have good 
visibility of the shutdown zone during the entire fifteen-minute 
observation period (i.e., the entire shutdown zone must be visible to 
the naked eye and unobscured by dark, rain, fog, poor lighting 
conditions, etc.).
    (5) If a marine mammal approaches or enters the shutdown zone, the 
Navy shall halt all pile driving activities at that location. If pile 
driving is halted or delayed due to the presence of a marine mammal, the 
activity may not commence or resume until either the animal has 
voluntarily left and been visually confirmed beyond the shutdown zone or 
fifteen minutes have passed without re-detection of the animal.
    (6) If a species for which authorization has not been granted, or a 
species for which authorization has been granted but the authorized 
takes are met, is observed approaching or within the monitoring zone, 
the Navy must halt pile driving activities immediately using delay and 
shutdown procedures. Activities must not resume until the animal has 
been confirmed to

[[Page 229]]

have left the area or the fifteen-minute observation period has elapsed.
    (7) Monitoring shall be conducted by trained observers, who shall 
have no other assigned tasks during monitoring periods. Trained 
observers shall be placed at the best vantage point(s) practicable to 
monitor for marine mammals and implement shutdown or delay procedures 
when applicable through communication with the equipment operator. The 
Navy shall adhere to the following additional observer qualifications:
    (i) Independent observers (i.e., not construction personnel) are 
required.
    (ii) At least one observer must have prior experience working as an 
observer.
    (iii) Other observers may substitute education (degree in biological 
science or related field) or training for experience.
    (iv) Where a team of three or more observers are required, one 
observer shall be designated as lead observer or monitoring coordinator. 
The lead observer must have prior experience working as an observer.
    (d) Soft start. The Navy shall use soft start techniques for impact 
pile driving. Soft start for impact drivers requires contractors to 
provide an initial set of three strikes at reduced energy, followed by a 
thirty-second waiting period, then two subsequent reduced energy three-
strike sets. Soft start shall be implemented at the start of each day's 
impact pile driving and at any time following cessation of impact pile 
driving for a period of thirty minutes or longer.
    (e) Sound attenuation. The Navy shall employ a bubble curtain (or 
other sound attenuation device with proven typical performance of at 
least 8 decibels effective attenuation) during impact pile driving of 
steel piles greater than 14 inches diameter in water depths greater than 
2 feet, except at Naval Base Kitsap Bremerton and Naval Base Kitsap 
Keyport. The Navy shall assess the potential for the use of bubble 
curtains at Keyport on a project-by-project basis. In addition, the Navy 
shall implement the following performance standards:
    (1) The bubble curtain must distribute air bubbles around 100 
percent of the piling perimeter for the full depth of the water column.
    (2) The lowest bubble ring shall be in contact with the mudline for 
the full circumference of the ring, and the weights attached to the 
bottom ring shall ensure 100 percent mudline contact. No parts of the 
ring or other objects shall prevent full mudline contact.
    (3) The Navy shall require that construction contractors train 
personnel in the proper balancing of air flow to the bubblers, and shall 
require that construction contractors submit an inspection/performance 
report for approval by the Navy within 72 hours following the 
performance test. Corrections to the attenuation device to meet the 
performance standards shall occur prior to impact driving.



Sec.  218.25  Requirements for monitoring and reporting.

    (a) Not later than March 1 of each year, the Navy shall develop and 
submit for NMFS's approval an installation-specific Marine Mammal 
Monitoring Plan for each year's anticipated work. Final monitoring plans 
shall be prepared and submitted to NMFS within 30 days following receipt 
of comments on the draft plans from NMFS.
    (b) During each in-water work period, the Navy shall update NMFS 
every two months on the progress of ongoing projects.
    (c) Trained observers shall receive a general environmental 
awareness briefing conducted by Navy staff. At a minimum, training shall 
include identification of the marine mammals that may occur in the 
project vicinity and relevant mitigation and monitoring requirements. 
All observers shall have no other construction-related tasks while 
conducting monitoring.
    (d) For shutdown zone monitoring, the Navy shall report on 
implementation of shutdown or delay procedures, including whether the 
procedures were not implemented and why (when relevant).
    (e) The Navy shall deploy additional observers to monitor 
disturbance zones according to the minimum requirements defined in 
annual Marine Mammal Monitoring Plans, subject to approval by NMFS. 
These observers shall

[[Page 230]]

collect sighting data and behavioral responses to pile driving for 
marine mammal species observed in the region of activity during the 
period of activity, and shall communicate with the shutdown zone 
observer as appropriate with regard to the presence of marine mammals. 
All observers shall be trained in identification and reporting of marine 
mammal behaviors.
    (f) The Navy must conduct hydroacoustic monitoring for a subset of 
impact-driven steel piles for projects that include more than three such 
piles. When this requirement for monitoring of impact-driven steel piles 
is triggered, the Navy must also conduct hydroacoustic monitoring of a 
subset of impact-driven plastic piles (if applicable).
    (g) The Navy must submit annual summary, final, and comprehensive 
summary reports as described in this paragraph (g):
    (1) Navy shall submit an annual summary report to NMFS not later 
than 90 days following the end of construction for that year. Navy shall 
provide a final report within 30 days following resolution of comments 
on the draft report. These reports shall contain, at minimum, the 
following:
    (i) Date and time that monitored activity begins or ends;
    (ii) Construction activities occurring during each observation 
period;
    (iii) Weather parameters (e.g., wind speed, percent cloud cover, 
visibility);
    (iv) Water conditions (e.g., sea state, tide state);
    (v) Species, numbers, and, if possible, sex and age class of marine 
mammals;
    (vi) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile driving 
activity;
    (vii) Distance from pile driving activities to marine mammals and 
distance from the marine mammals to the observation point;
    (viii) Description of implementation of mitigation measures (e.g., 
shutdown or delay);
    (ix) Locations of all marine mammal observations; and
    (x) Other human activity in the area.
    (2) Navy shall submit a comprehensive summary report to NMFS not 
later than ninety days following the conclusion of marine mammal 
monitoring efforts described in this subpart.
    (h) The Navy must submit reports of stranded, injured, or dead 
marine mammals as described in this paragraph (h):
    (1) In the event that a live marine mammal is found stranded, 
whether on shore or in or on any structure or vessel, the following 
steps shall be taken:
    (i) Project personnel who discover the marine mammal shall 
immediately notify the most appropriate onsite personnel with relevant 
expertise (e.g., marine mammal observers) as well as the Navy (if non-
Navy project personnel initially discover the animal).
    (ii) The Navy shall then immediately notify the West Coast Regional 
Stranding Coordinator, NMFS, and, in consultation with the Stranding 
Coordinator, shall immediately notify the most appropriate qualified 
individual (i.e., biologist or veterinarian) to respond to the event.
    (iii) In the interim, or in the event that no qualified individual 
other than onsite marine mammal observers is available to respond to the 
event, the Navy shall manage the event response and shall take action to 
prevent any further deterioration of the animal's condition, to the 
extent possible. Appropriate action may be specific to the event. At 
minimum, the Navy should provide shade for the animal (if possible), 
shall not move the animal or cause the animal to move, and shall suspend 
project activity until the situation is resolved.
    (iv) The Navy shall report the incident to the Office of Protected 
Resources (OPR), NMFS, within 48 hours after discovery.
    (2) In the unanticipated event that the activity defined in Sec.  
218.20 clearly causes the take of at least one marine mammal in a 
prohibited manner, the Navy shall immediately cease such activity and 
report the incident to OPR and the West Coast Regional Stranding 
Coordinator, NMFS. Activities shall not resume until NMFS is able to 
review the circumstances of the prohibited take. NMFS will work with the 
Navy to determine what measures are necessary to minimize the likelihood 
of further prohibited take and ensure MMPA compliance. The Navy may not 
resume their activities until notified

[[Page 231]]

by NMFS. The report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) Description of the incident;
    (iii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility);
    (iv) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (v) Species identification or description of the animal(s) involved;
    (vi) Fate of the animal(s); and
    (vii) Photographs or video footage of the animal(s). Photographs may 
be taken once the animal(s) have been moved from the waterfront area.
    (3) In the event that the Navy discovers an injured or dead marine 
mammal and 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), the Navy shall immediately report the incident to OPR 
and the West Coast Regional Stranding Coordinator, NMFS. The report must 
include the information identified in paragraph (h)(2) of this section. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with the Navy to determine whether additional 
mitigation measures or modifications to the activities are appropriate.
    (4) In the event that the Navy discovers an injured or dead marine 
mammal and determines that the injury or death is not associated with or 
related to the activities defined in Sec.  218.20 (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, 
scavenger damage), Navy shall report the incident to OPR and the West 
Coast Regional Stranding Coordinator, NMFS, within 24 hours of the 
discovery. The Navy shall provide photographs or video footage or other 
documentation of the stranded animal sighting to NMFS. Photographs may 
be taken once the animal has been moved from the waterfront area.



Sec.  218.26  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the Navy must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of the regulations in 
this subpart.
    (c) If an LOA expires prior to the expiration date of the 
regulations in this subpart, the Navy may apply for and obtain a renewal 
of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the Navy must 
apply for and obtain a modification of the LOA as described in Sec.  
218.27.
    (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 the regulations in this subpart.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  218.27  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.26 for the activity identified in Sec.  218.20(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under the regulations in this 
subpart were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include

[[Page 232]]

changes to the activity or the mitigation, monitoring, or reporting 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section) that do not change the findings made 
for the regulations in this subpart 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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.26 for the activity identified in Sec.  218.20(a) 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 the Navy 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 regulations in this subpart.
    (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 the Navy'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 the regulations in this 
subpart 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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 218.26, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.



Sec. Sec.  218.28-218.29  [Reserved]



  Subpart D_Taking Marine Mammals Incidental to U.S. Navy Construction 
       Activities at Naval Weapons Station Seal Beach, California

    Source: 85 FR 10325, Feb. 24, 2020, unless otherwise noted.

    Effective Date Note: At 85 FR 10325, Feb. 24, 2020, subpart D was 
added, effective Mar. 25, 2020, through Mar. 25, 2025.



Sec.  218.30  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
and those persons it authorizes or funds to conduct activities on its 
behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
maintenance construction activities.
    (b) The taking of marine mammals by the Navy may be authorized in a 
Letter of Authorization (LOA) only if it occurs within California 
coastal waters in the vicinity of Naval Weapons Station Seal Beach.



Sec.  218.31  Effective dates.

    Regulations in this subpart are effective from March 25, 2020, 
through March 25, 2025.



Sec.  218.32  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
218.36, the Holder of the LOA (hereinafter ``Navy'') may incidentally, 
but not intentionally, take marine mammals within the area described in 
Sec.  218.30(b) by Level B harassment associated with construction 
activities, provided the activity is in compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
appropriate LOA.



Sec.  218.33  Prohibitions.

    Notwithstanding takings contemplated in Sec.  218.32 and authorized 
by

[[Page 233]]

an LOA issued under Sec. Sec.  216.106 of this chapter and 218.36, no 
person in connection with the activities described in Sec.  218.30 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 218.36;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  218.34  Mitigation requirements.

    When conducting the activities identified in Sec.  218.30(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 218.36 must be implemented. These mitigation 
measures shall include but are not limited to:
    (a) General conditions. (1) A copy of any issued LOA must be in the 
possession of the Navy, its designees, and work crew personnel operating 
under the authority of the issued LOA.
    (2) The Navy shall conduct briefings for construction supervisors 
and crews, the monitoring team, and Navy staff prior to the start of all 
pile driving activity, and when new personnel join the work, in order to 
explain responsibilities, communication procedures, the marine mammal 
monitoring protocol, and operational procedures.
    (b) Shutdown zones. (1) For all pile driving activity, the Navy 
shall implement a minimum shutdown zone of a 10 m radius around the 
pile. If a marine mammal comes within or approaches the shutdown zone, 
such operations shall cease.
    (2) For all pile driving activity, the Navy shall implement shutdown 
zones with radial distances as identified in any LOA issued under 
Sec. Sec.  216.106 of this chapter and 218.36. If a marine mammal comes 
within or approaches the shutdown zone, such operations shall cease.
    (3) For all pile driving activity, the Navy shall designate 
monitoring zones with radial distances as identified in any LOA issued 
under Sec. Sec.  216.106 of this chapter and 218.36.
    (c) Shutdown protocols. (1) The Navy shall deploy marine mammal 
observers as described in Sec.  218.35.
    (2) For all pile driving activities, a minimum of one observer shall 
be stationed at the active pile driving rig or in reasonable proximity 
in order to monitor the shutdown zone.
    (3) Monitoring shall take place from 30 minutes prior to initiation 
of pile driving activity through 30 minutes post-completion of pile 
driving activity. Pre-activity monitoring shall be conducted for 30 
minutes to ensure that the shutdown zone is clear of marine mammals, and 
pile driving may commence when observers have declared the shutdown zone 
clear of marine mammals. In the event of a delay or shutdown of activity 
resulting from marine mammals in the shutdown zone, animals shall be 
allowed to remain in the shutdown zone (i.e., must leave of their own 
volition) and their behavior shall be monitored and documented. 
Monitoring shall occur throughout the time required to drive a pile. A 
determination that the shutdown zone is clear must be made during a 
period of good visibility (i.e., the entire shutdown zone and 
surrounding waters must be visible to the naked eye).
    (4) If a marine mammal approaches or enters the shutdown zone, all 
pile driving activities at that location shall be halted. If pile 
driving is halted or delayed due to the presence of a marine mammal, the 
activity may not commence or resume until either the animal has 
voluntarily left and been visually confirmed beyond the shutdown zone or 
15 minutes have passed without re-detection of the animal.
    (5) During conditions where the entire shutdown zone is not visible 
(e.g., dark, fog, heavy rain), impact pile driving must be delayed until 
the PSO is confident marine mammals within the shutdown zone could be 
detected.

[[Page 234]]

    (6) Monitoring shall be conducted by trained observers, who shall 
have no other assigned tasks during monitoring periods. Trained 
observers shall be placed at the best vantage point(s) practicable to 
monitor for marine mammals and implement shutdown or delay procedures 
when applicable through communication with the equipment operator. The 
Navy shall adhere to the following additional observer qualifications:
    (i) Independent observers (i.e., not construction personnel) are 
required.
    (ii) At least one observer must have prior experience working as an 
observer.
    (iii) Other observers may substitute education (degree in biological 
science or related field) or training for experience.
    (iv) Where a team of three or more observers are required, one 
observer shall be designated as lead observer or monitoring coordinator. 
The lead observer must have prior experience working as an observer.
    (v) The Navy shall submit observer CVs for approval by NMFS.
    (d) Soft start. The Navy shall use soft start techniques for impact 
pile driving. Soft start for impact drivers requires contractors to 
provide an initial set of three strikes at reduced energy, followed by a 
thirty-second waiting period, then two subsequent reduced energy three-
strike sets. Soft start shall be implemented at the start of each day's 
impact pile driving and at any time following cessation of impact pile 
driving for a period of thirty minutes or longer.



Sec.  218.35  Requirements for monitoring and reporting.

    (a) Trained observers shall receive a general environmental 
awareness briefing conducted by Navy staff. At minimum, training shall 
include identification of marine mammals that may occur in the project 
vicinity and relevant mitigation and monitoring requirements. All 
observers shall have no other construction-related tasks while 
conducting monitoring.
    (b) For shutdown zone monitoring, the Navy shall report on 
implementation of shutdown or delay procedures, including whether the 
procedures were not implemented and why (when relevant).
    (c) The Navy shall deploy a minimum of one additional observer to 
aid in monitoring disturbance zones. This observer shall collect 
sighting data and behavioral responses to pile driving for marine mammal 
species observed in the region of activity during the period of 
activity, and shall communicate with the shutdown zone observer as 
appropriate with regard to the presence of marine mammals. All observers 
shall be trained in identification and reporting of marine mammal 
behaviors.
    (d) The Navy must submit annual and summary reports.
    (1) Navy shall submit an annual summary report to NMFS not later 
than 90 days following the end of each calendar year. Navy shall provide 
a final report within 30 days following resolution of comments on the 
draft report. These reports shall contain, at minimum, the following:
    (i) Dates and times (begin and end) of all marine mammal monitoring;
    (ii) Construction activities occurring during each daily observation 
period, including how many and what type of piles were driven or removed 
and by what method (i.e., impact or vibratory);
    (iii) Weather parameters and water conditions during each monitoring 
period (e.g., wind speed, percent cover, visibility, sea state);
    (iv) The number of marine mammals observed, by species, relative to 
the pile location and if pile driving or removal was occurring at time 
of sighting;
    (v) Age and sex class, if possible, of all marine mammals observed;
    (vi) PSO locations during marine mammal monitoring;
    (vii) Distances and bearings of each marine mammal observed to the 
pile being driven or removed for each sighting (if pile driving or 
removal was occurring at time of sighting);
    (viii) Description of any marine mammal behavior patterns during 
observation, including direction of travel;
    (ix) Number of individuals of each species (differentiated by month 
as appropriate) detected within the monitoring zone, and estimates of 
number

[[Page 235]]

of marine mammals taken, by species (a correction factor may be applied 
to total take numbers, as appropriate);
    (x) Detailed information about any implementation of any mitigation 
triggered (e.g., shutdowns and delays), a description of specific 
actions that ensued, and resulting behavior of the animal, if any;
    (xi) Description of attempts to distinguish between the number of 
individual animals taken and the number of incidences of take, such as 
ability to track groups or individuals; and,
    (xii) An extrapolation of the estimated takes by Level B harassment 
based on the number of observed exposures within the Level B harassment 
zone and the percentage of the Level B harassment zone that was not 
visible, when applicable.
    (2) Navy shall submit a comprehensive summary report to NMFS not 
later than ninety days following the conclusion of marine mammal 
monitoring efforts described in this subpart.
    (e) Reporting of injured or dead marine mammals: In the event that 
personnel involved in the survey activities discover an injured or dead 
marine mammal, the LOA-holder must report the incident to the Office of 
Protected Resources (OPR), NMFS and to the West Coast Regional Stranding 
Network as soon as feasible. The report must include the following 
information:
    (1) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (2) Species identification (if known) or description of the 
animal(s) involved;
    (3) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (4) Observed behaviors of the animal(s), if alive;
    (5) If available, photographs or video footage of the animal(s); and
    (6) General circumstances under which the animal was discovered.



Sec.  218.36  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the Navy must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, the Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, the Navy must 
apply for and obtain a modification of the LOA as described in Sec.  
218.37.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  218.37  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.36 for the activity identified in Sec.  218.30(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section), and
    (2) 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

[[Page 236]]

changes to the activity or the mitigation, monitoring, or reporting 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section) that do not change the findings made 
for the regulations or result in no more than a minor change in the 
total estimated number of takes (or distribution by species or years), 
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) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.36 for the activity identified in Sec.  218.30(a) 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 the Navy 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 the Navy'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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 218.36, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.



Sec. Sec.  218.38-218.39  [Reserved]

Subparts E-F [Reserved]



 Subpart G_Taking and Importing Marine Mammals; U.S. Air Force's Eglin 
                  Gulf Test and Training Range (EGTTR)

    Source: 88 FR 24100, Apr. 18, 2023, unless otherwise noted.

    Effective Date Note: At 88 FR 24100, Apr. 18, 2023, subpart G was 
added, effective from Apr. 13, 2023, through Apr. 13, 2030.



Sec.  218.60  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Air Force 
(USAF) for the taking of marine mammals that occurs in the area 
described in paragraph (b) of this section and that occurs incidental to 
the activities listed in paragraph (c) of this section.
    (b) The taking of marine mammals by the USAF under this subpart may 
be authorized in a Letter of Authorization (LOA) only if it occurs 
within the Eglin Gulf Test and Training Range (EGTTR). The EGTTR is 
located adjacent to Santa Rosa, Okaloosa, and Walton Counties and 
includes property on Santa Rosa Island and Cape San Blas. The EGTTR is 
the airspace controlled by Eglin Air Force Base (AFB) over the Gulf of 
Mexico, beginning 3 nautical miles (nmi) from shore, and the underlying 
Gulf of Mexico waters. The EGTTR extends southward and westward off the 
coast of Florida and encompasses approximately 102,000 square nautical 
miles (nmi\2\). It is subdivided into blocks of airspace that consist of 
Warning Areas W-155, W-151, W-470, W-168, and W-174 and Eglin Water Test 
Areas 1 through 6. The two primary components of the EGTTR Complex are 
Live Impact Area and East Live Impact Area.
    (c) The taking of marine mammals by the USAF is only authorized if 
it occurs incidental to the USAF conducting training and testing 
activities, including air warfare and surface warfare training and 
testing activities.

[[Page 237]]



Sec.  218.61  Effective dates.

    Regulations in this subpart are effective from April 13, 2023, 
through April 13, 2030.



Sec.  218.62  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec.  216.106 of this subchapter 
and Sec.  218.66, the Holder of the LOA (hereinafter ``USAF'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.60(b) by Level A and Level B harassment (defined 
in section 3(18)(B) of the Marine Mammal Protection Act) associated 
training and testing activities described in Sec.  218.60(c) provided 
the activity is in compliance with all terms, conditions, and 
requirements of the regulations in this subpart and the applicable LOA.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.60(c) is limited to the species and stocks listed in table 
1 to this paragraph (b). Only Level B Harassment of Rice's whales is 
authorized. Level A Harassment and level B Harassment of the two dolphin 
stocks are authorized.

                        Table 1 to Paragraph (b)
------------------------------------------------------------------------
           Common name              Scientific name          Stock
------------------------------------------------------------------------
Atlantic spotted dolphin........  Stenella frontalis  Northern Gulf of
                                                       Mexico.
Common Bottlenose dolphin.......  Tursiops truncatus  Northern Gulf of
                                                       Mexico
                                                       Continental
                                                       Shelf.
Rice's whale....................  Balaenoptera ricei  No Stock
                                                       Designated.
------------------------------------------------------------------------



Sec.  218.63  Prohibitions.

    (a) Except for permissible incidental take described in Sec.  
218.62(a) and authorized by an LOA issued under Sec.  216.106 of this 
subchapter and Sec.  218.66, no person in connection with the activities 
listed in Sec.  218.66 may do any of the following in connection with 
activities listed in Sec.  218.60(c):
    (1) Violate, or fail to comply with, the terms, conditions, or 
requirements of this subpart or an LOA issued under Sec.  216.106 of 
this subchapter and Sec.  218.66;
    (2) Take any marine mammal not specified in Sec.  218.62(b);
    (3) Take any marine mammal specified in Sec.  218.62(b) in any 
manner other than as specified in the LOA issued under Sec.  216.106 of 
this subchapter and Sec.  218.66;
    (4) Take a marine mammal specified in Sec.  218.62(b) after the 
National Marine Fisheries Service (NMFS) determines such taking results 
in more than a negligible impact on the species or stock of such marine 
mammal.
    (b) [Reserved]



Sec.  218.64  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  218.60(c), 
the mitigation measures contained in this subpart and any LOA issued 
under Sec.  216.106 of this subchapter and Sec.  218.66 must be 
implemented. These mitigation measures include, but are not limited to:
    (1) Operational measures. Operational mitigation is mitigation that 
the USAF must implement whenever and wherever an applicable training or 
testing activity takes place within the EGTTR for each mission-day 
category.
    (i) Pre-mission survey. (A) All missions must occur during daylight 
hours with the exception of gunnery training, mission-day category K, 
and other missions that can have nighttime monitoring capabilities 
comparable to the nighttime monitoring capabilities of gunnery aircraft.
    (B) USAF range-clearing vessels and marine mammal survey vessels 
must be onsite 90 minutes before mission to clear prescribed human 
safety zone and survey the mitigation zone for the given mission-day 
category.
    (C) For all live missions except gunnery missions, USAF Protected 
Species Observers (PSOs) must monitor the mitigation zones as defined in 
table 1 to paragraph (a)(1)(i)(C)(5) of this section for the given 
mission-day category for a minimum of 30 minutes or until the entirety 
of the mitigation zone has been surveyed, whichever takes longer.
    (1) The mitigation zone for live munitions must be defined by the 
mission-day category that most closely corresponds to the actual planned 
mission based on the predicted net explosive weight at impact (NEWi) to 
be released, as shown in table 1 to paragraph (a)(1)(i)(C)(5) of this 
section.
    (2) The mitigation zone for inert munitions must be defined by the 
energy class that most closely corresponds to the actual planned 
mission, as shown

[[Page 238]]

in table 2 to paragraph (a)(1)(i)(D) of this section.
    (3) The energy of the actual mission must be less than the energy of 
the identified mission-day category in terms of total NEWi as well as 
the largest single munition NEWi.
    (4) For any gunnery missions PSOs must at a minimum monitor out to 
the mitigation zone distances shown in table 3 to paragraph (a)(1)(i)(D) 
of this section that applies for the corresponding energy class.
    (5) Missions falling under mission-day categories A, B, C, and J, 
and all other missions when practicable must allot time to provide PSOs 
to vacate the human safety zone. While exiting, PSOs must observe the 
monitoring zone out to corresponding mission-day category as shown in 
table 1 to this paragraph (a)(1)(i)(C)(5).

   Table 1 to Paragraph (a)(1)(i)(C)(5)--Pre-Mission Mitigation and Monitoring Zones (in m) for Live Missions
                                                   Impact Area
----------------------------------------------------------------------------------------------------------------
          Mission-day category               Mitigation zone                  Monitoring zone \5\ \6\
----------------------------------------------------------------------------------------------------------------
A......................................                    1,130  TBD (to be determined).
B......................................                    1,170  TBD.
C......................................                    1,090  TBD.
D......................................                      950  TBD.
E......................................                      960  TBD.
F......................................                      710  TBD.
G......................................                \1\ 9,260  550.
H......................................                \2\ 9,260  450.
I......................................                      280  TBD.
J......................................                    1,360  TBD.
K......................................                      890  TBD.
L......................................                      780  TBD.
M......................................                      580  TBD.
N......................................                      500  TBD.
O......................................                      370  TBD.
P......................................                      410  TBD.
Q......................................                \3\ 9,260  500.
R......................................        \4\ 280 and 9,260  TBD.
S......................................                      860  TBD.
----------------------------------------------------------------------------------------------------------------
\1\ For G, double the Level A harassment threshold distance (permanent threshold shift (PTS)) is 0.548 km, but G
  is AC-130 gunnery mission with an inherent mitigation zone of 9.260 km/5 nmi.
\2\ For H, double the Level A harassment threshold distance (PTS) is 0.450 km, but H is AC-130 gunnery mission
  with an inherent mitigation zone of 9.260 km/5 nmi.
\3\ For Q, double the Level A harassment threshold distance (PTS) is 0.494 km, but Q is AC-130 gunnery mission
  with an inherent mitigation zone of 9.260 km/5nmi.
\4\ R has components of both gunnery and inert small diameter bomb. Double the Level A harassment threshold
  distance (PTS) is 0.278 km, however, for gunnery component the inherent mitigation zone would be 9.260 km.
\5\ The monitoring zone for non-gunnery missions is the area between the mitigation zone and the human safety
  zone and is not standardized, as the human safety zone is not standardized. The human safety zone is
  determined per each mission by the Test Wing Safety Office based on the munition and parameters of its release
  (to include altitude, pitch, heading, and airspeed).
\6\ Based on the operational altitudes of gunnery firing, and the only monitoring during mission coming from
  onboard the aircraft conducting the firing, the monitoring zone for gunnery missions will be a smaller area
  than the mitigation zone and be based on the field of view from the aircraft. These observable areas will at
  least be double the Level A harassment threshold distance (PTS) for the mission-day categories G, H, and Q
  (gunnery-only mission-day categories).

    (D) Missions involving air-to-surface gunnery operations must 
conduct aerial monitoring of the mitigation zones, as described in the 
table 3 to this paragraph (a)(1)(i)(D).

 Table 2 to Paragraph (a)(1)(i)(D)--Pre-Mission Mitigation and Monitoring Zones (in m) for Inert Missions Impact
                                                      Area
----------------------------------------------------------------------------------------------------------------
        Inert impact class  (lb
  trinitrotoluene-equivalent (TNTeq))        Mitigation zone                    Monitoring zone \1\
----------------------------------------------------------------------------------------------------------------
2.....................................  160......................  TBD.
1.....................................  126......................  TBD.
0.5...................................  100......................  TBD.
0.15..................................  68.......................  TBD.
----------------------------------------------------------------------------------------------------------------
\1\ The monitoring zone for non-gunnery missions is the area between the mitigation zone and the human safety
  zone and is not standardized, as the human safety zone (HSZ) is not standardized. The HSZ is determined per
  each mission by the Test Wing Safety Office based on the munition and parameters of its release (to include
  altitude, pitch, heading, and airspeed).


[[Page 239]]


     Table 3 to Paragraph (a)(1)(i)(D)--Aerial Monitoring Requirements for Air-to-Surface Gunnery Operations
----------------------------------------------------------------------------------------------------------------
                                                                              Monitoring          Operational
            Aircraft                 Gunnery round      Mitigation zone        altitude            altitude
----------------------------------------------------------------------------------------------------------------
AC-30 Gunship...................  30 mm; 105 mm (FU   5 nmi (9,260 m)...  6,000 ft (1,828 m)  15,000 ft (4,572
                                   and TR) \1\.                                                m) to 20,000 ft
                                                                                               (6,096 m).
CV-22 Osprey....................  .50 caliber.......  3 nmi (5,556 m)...  1,000 ft (3,280 m)  1,000 ft (3,280
                                                                                               m).
----------------------------------------------------------------------------------------------------------------
\1\ FU = Full Up; TR = Training Round.

    (ii) Mission postponement, relocation, or cancellation. (A) If 
marine mammals other than the two authorized dolphin species for which 
take is authorized are observed in either the mitigation zone or 
monitoring zone by PSOs, then mission activities must be cancelled for 
the remainder of the day.
    (B) The mission must be postponed, relocated, or cancelled if either 
of the two authorized dolphin species are visually detected in the 
mitigation zone during the pre-mission survey. Postponement must 
continue until the animals are confirmed to be outside of the mitigation 
zone and observed by a PSO to be heading away from the mitigation zone 
or until the animals are not seen again for 30 minutes.
    (C) The mission must be postponed if marine mammal indicators (i.e., 
large schools of fish or large flocks of birds) are observed feeding at 
the surface within the mitigation zone. Postponement must continue until 
these potential indicators are confirmed to be outside the mitigation 
zone.
    (D) If either of the two authorized dolphin species are observed in 
the monitoring zone by PSOs when observation vessels are exiting the 
human safety zone, and if PSOs determine the marine mammals are heading 
toward the mitigation zone, then missions must either be postponed, 
relocated, or cancelled based on mission-specific test and environmental 
parameters. Postponement must continue until the animals are confirmed 
by a PSO to be heading away from the mitigation zone or until the 
animals are not seen again for 30 minutes.
    (E) Aerial-based PSOs must look for potential indicators of marine 
mammal species presence, such as large schools of fish and large, active 
groups of birds.
    (F) If marine mammal or potential indicators are detected in the 
mitigation area during pre-mission surveys or during the mission by 
aerial-based or video-based PSOs, operations must be immediately halted 
until the mitigation zone is clear of all marine mammals, or the mission 
must be relocated to another target area.
    (iii) Vessel avoidance measures. Vessel operators must follow vessel 
strike avoidance measures.
    (A) When any marine mammal is sighted, vessels must attempt to 
maintain a distance of at least 150 ft (46 m) away from marine mammals 
and 300 ft (92 m) away from whales. Vessels must reduce speed and avoid 
abrupt changes in direction until the animal(s) has left the area.
    (B) If a whale is sighted in a vessel's path or within 300 feet (92 
m) from the vessel, the vessel speed must be reduced and the vessel's 
engine must be shifted to neutral. The engines must not be engaged until 
the animals are clear of the area.
    (C) If a whale is sighted farther than 300 feet (92 m) from the 
vessel, the vessel must maintain a distance of 300 feet greater between 
the whale and the vessel's speed must be reduced to 10 knots or less.
    (D) Vessels are required to stay 500 m away from the Rice's whale. 
If a baleen whale cannot be positively identified to species level then 
it must be assumed to be a Rice's whale and the 500 m separation 
distance must be maintained.
    (E) Vessels must avoid transit in the core distribution area (CDA), 
as specified in the LOA issued under Sec.  216.106 of this subchapter 
and Sec.  218.66, and within the 100--400 m isobath zone outside the 
CDA. If transit in these areas is unavoidable, vessels must not exceed 
10 knots and transit at night is prohibited.
    (F) An exception to any vessel strike avoidance measure is for 
instances required for human safety, such as when

[[Page 240]]

members of the public need to be intercepted to secure the human safety 
zone, or when the safety of a vessel operations crew could be 
compromised.
    (iv) Gunnery-specific mitigation. (A) If 105-mm rounds are used 
during nighttime gunnery missions they must be 105 mm training rounds. 
The USAF may only use 105-mm high-explosive (HE) rounds during daytime 
operations.
    (B) Within a mission, firing must start with use of the lowest 
caliber munition and proceed to increasingly larger rounds.
    (C) Any pause in live fire activities greater than 10 minutes must 
be followed by the re-initiation of pre-mission surveys.
    (2) Geographic mitigation measures--(i) Setbacks for Live Impact 
Areas (LIAs). Use of live munitions with surface or subsurface 
detonations is restricted in the western part of the existing LIA and 
East LIA such that activities may not occur seaward of the setbacks from 
the 100 m-isobath shown in table 4 to this paragraph (a)(2)(i).

  Table 4 to Paragraph (a)(2)(i)--Setback Distances To Prevent Permanent Threshold Shift Impacts to the Rice's
                                                      Whale
----------------------------------------------------------------------------------------------------------------
                                                                                                   Setback from
                  User group                          Mission-day category          NEWi  (lb)       100-meter
                                                                                                   isobath  (km)
----------------------------------------------------------------------------------------------------------------
53rd Weapons Evaluation Group (53 WEG).......  A                                         2,413.6           7.323
                                               B                                         2,029.9           6.659
                                               C                                         1,376.2           5.277
                                               D                                          836.22           3.557
                                               E                                           934.9           3.192
Air Force Special Operations Command (AFSOC).  F                                           584.6           3.169
                                               I                                            29.6           0.394
96th Operations Group (96 OG)................  J                                           946.8           5.188
                                               K                                             350           1.338
                                               L                                           627.1           3.315
                                               M                                           324.9           2.017
                                               N                                           238.1           1.815
                                               O                                           104.6           0.734
                                               P                                           130.8           0.787
                                               Q                                            94.4           0.667
                                               R                                            37.1           0.368
Naval School Explosive Ordnance Disposal       S                                             130           1.042
 (NAVSCOLEOD).
----------------------------------------------------------------------------------------------------------------

    (ii) Gunnery missions. All gunnery missions must be conducted at 
least 500 meters landward of the 100-m isobath.
    (iii) Live munition prohibitions. Use of live munitions with surface 
or subsurface detonations must be restricted to the LIA and East LIA and 
is prohibited from the area between the 100-m and 400-m isobaths.
    (iv) Inert munition restrictions. Use of inert munitions is 
prohibited between the 100-m and 400-m isobaths throughout the EGTTR.
    (v) Mission category K restrictions. (A) Munitions under mission-day 
category K must be fired into the EGTTR inside of the LIAs and outside 
of the area between 100-m to 400-m isobaths
    (B) Mission-day category K munitions must have a setback of 1.338 km 
from the 100-m isobath.
    (C) Mission-day category K munitions may be fired into portions of 
the EGTTR outside the LIAs but must be outside the area between the 100-
m and 400-m isobaths.
    (3) Environmental mitigation--(i) Sea state conditions. Missions 
must be postponed or rescheduled if conditions exceed Beaufort sea state 
4, which is defined as moderate breeze, breaking crests, numerous white 
caps, wind speed of 11 to 16 knots, and wave height of 3.3 to 6 feet.
    (ii) Daylight restrictions. All live missions except for nighttime 
gunnery and mission-day category K will occur no earlier than 2 hours 
after sunrise and no later than 2 hours before sunset.
    (b) [Reserved]

[[Page 241]]



Sec.  218.65  Requirements for monitoring and reporting.

    (a) PSO training. All personnel who conduct protected species 
monitoring must complete Eglin Air Force Base's (AFB) Marine Species 
Observer Training Course.
    (1) Any person who will serve as a PSO for a particular mission must 
have completed the training within a year prior to the mission.
    (2) For missions that require multiple survey platforms to cover a 
large area, a Lead Biologist must be designated to lead the monitoring 
and coordinate sighting information with the Test Director or Safety 
Officer.
    (b) Vessel-based monitoring. (1) Survey vessels must run 
predetermined line transects, or survey routes that will provide 
sufficient coverage of the survey area.
    (2) Monitoring must be conducted from the highest point feasible on 
the vessels.
    (3) There must be at least two PSOs on each survey vessel.
    (4) For missions that require multiple vessels to cover a large 
survey area, a Lead Biologist must be designated.
    (i) The Lead Biologist must coordinate all survey efforts.
    (ii) The Lead Biologist must compile sightings information from 
other vessels.
    (iii) The Lead Biologist must inform Tower Control if the mitigation 
and monitoring zones are clear or not clear of marine mammal species.
    (iv) If the area is not clear, the Lead Biologist must provide 
recommendations on whether the mission should be postponed or canceled.
    (v) Tower Control must relay the Lead Biologist's recommendation to 
the Safety Officer. The Safety Officer and Test Director must 
collaborate regarding range conditions based on the information 
provided.
    (vi) The Safety Officer must have the final authority on decisions 
regarding postponements and cancellations of missions.
    (c) Aerial-based monitoring. (1) All mission-day categories require 
aerial-based monitoring, assuming assets are available and when such 
monitoring does not interfere with testing and training parameters 
required by mission proponents.
    (2) Gunnery mission aircraft must also serve as aerial-based 
monitoring platforms.
    (3) Aerial survey teams must consist of Eglin Natural Resources 
Office personnel or their designees aboard a non-mission aircraft or the 
mission aircrew.
    (4) All aircraft personnel on non-mission and mission aircraft who 
are acting in the role of a PSO must have completed Eglin AFB's Marine 
Species Observer Training Course.
    (5) One trained PSO in the aircraft must record data and relay 
information on species sightings, including the species (if possible), 
location, direction of movement, and number of animals, to the Lead 
Biologist.
    (6) For gunnery missions, after arriving at the mission site and 
before initiating gun firing, the aircraft must fly at least two 
complete orbits around the target area out to the applicable monitoring 
zone at a minimum safe airspeed and appropriate monitoring altitude as 
shown in table 3 to Sec.  218.64(a)(1)(i)(D).
    (7) Aerial monitoring by aircraft must maintain a minimum ceiling of 
305 m (1,000 feet) and visibility of 5.6 km (3 nmi) for effective 
monitoring efforts and flight safety as shown in table 3 to Sec.  
218.64(a)(1)(i)(D).
    (8) Pre-mission aerial surveys conducted by gunnery aircrews in AC-
130s must extend out 5 nmi (9,260 m) from the target location while 
aerial surveys in CV-22 aircraft must extend out from the target 
location to a range of 3 nmi (5,556 m) as shown in table 3 to Sec.  
218.64(a)(1)(i)(D).
    (9) If the mission is relocated, the pre-mission survey procedures 
must be repeated in the new area.
    (10) If multiple gunnery missions are conducted during the same 
flight, marine species monitoring must be conducted separately for each 
mission.
    (11) During nighttime missions, night-vision goggles must be used.
    (12) During nighttime missions, low-light electro-optical and 
infrared sensor systems on board the aircraft must be used for marine 
mammal species monitoring.
    (13) Mission-day category K tests and any other missions that are 
conducted

[[Page 242]]

at nighttime must be supported by AC-130 aircraft with night-vision 
instrumentation or other platforms with comparable nighttime monitoring 
capabilities.
    (14) For Mission-day category K missions, the pre-mission survey 
area must extend out to, at a minimum, double the Level A harassment 
(PTS) threshold distance for delphinids (0.89 km). Mission-day category 
K is estimated to have a PTS threshold distance of 0.445 km as shown in 
table 1 to this paragraph (c)(14).

[[Page 243]]



                                 Table 1 to Paragraph (c)(14)--Bottlenose Dolphin Threshold Distances (in km) for Live Missions in the Existing Live Impact Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Mortality                           Level A harassment                                       Level B harassment
                                                               ---------------------------------------------------------------------------------------------------------------------------------
                                                                                  Slight lung   Gastrointestinal                PTS                  Temporary threshold shift      Behavioral
                                                                                    injury         (GI)  tract   --------------------------------              (TTS)             ---------------
                                                                   Positive    ----------------      injury                                      --------------------------------
                     Mission-day category                         impulse  B:      Positive    ------------------    Weighted
                                                                     248.4        impulse  B:                          sound
                                                                  Pa[middot]s        114.5         Peak sound        exposure      Peak SPL  230   Weighted SEL    Peak SPL  224   Weighted SEL
                                                                   AS: 197.1      Pa[middot]s    pressure level     level (SEL)         dB            170 dB            dB            165 dB
                                                                  Pa[middot]s      AS: 90.9       (SPL)  237 dB       185 dB
                                                                                  Pa[middot]s
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Bottlenose Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A.............................................................           0.139           0.276            0.194            0.562           0.389            5.59           0.706           9.538
B.............................................................           0.128           0.254            0.180            0.581           0.361           5.215           0.655           8.937
C.............................................................           0.100           0.199            0.144            0.543           0.289           4.459           0.524           7.568
D.............................................................           0.100           0.199            0.144            0.471           0.289           3.251           0.524           5.664
E.............................................................           0.068           0.136            0.103            0.479           0.207           3.272           0.377            5.88
F.............................................................           0.128           0.254            0.180            0.352           0.362           2.338           0.655           4.596
G.............................................................           0.027           0.054            0.048            0.274           0.093           1.095           0.165           2.488
H.............................................................           0.010           0.019            0.021            0.225           0.040           0.809           0.071           1.409
I.............................................................           0.025           0.049            0.045            0.136           0.087           0.536           0.154           0.918
J.............................................................           0.228           0.449            0.306            0.678           0.615           3.458           1.115           6.193
K.............................................................           0.158           0.313            0.222            0.258           0.445           1.263           0.808           2.663
L.............................................................           0.139           0.276            0.194            0.347           0.389            2.35           0.706           4.656
M.............................................................           0.068           0.136            0.103            0.286           0.207           1.446           0.377           3.508
N.............................................................           0.073           0.145            0.113             0.25           0.225           1.432           0.404           2.935
O.............................................................           0.046           0.092            0.078            0.185           0.155           0.795           0.278           1.878
P.............................................................           0.046           0.092            0.078            0.204           0.155           0.907           0.278           2.172
Q.............................................................           0.027           0.054            0.048            0.247           0.093           0.931           0.165           1.563
R.............................................................           0.012           0.024            0.026            0.139           0.052           0.537           0.093            0.91
S.............................................................           0.053           0.104            0.084            0.429           0.164           1.699           0.294           2.872
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 244]]

    (d) Video-based monitoring. (1) All mission-day categories require 
video-based monitoring when practicable except for gunnery missions.
    (2) A trained PSO (the video camera PSO) must monitor the live video 
feeds from the Gulf Range Armament Test Vessel (GRATV) transmitted to 
the Central Control Facility (CCF).
    (3) The video camera PSO must report any marine mammal species 
sightings to the Safety Officer, who will also be at the CCF.
    (4) The video camera PSO must have open lines of communication with 
the PSOs on vessels to facilitate real-time reporting of marine species 
sightings.
    (5) Direct radio communication must be maintained between vessels, 
GRATV personnel, and Tower Control throughout the mission.
    (6) If a marine mammal species is detected on the live video by a 
PSO prior to weapon release, the mission must be stopped immediately by 
the Safety Officer.
    (7) Supplemental video monitoring by additional aerial assets must 
be used when practicable (e.g. balloons, unmanned aerial vehicles).
    (e) Post-mission monitoring. (1) All marine mammal sightings must be 
documented on report forms that are submitted to the Eglin Natural 
Resources Office after the mission.
    (2) For gunnery missions, following each mission, aircrews must 
conduct a post-mission survey beginning at the operational altitude and 
continuing through an orbiting descent to the designated monitoring 
altitude. The post-mission survey area will be the area covered in 30 
minutes of observation in a direction down-current from the impact site 
or the actual pre-mission survey area, whichever is reached first.
    (3) During post-mission monitoring, PSOs must survey the mission 
site for any dead or injured marine mammals. The post-mission survey 
area will be the area covered in 30 minutes of observation in a 
direction down-current from the impact site or the actual pre-mission 
survey area, whichever is reached first.
    (f) Acoustic monitoring. (1) The USAF must conduct a single passive 
acoustic monitoring (PAM) study to investigate marine mammal 
vocalizations before, during, and after live missions that include 
underwater detonations in the EGTTR.
    (2) The USAF must further investigate ways to supplement its 
mitigation measures with the use of real-time PAM devices (i.e., 
sonobuoys or hydrophones).
    (3) These studies are contingent upon the availability of funding.
    (4) Both studies must be approved by NMFS.
    (g) Annual monitoring report. The USAF must submit an annual draft 
monitoring report to NMFS within 90 working days of the completion of 
each year's activities authorized by the LOA as well as a comprehensive 
summary report at the end of the project. The annual reports and final 
comprehensive report must be prepared and submitted within 30 days 
following resolution of any NMFS comments on the draft report. If no 
comments are received from NMFS within 30 days of receipt of the draft 
report, the report will be considered final. If comments are received, a 
final report addressing NMFS comments must be submitted within 30 days 
after receipt of comments. The annual reports must contain the 
informational elements described in paragraphs (g)(1) through (5) of 
this section, at a minimum. The comprehensive 7-year report must include 
a summary of the monitoring information collected over the 7-year period 
(including summary tables), along with a discussion of the 
practicability and effectiveness of the mitigation and monitoring and 
any other important observations or discoveries.
    (1) Dates and times (begin and end) of each EGTTR mission;
    (2) Complete description of mission activities;
    (3) Complete description of pre-and post-monitoring activities 
occurring during each mission;
    (4) Environmental conditions during monitoring periods including 
Beaufort sea state and any other relevant weather conditions such as 
cloud cover, fog, sun glare, and overall visibility to the horizon, and 
estimated observable distance; and
    (5) Upon observation of a marine mammal, the following information 
should be collected:

[[Page 245]]

    (i) Observer who sighted the animal and observer location and 
activity at time of sighting;
    (ii) Time of sighting;
    (iii) Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified), observer confidence in 
identification, and the composition of the group if there is a mix of 
species;
    (iv) Distances and bearings of each marine mammal observed in 
relation to the target site;
    (v) Estimated number of animals including the minimum number, 
maximum number, and best estimate);
    (vi) Estimated number of animals by cohort (e.g., adults, juveniles, 
neonates, group composition etc.);
    (vii) Estimated time that the animal(s) spent within each of the 
mitigation and monitoring zones;
    (viii) Description of any marine mammal observed marine mammal 
behaviors (such as feeding or traveling) or changes in behavioral 
patterns (e.g., changes in travel direction or speed, breaking off 
feeding, breaching), noting when they relate to know changes in 
activities;
    (ix) Detailed information about implementation of any mitigation 
(e.g., postponements, relocations and cancellations); and
    (x) All PSO datasheets and/or raw sightings data.
    (6) The final comprehensive report must include a summary of data 
collected as part of the annual reports.
    (h) Reporting dead or injured marine mammal. (1) In the event that 
personnel involved in the monitoring activities discover an injured or 
dead marine mammal, the USAF must report the incident to NMFS Office of 
Protected Resources (OPR), and to the NMFS Southeast Region Marine 
Mammal Stranding Network Coordinator, as soon as feasible. If the death 
or injury was likely caused by the USAF's activity, the USAF must 
immediately cease the specified activities until NMFS OPR is able to 
review the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of this subpart and the LOA issued under Sec.  216.106 of this 
subchapter and Sec.  218.66.
    (2) The USAF will not resume their activities until notified by 
NMFS. The report must include the following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.



Sec.  218.66  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the USAF must apply for and obtain an LOA in accordance 
with Sec.  216.106 of this subchapter.
    (b) An LOA, unless suspended or revoked, may be effective seven 
years from the date of issuance.
    (c) Except for changes made pursuant to the adaptive management 
provision of Sec.  218.67(b)(1), in the event of projected changes to 
the activity or to mitigation, monitoring, or reporting required by an 
LOA issued under this subpart, the USAF must apply for and obtain a 
modification of the LOA as described in Sec.  218.67.
    (d) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species or stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (e) Issuance of the LOA(s) must be based on a determination that the 
level of taking is consistent with the findings made for the total 
taking allowable under the regulations in this subpart.

[[Page 246]]

    (f) Notice of issuance or denial of the LOA(s) will be published in 
the Federal Register within 30 days of a determination.



Sec.  218.67  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec.  216.106 of this subchapter and Sec.  
218.66 for the activity identified in Sec.  218.60(c) may be modified 
upon request by the applicant, consistent with paragraph (b) of this 
section, provided that any requested changes to the activity or to the 
mitigation, monitoring, or reporting measures (excluding changes made 
pursuant to the adaptive management provision in paragraph (b)(1) of 
this section) do not change the underlying findings made for the 
regulations in this subpart and do not result in more than a minor 
change in the total estimated number of takes (or distribution by 
species or years).
    (b) An LOA issued under Sec.  216.106 of this subchapter and Sec.  
218.66 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the USAF regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from USAF's annual monitoring report and annual exercise 
report from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies;
    (C) Results from specific stranding investigations; or
    (D) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart 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 a new 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 of marine 
mammals specified in LOAs issued pursuant to Sec.  216.106 of this 
subchapter and Sec.  218.66, an LOA may be modified without prior public 
notice or opportunity for public comment. Notice will be published in 
the Federal Register within thirty days of the action.



Sec.  Sec.  218.68-218.69  [Reserved]



   Subpart H_Taking and Importing Marine Mammals; U.S. Navy's Hawaii-
             Southern California Training and Testing (HSTT)

    Source: 85 FR 41893, July 10, 2020,unless otherwise noted.

    Effective Date Note: At 85 FR 41893, July 10, 2020, subpart H was 
revised, effective from July 10, 2020, to Dec. 20, 2025.



Sec.  218.70  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
for the taking of marine mammals that occurs in the area described in 
paragraph (b) of this section and that occurs incidental to the 
activities listed in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy under this subpart may 
be authorized in Letters of Authorization (LOAs) only if it occurs 
within the Hawaii-Southern California Training and Testing (HSTT) Study 
Area, which includes established operating and warning areas across the 
north-central Pacific Ocean, from the mean high tide line in Southern 
California west to Hawaii and the International Date Line. The Study 
Area includes the at-sea areas of three existing range complexes, the 
Hawaii Range Complex (HRC), the Southern California Range Complex 
(SOCAL), and the Silver Strand Training Complex, and overlaps a portion 
of the Point Mugu Sea Range (PMSR). Also included in the Study Area are 
Navy pierside locations in Hawaii and Southern California, Pearl Harbor, 
San Diego Bay, and the transit

[[Page 247]]

corridor on the high seas where sonar training and testing may occur.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy conducting training and testing 
activities, including:
    (1) Training. (i) Amphibious warfare;
    (ii) Anti-submarine warfare;
    (iii) Electronic warfare;
    (iv) Expeditionary warfare;
    (v) Mine warfare;
    (vi) Surface warfare; and
    (vii) Pile driving.
    (2) Testing. (i) Naval Air Systems Command Testing Activities;
    (ii) Naval Sea Systems Command Testing Activities;
    (iii) Office of Naval Research Testing Activities; and
    (iv) Naval Information Warfare Systems Command.



Sec.  218.71  Effective dates.

    Regulations in this subpart are effective from July 10, 2020, 
through December 20, 2025.



Sec.  218.72  Permissible methods of taking.

    (a) Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter 
and 218.76, the Holder of the LOAs (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.70(b) by Level A harassment and Level B 
harassment associated with the use of active sonar and other acoustic 
sources and explosives as well as serious injury or mortality associated 
with vessel strikes and explosives, provided the activity is in 
compliance with all terms, conditions, and requirements of these 
regulations in this subpart and the applicable LOAs.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.70(c) is limited to the following species:

                                            Table 1 to Sec.   218.72
----------------------------------------------------------------------------------------------------------------
                 Species                                                   Stock
----------------------------------------------------------------------------------------------------------------
Blue whale...............................  Central North Pacific.
Blue whale...............................  Eastern North Pacific.
Bryde's whale............................  Eastern Tropical Pacific.
Bryde's whale............................  Hawaii.
Fin whale................................  CA/OR/WA.
Fin whale................................  Hawaiian.
Humpback whale...........................  CA/OR/WA.
Humpback whale...........................  Central North Pacific.
Minke whale..............................  CA/OR/WA.
Minke whale..............................  Hawaii.
Sei whale................................  Eastern North Pacific.
Sei whale................................  Hawaii.
Gray whale...............................  Eastern North Pacific.
Gray whale...............................  Western North Pacific.
Sperm whale..............................  CA/OR/WA.
Sperm whale..............................  Hawaii.
Dwarf sperm whale........................  Hawaii.
Pygmy sperm whale........................  Hawaii.
Kogia whales.............................  CA/OR/WA.
Baird's beaked whale.....................  CA/OR/WA.
Blainville's beaked whale................  Hawaii.
Cuvier's beaked whale....................  CA/OR/WA.
Cuvier's beaked whale....................  Hawaii.
Longman's beaked whale...................  Hawaii.
Mesoplodon spp...........................  CA/OR/WA.
Bottlenose dolphin.......................  California Coastal.
Bottlenose dolphin.......................  CA/OR/WA Offshore.
Bottlenose dolphin.......................  Hawaii Pelagic.
Bottlenose dolphin.......................  Kauai & Niihau.
Bottlenose dolphin.......................  Oahu.
Bottlenose dolphin.......................  4-Island.
Bottlenose dolphin.......................  Hawaii.
False killer whale.......................  Hawaii Pelagic.
False killer whale.......................  Main Hawaiian Islands Insular.
False killer whale.......................  Northwestern Hawaiian Islands.
Fraser's dolphin.........................  Hawaii.
Killer whale.............................  Eastern North Pacific (ENP) Offshore.

[[Page 248]]

 
Killer whale.............................  ENP Transient/West Coast Transient.
Killer whale.............................  Hawaii.
Long-beaked common dolphin...............  California.
Melon-headed whale.......................  Hawaiian Islands.
Melon-headed whale.......................  Kohala Resident.
Northern right whale dolphin.............  CA/OR/WA.
Pacific white-sided dolphin..............  CA/OR/WA.
Pantropical spotted dolphin..............  Hawaii Island.
Pantropical spotted dolphin..............  Hawaii Pelagic.
Pantropical spotted dolphin..............  Oahu.
Pantropical spotted dolphin..............  4-Island.
Pygmy killer whale.......................  Hawaii.
Pygmy killer whale.......................  Tropical.
Risso's dolphin..........................  CA/OR/WA.
Risso's dolphin..........................  Hawaii.
Rough-toothed dolphin....................  Hawaii.
Short-beaked common dolphin..............  CA/OR/WA.
Short-finned pilot whale.................  CA/OR/WA.
Short-finned pilot whale.................  Hawaii.
Spinner dolphin..........................  Hawaii Island.
Spinner dolphin..........................  Hawaii Pelagic.
Spinner dolphin..........................  Kauai & Niihau.
Spinner dolphin..........................  Oahu & 4-Island.
Striped dolphin..........................  CA/OR/WA.
Striped dolphin..........................  Hawaii.
Dall's porpoise..........................  CA/OR/WA.
California sea lion......................  U.S.
Guadalupe fur seal.......................  Mexico.
Northern fur seal........................  California.
Harbor seal..............................  California.
Hawaiian monk seal.......................  Hawaii.
Northern elephant seal...................  California.
----------------------------------------------------------------------------------------------------------------
Note to Table 1: CA/OR/WA = California/Oregon/Washington.



Sec.  218.73  Prohibitions.

    Notwithstanding incidental takings contemplated in Sec.  218.72(a) 
and authorized by LOAs issued under Sec. Sec.  216.106 of this chapter 
and 218.76, no person in connection with the activities listed in Sec.  
218.70(c) may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 218.76;
    (b) Take any marine mammal not specified in Sec.  218.72(b);
    (c) Take any marine mammal specified in Sec.  218.72(b) in any 
manner other than as specified in the LOAs; or
    (d) Take a marine mammal specified in Sec.  218.72(b) if NMFS 
determines such taking results in more than a negligible impact on the 
species or stocks of such marine mammal.



Sec.  218.74  Mitigation requirements.

    When conducting the activities identified in Sec.  218.70(c), the 
mitigation measures contained in any LOAs issued under Sec. Sec.  
216.106 of this chapter and 218.76 must be implemented. These mitigation 
measures include, but are not limited to:
    (a) Procedural mitigation. Procedural mitigation is mitigation that 
the Navy must implement whenever and wherever an applicable training or 
testing activity takes place within the HSTT Study Area for each 
applicable activity category or stressor category and includes acoustic 
stressors (i.e., active sonar, air guns, pile driving, weapons firing 
noise), explosive stressors (i.e., sonobuoys, torpedoes, medium-caliber 
and large-caliber projectiles, missiles and rockets, bombs, sinking 
exercises, mines, anti-swimmer grenades, and mat weave and obstacle 
loading), and physical disturbance and strike stressors (i.e., vessel 
movement; towed in-water devices; small-, medium-, and large-caliber 
non-explosive practice munitions; non-explosive missiles and rockets; 
and non-explosive bombs and mine shapes).

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    (1) Environmental awareness and education. Appropriate Navy 
personnel (including civilian personnel) involved in mitigation, 
monitoring, and training or testing activity reporting under the 
specified activities will complete one or more modules of the U.S. Navy 
Afloat Environmental Compliance Training Series, as identified in their 
career path training plan. Modules include: Introduction to the U.S. 
Navy Afloat Environmental Compliance Training Series, Marine Species 
Awareness Training; U.S. Navy Protective Measures Assessment Protocol; 
and U.S. Navy Sonar Positional Reporting System and Marine Mammal 
Incident Reporting.
    (2) Active sonar. Active sonar includes low-frequency active sonar, 
mid-frequency active sonar, and high-frequency active sonar. For vessel-
based activities, mitigation applies only to sources that are positively 
controlled and deployed from manned surface vessels (e.g., sonar sources 
towed from manned surface platforms). For aircraft-based activities, 
mitigation applies only to sources that are positively controlled and 
deployed from manned aircraft that do not operate at high altitudes 
(e.g., rotary-wing aircraft). Mitigation does not apply to active sonar 
sources deployed from unmanned aircraft or aircraft operating at high 
altitudes (e.g., maritime patrol aircraft).
    (i) Number of Lookouts and observation platform--(A) Hull-mounted 
sources. One Lookout for platforms with space or manning restrictions 
while underway (at the forward part of a small boat or ship) and 
platforms using active sonar while moored or at anchor (including 
pierside); and two Lookouts for platforms without space or manning 
restrictions while underway (at the forward part of the ship).
    (B) Sources that are not hull-mounted sources. One Lookout on the 
ship or aircraft conducting the activity.
    (ii) Mitigation zone and requirements. (A) During the activity, at 
1,000 yards (yd) Navy personnel must power down 6 decibels (dB), at 500 
yd Navy personnel must power down an additional 4 dB (for a total of 10 
dB), and at 200 yd Navy personnel must shut down for low-frequency 
active sonar =200 dB and hull-mounted mid-frequency active 
sonar; or at 200 yd Navy personnel must shut down for low-frequency 
active sonar <200 dB, mid-frequency active sonar sources that are not 
hull-mounted, and high-frequency active sonar.
    (B) Prior to the start of the activity (e.g., when maneuvering on 
station), Navy personnel must observe the mitigation zone for floating 
vegetation; if floating vegetation is observed, Navy personnel must 
relocate or delay the start of active sonar transmission until the 
mitigation zone is clear. Navy personnel must also observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of active sonar transmission.
    (C) During the activity for low-frequency active sonar at or above 
200 dB and hull-mounted mid-frequency active sonar, Navy personnel must 
observe the mitigation zone for marine mammals and power down active 
sonar transmission by 6 dB if marine mammals are observed within 1,000 
yd of the sonar source; power down by an additional 4 dB (for a total of 
10 dB total) if marine mammals are observed within 500 yd of the sonar 
source; and cease transmission if marine mammals are observed within 200 
yd of the sonar source.
    (D) During the activity for low-frequency active sonar below 200 dB, 
mid-frequency active sonar sources that are not hull mounted, and high-
frequency active sonar, Navy personnel must observe the mitigation zone 
for marine mammals and cease active sonar transmission if marine mammals 
are observed within 200 yd of the sonar source.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing or powering up active sonar transmission) until one of 
the following conditions has been met: The animal is observed exiting 
the mitigation zone; the animal is thought to have exited the mitigation 
zone based

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on a determination of its course, speed, and movement relative to the 
sonar source; the mitigation zone has been clear from any additional 
sightings for 10 minutes (min) for aircraft-deployed sonar sources or 30 
min for vessel-deployed sonar sources; for mobile activities, the active 
sonar source has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting; or for 
activities using hull-mounted sonar where a dolphin(s) is observed in 
the mitigation zone, the Lookout concludes that the dolphin(s) is 
deliberately closing in on the ship to ride the ship's bow wave, and is 
therefore out of the main transmission axis of the sonar (and there are 
no other marine mammal sightings within the mitigation zone).
    (3) Air guns--(i) Number of Lookouts and observation platform. One 
Lookout positioned on a ship or pierside.
    (ii) Mitigation zone and requirements. 150 yd around the air gun.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel must also observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of air gun use.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease air gun use.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing air gun use) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the air gun; the 
mitigation zone has been clear from any additional sightings for 30 min; 
or for mobile activities, the air gun has transited a distance equal to 
double that of the mitigation zone size beyond the location of the last 
sighting.
    (4) Pile driving. Pile driving and pile extraction sound during 
Elevated Causeway System training.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the shore, the elevated causeway, or a small boat.
    (ii) Mitigation zone and requirements. 100 yd around the pile 
driver.
    (A) Prior to the initial start of the activity (for 30 min), Navy 
personnel must observe the mitigation zone for floating vegetation; if 
floating vegetation is observed, Navy personnel must delay the start 
until the mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must delay the start of pile driving or vibratory pile 
extraction.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease impact pile driving or vibratory pile extraction.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. The Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing pile driving or pile extraction) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to the pile driving location; or the mitigation zone has been 
clear from any additional sightings for 30 min.
    (5) Weapons firing noise. Weapons firing noise associated with 
large-caliber gunnery activities.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the ship conducting the firing. Depending on the activity, 
the

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Lookout could be the same as the one provided for under ``Explosive 
medium-caliber and large-caliber projectiles'' or under ``Small-, 
medium-, and large-caliber non-explosive practice munitions'' in 
paragraphs (a)(8)(i) and (a)(18)(i) of this section.
    (ii) Mitigation zone and requirements. Thirty degrees on either side 
of the firing line out to 70 yd from the muzzle of the weapon being 
fired.
    (A) Prior to the start of the activity, Navy personnel must observe 
the mitigation zone for floating vegetation; if floating vegetation is 
observed, Navy personnel must relocate or delay the start of weapons 
firing until the mitigation zone is clear. Navy personnel must also 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must relocate or delay the start of weapons 
firing.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease weapons firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing weapons firing) until one of the following conditions 
has been met: The animal is observed exiting the mitigation zone; the 
animal is thought to have exited the mitigation zone based on a 
determination of its course, speed, and movement relative to the firing 
ship; the mitigation zone has been clear from any additional sightings 
for 30 min; or for mobile activities, the firing ship has transited a 
distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (6) Explosive sonobuoys--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft or on a small 
boat. If additional platforms are participating in the activity, Navy 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for applicable 
biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. 600 yd around an explosive 
sonobuoy.
    (A) Prior to the initial start of the activity (e.g., during 
deployment of a sonobuoy field, which typically lasts 20-30 min), Navy 
personnel must observe the mitigation zone for floating vegetation; if 
floating vegetation is observed, Navy personnel must relocate or delay 
the start of sonobuoy or source/receiver pair detonations until the 
mitigation zone is clear. Navy personnel must conduct passive acoustic 
monitoring for marine mammals and use information from detections to 
assist visual observations. Navy personnel also must visually observe 
the mitigation zone for marine mammals; if marine mammals are observed, 
Navy personnel must relocate or delay the start of sonobuoy or source/
receiver pair detonations.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease sonobuoy or source/receiver pair detonations.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the sonobuoy; or the 
mitigation zone has been clear from any additional sightings for 10 min 
when the activity involves aircraft that have fuel constraints (e.g., 
helicopter), or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of

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where detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (7) Explosive torpedoes--(i) Number of Lookouts and observation 
platform. One Lookout positioned in an aircraft. If additional platforms 
are participating in the activity, Navy personnel positioned in those 
assets (e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources while performing 
their regular duties.
    (ii) Mitigation zone and requirements. 2,100 yd around the intended 
impact location.
    (A) Prior to the initial start of the activity (e.g., during 
deployment of the target), Navy personnel must observe the mitigation 
zone for floating vegetation and jellyfish aggregations; if floating 
vegetation or jellyfish aggregations are observed, Navy personnel must 
relocate or delay the start of firing until the mitigation zone is 
clear. Navy personnel must conduct passive acoustic monitoring for 
marine mammals and use the information from detections to assist visual 
observations. Navy personnel also must visually observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must relocate or delay the start of firing.
    (B) During the activity, Navy personnel must observe for marine 
mammals and jellyfish aggregations; if marine mammals or jellyfish 
aggregations are observed, Navy personnel must cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (8) Explosive medium-caliber and large-caliber projectiles. Gunnery 
activities using explosive medium-caliber and large-caliber projectiles. 
Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
on the vessel or aircraft conducting the activity. For activities using 
explosive large-caliber projectiles, depending on the activity, the 
Lookout could be the same as the one described in ``Weapons firing 
noise'' in paragraph (a)(5)(i) of this section. If additional platforms 
are participating in the activity, Navy personnel positioned in those 
assets (e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources while performing 
their regular duties.
    (ii) Mitigation zone and requirements. (A) 200 yd around the 
intended impact location for air-to-surface activities using explosive 
medium-caliber projectiles.
    (B) 600 yd around the intended impact location for surface-to-
surface activities using explosive medium-caliber projectiles.
    (C) 1,000 yd around the intended impact location for surface-to-
surface activities using explosive large-caliber projectiles.

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    (D) Prior to the start of the activity (e.g., when maneuvering on 
station), Navy personnel must observe the mitigation zone for floating 
vegetation; if floating vegetation is observed, Navy personnel must 
relocate or delay the start of firing until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of firing.
    (E) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
firing.
    (F) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; the mitigation zone has been clear from any additional 
sightings for 10 min for aircraft-based firing or 30 min for vessel-
based firing; or for activities using mobile targets, the intended 
impact location has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (G) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (9) Explosive missiles and rockets. Aircraft-deployed explosive 
missiles and rockets. Mitigation applies to activities using a surface 
target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft. If additional platforms are participating in 
the activity, Navy personnel positioned in those assets (e.g., safety 
observers, evaluators) must support observing the mitigation zone for 
applicable biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) 900 yd around the 
intended impact location for missiles or rockets with 0.6-20 lb net 
explosive weight.
    (B) 2,000 yd around the intended impact location for missiles with 
21-500 lb net explosive weight.
    (C) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone), Navy personnel must observe the mitigation 
zone for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start of firing until the 
mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of firing.
    (D) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
firing.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (F) After completion of the activity (e.g., prior to maneuvering off 
station),

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Navy personnel must, when practical (e.g., when platforms are not 
constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets will assist in the visual 
observation of the area where detonations occurred.
    (10) Explosive bombs--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft conducting the 
activity. If additional platforms are participating in the activity, 
Navy personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for applicable 
biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. 2,500 yd around the intended 
target.
    (A) Prior to the initial start of the activity (e.g., when arriving 
on station), Navy personnel must observe the mitigation zone for 
floating vegetation; if floating vegetation is observed, Navy personnel 
must relocate or delay the start of bomb deployment until the mitigation 
zone is clear. Navy personnel also must observe the mitigation zone for 
marine mammals; if marine mammals are observed, Navy personnel must 
relocate or delay the start of bomb deployment.
    (B) During the activity (e.g., during target approach), Navy 
personnel must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must cease bomb deployment.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment) until one of the following conditions 
has been met: The animal is observed exiting the mitigation zone; the 
animal is thought to have exited the mitigation zone based on a 
determination of its course, speed, and movement relative to the 
intended target; the mitigation zone has been clear from any additional 
sightings for 10 min; or for activities using mobile targets, the 
intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (11) Sinking exercises--(i) Number of Lookouts and observation 
platform. Two Lookouts (one must be positioned in an aircraft and one 
must be positioned on a vessel). If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources while performing 
their regular duties.
    (ii) Mitigation zone and requirements. 2.5 nautical miles (nmi) 
around the target ship hulk.
    (A) Prior to the initial start of the activity (90 min prior to the 
first firing), Navy personnel must conduct aerial observations of the 
mitigation zone for floating vegetation and jellyfish aggregations; if 
floating vegetation or jellyfish aggregations are observed, Navy 
personnel must delay the start of firing until the mitigation zone is 
clear. Navy personnel also must conduct aerial observations of the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must delay the start of firing.
    (B) During the activity, Navy personnel must conduct passive 
acoustic monitoring for marine mammals and use the information from 
detections to

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assist visual observations. Navy personnel must visually observe the 
mitigation zone for marine mammals from the vessel; if marine mammals 
are observed, Navy personnel must cease firing. Immediately after any 
planned or unplanned breaks in weapons firing of longer than two hours, 
Navy personnel must observe the mitigation zone for marine mammals from 
the aircraft and vessel; if marine mammals are observed, Navy personnel 
must delay recommencement of firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the target ship hulk; or the 
mitigation zone has been clear from any additional sightings for 30 min.
    (D) After completion of the activity (for two hours after sinking 
the vessel or until sunset, whichever comes first), Navy personnel must 
observe for marine mammals in the vicinity of where detonations 
occurred; if any injured or dead marine mammals are observed, Navy 
personnel must follow established incident reporting procedures. If 
additional platforms are supporting this activity (e.g., providing range 
clearance), these Navy assets will assist in the visual observation of 
the area where detonations occurred.
    (12) Explosive mine countermeasure and neutralization activities--
(i) Number of Lookouts and observation platform. (A) One Lookout must be 
positioned on a vessel or in an aircraft when implementing the smaller 
mitigation zone.
    (B) Two Lookouts (one must be positioned in an aircraft and one must 
be on a small boat) when implementing the larger mitigation zone.
    (C) If additional platforms are participating in the activity, Navy 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for applicable 
biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) 600 yd around the 
detonation site for activities using 0.1-5 lb net explosive weight.
    (B) 2,100 yd around the detonation site for activities using 6-650 
lb net explosive weight (including high explosive target mines).
    (C) Prior to the initial start of the activity (e.g., when 
maneuvering on station; typically, 10 min when the activity involves 
aircraft that have fuel constraints, or 30 min when the activity 
involves aircraft that are not typically fuel constrained), Navy 
personnel must observe the mitigation zone for floating vegetation; if 
floating vegetation is observed, Navy personnel must relocate or delay 
the start of detonations until the mitigation zone is clear. Navy 
personnel also must observe the mitigation zone for marine mammals; if 
marine mammals are observed, Navy personnel must relocate or delay the 
start of detonations.
    (D) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals, concentrations of seabirds, and individual 
foraging seabirds; if marine mammals, concentrations of seabirds, or 
individual foraging seabirds are observed, Navy personnel must cease 
detonations.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity or a sighting of seabird 
concentrations or individual foraging seabirds during the activity. Navy 
personnel must allow a sighted animal to leave the mitigation zone prior 
to the initial start of the activity (by delaying the start) or during 
the activity (by not recommencing detonations) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to detonation site; or the mitigation zone has been clear from 
any additional sightings for 10 min when the activity involves aircraft 
that have fuel constraints, or 30 min when the activity

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involves aircraft that are not typically fuel constrained.
    (F) After completion of the activity (typically 10 min when the 
activity involves aircraft that have fuel constraints, or 30 min when 
the activity involves aircraft that are not typically fuel constrained), 
Navy personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (13) Explosive mine neutralization activities involving Navy 
divers--(i) Number of Lookouts and observation platform. (A) Two 
Lookouts (two small boats with one Lookout each, or one Lookout must be 
on a small boat and one must be in a rotary-wing aircraft) when 
implementing the smaller mitigation zone.
    (B) Four Lookouts (two small boats with two Lookouts each), and a 
pilot or member of an aircrew must serve as an additional Lookout if 
aircraft are used during the activity, when implementing the larger 
mitigation zone.
    (C) All divers placing the charges on mines will support the 
Lookouts while performing their regular duties and will report 
applicable sightings to their supporting small boat or Range Safety 
Officer.
    (D) If additional platforms are participating in the activity, Navy 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for applicable 
biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) 500 yd around the 
detonation site during activities under positive control using 0.1-20 lb 
net explosive weight.
    (B) 1,000 yd around the detonation site during all activities using 
time-delay fuses (0.1-29 lb net explosive weight) and during activities 
under positive control using 21-60 lb net explosive weight charges.
    (C) Prior to the initial start of the activity (e.g., when 
maneuvering on station for activities under positive control; 30 min for 
activities using time-delay firing devices), Navy personnel must observe 
the mitigation zone for floating vegetation; if floating vegetation is 
observed, Navy personnel must relocate or delay the start of detonations 
or fuse initiation until the mitigation zone is clear. Navy personnel 
also must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must relocate or delay the start of 
detonations or fuse initiation.
    (D) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals, concentrations of seabirds, and individual 
foraging seabirds (in the water and not on shore); if marine mammals, 
concentrations of seabirds, or individual foraging seabirds are 
observed, Navy personnel must cease detonations or fuse initiation. To 
the maximum extent practicable depending on mission requirements, 
safety, and environmental conditions, Navy personnel must position boats 
near the mid-point of the mitigation zone radius (but outside of the 
detonation plume and human safety zone), must position themselves on 
opposite sides of the detonation location (when two boats are used), and 
must travel in a circular pattern around the detonation location with 
one Lookout observing inward toward the detonation site and the other 
observing outward toward the perimeter of the mitigation zone. If used, 
Navy aircraft must travel in a circular pattern around the detonation 
location to the maximum extent practicable. Navy personnel must not set 
time-delay firing devices (0.1-29 lb. net explosive weight) to exceed 10 
min.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity or a sighting of seabird 
concentrations or individual foraging seabirds during the activity. Navy 
personnel must allow a sighted animal to leave the mitigation zone prior 
to the initial start of the activity (by delaying the start) or during 
the activity (by not recommencing detonations) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone

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based on a determination of its course, speed, and movement relative to 
the detonation site; or the mitigation zone has been clear from any 
additional sightings for 10 min during activities under positive control 
with aircraft that have fuel constraints, or 30 min during activities 
under positive control with aircraft that are not typically fuel 
constrained and during activities using time-delay firing devices.
    (F) After completion of an activity, the Navy must observe for 
marine mammals for 30 min. Navy personnel must observe for marine 
mammals in the vicinity of where detonations occurred; if any injured or 
dead marine mammals are observed, Navy personnel must follow established 
incident reporting procedures. If additional platforms are supporting 
this activity (e.g., providing range clearance), these Navy assets must 
assist in the visual observation of the area where detonations occurred.
    (14) Maritime security operations--anti-swimmer grenades--(i) Number 
of Lookouts and observation platform. One Lookout must be positioned on 
the small boat conducting the activity. If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources while performing 
their regular duties.
    (ii) Mitigation zone and requirements. 200 yd around the intended 
detonation location.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start of detonations until the 
mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of detonations.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease detonations.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the intended detonation 
location; the mitigation zone has been clear from any additional 
sightings for 30 min; or the intended detonation location has transited 
a distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets will assist in the visual 
observation of the area where detonations occurred.
    (15) Underwater demolition multiple charge--mat weave and obstacle 
loading exercises--(i) Number of Lookouts and observation platform. Two 
Lookouts (one must be positioned on a small boat and one must be 
positioned on shore from an elevated platform). If additional platforms 
are participating in the activity, Navy personnel positioned in those 
assets (e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources while performing 
their regular duties.
    (ii) Mitigation zone and requirements. 700 yd around the intended 
detonation location.
    (A) Prior to the initial start of the activity, or 30 min prior to 
the first detonation, the Lookout positioned on

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a small boat must observe the mitigation zone for floating vegetation 
and marine mammals; if floating vegetation or marine mammals are 
observed, Navy personnel must delay the start of detonations until the 
mitigation zone is clear. For 10 min prior to the first detonation, the 
Lookout positioned on shore must use binoculars to observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must delay the start of detonations.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease detonations.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the detonation location; 
or the mitigation zone has been clear from any additional sightings for 
10 min (as determined by the Navy shore observer).
    (D) After completion of the activity (for 30 min), the Lookout 
positioned on a small boat must observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), these Navy assets must 
assist in the visual observation of the area where detonations occurred.
    (16) Vessel movement. The mitigation will not be applied if: The 
vessel's safety is threatened; the vessel is restricted in its ability 
to maneuver (e.g., during launching and recovery of aircraft or landing 
craft, during towing activities, when mooring); the vessel is operated 
autonomously; or when impracticable based on mission requirements (e.g., 
during Amphibious Assault--Battalion Landing exercise).
    (i) Number of Lookouts and observation platform. One Lookout must be 
on the vessel that is underway.
    (ii) Mitigation zone and requirements. (A) 500 yd around whales.
    (B) 200 yd around all other marine mammals (except bow-riding 
dolphins and pinnipeds hauled out on man-made navigational structures, 
port structures, and vessels).
    (iii) During the activity. When underway Navy personnel must observe 
the mitigation zone for marine mammals; if marine mammals are observed, 
Navy personnel must maneuver to maintain distance.
    (iv) Incident reporting procedures. If a marine mammal vessel strike 
occurs, Navy personnel must follow the established incident reporting 
procedures.
    (17) Towed in-water devices. Mitigation applies to devices that are 
towed from a manned surface platform or manned aircraft. The mitigation 
will not be applied if the safety of the towing platform or in-water 
device is threatened.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on a manned towing platform.
    (ii) Mitigation zone and requirements. 250 yd around marine mammals.
    (iii) During the activity. During the activity (i.e., when towing an 
in-water device), Navy personnel must observe the mitigation zone for 
marine mammals; if marine mammals are observed, Navy personnel must 
maneuver to maintain distance.
    (18) Small-, medium-, and large-caliber non-explosive practice 
munitions. Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the platform conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described for 
``Weapons firing noise'' in paragraph (a)(5)(i) of this section.
    (ii) Mitigation zone and requirements. 200 yd around the intended 
impact location.
    (A) Prior to the start of the activity (e.g., when maneuvering on 
station),

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Navy personnel must observe the mitigation zone for floating vegetation; 
if floating vegetation is observed, Navy personnel must relocate or 
delay the start of firing until the mitigation zone is clear. Navy 
personnel also must observe the mitigation zone for marine mammals; if 
marine mammals are observed, Navy personnel must relocate or delay the 
start of firing.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; the mitigation zone has been clear from any additional 
sightings for 10 min for aircraft-based firing or 30 min for vessel-
based firing; or for activities using a mobile target, the intended 
impact location has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (19) Non-explosive missiles and rockets. Aircraft-deployed non-
explosive missiles and rockets. Mitigation applies to activities using a 
surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. 900 yd around the intended 
impact location.
    (A) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone), Navy personnel must observe the mitigation 
zone for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start of firing until the 
mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of firing.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (20) Non-explosive bombs and mine shapes. Non-explosive bombs and 
non-explosive mine shapes during mine laying activities.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. 1,000 yd around the intended 
target.
    (A) Prior to the initial start of the activity (e.g., when arriving 
on station), Navy personnel must observe the mitigation zone for 
floating vegetation; if floating vegetation is observed, Navy personnel 
must relocate or delay the start of bomb deployment or mine laying until 
the mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of bomb deployment or mine 
laying.
    (B) During the activity (e.g., during approach of the target or 
intended minefield location), Navy personnel must observe the mitigation 
zone for marine mammals and, if marine mammals are observed, Navy 
personnel

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must cease bomb deployment or mine laying.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment or mine laying) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to the intended target or minefield location; the mitigation 
zone has been clear from any additional sightings for 10 min; or for 
activities using mobile targets, the intended target has transited a 
distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (b) Mitigation areas. In addition to procedural mitigation, Navy 
personnel must implement mitigation measures within mitigation areas to 
avoid or reduce potential impacts on marine mammals.
    (1) Mitigation areas for marine mammals in the Hawaii Range Complex 
for sonar, explosives, and vessel strikes--(i) Mitigation area 
requirements--(A) Hawaii Island Mitigation Area (year-round)--(1) Except 
as provided in paragraph (b)(1)(i)(A)(2) of this section, Navy personnel 
must not conduct more than 300 hours of MF1 surface ship hull-mounted 
mid-frequency active sonar or 20 hours of MF4 dipping sonar annually, or 
use explosives that could potentially result in takes of marine mammals 
during training and testing.
    (2) Should national security require conduct of more than 300 hours 
of MF1 surface ship hull-mounted mid-frequency active sonar or 20 hours 
of MF4 dipping sonar, or use of explosives that could potentially result 
in the take of marine mammals during training or testing, Naval units 
must obtain permission from the appropriate designated Command authority 
prior to commencement of the activity. Navy personnel must provide NMFS 
with advance notification and include the information (e.g., sonar hours 
or explosives usage) in its annual activity reports submitted to NMFS.
    (B) 4-Islands Region Mitigation Area (November 15-April 15 for 
active sonar; year-round for explosives)--(1) Except as provided in 
paragraph (b)(1)(i)(B)(2) of this section, Navy personnel must not use 
MF1 surface ship hull-mounted mid-frequency active sonar or explosives 
that could potentially result in takes of marine mammals during training 
and testing.
    (2) Should national security require use of MF1 surface ship hull-
mounted mid-frequency active sonar or explosives that could potentially 
result in the take of marine mammals during training or testing, Naval 
units must obtain permission from the appropriate designated Command 
authority prior to commencement of the activity. Navy personnel must 
provide NMFS with advance notification and include the information 
(e.g., sonar hours or explosives usage) in its annual activity reports 
submitted to NMFS.
    (C) Humpback Whale Special Reporting Areas (December 15-April 15). 
Navy personnel must report the total hours of surface ship hull-mounted 
mid-frequency active sonar used in the special reporting areas in its 
annual training and testing activity reports submitted to NMFS.
    (D) Humpback Whale Awareness Notification Message Area (November-
April). (1) Navy personnel must issue a seasonal awareness notification 
message to alert ships and aircraft operating in the area to the 
possible presence of concentrations of large whales, including humpback 
whales.
    (2) To maintain safety of navigation and to avoid interactions with 
large whales during transits, Navy personnel must instruct vessels to 
remain vigilant to the presence of large whale species (including 
humpback whales).
    (3) Platforms must use the information from the awareness 
notification message to assist their visual observation of applicable 
mitigation zones during training and testing activities and to aid in 
the implementation of procedural mitigation.
    (ii) [Reserved]
    (2) Mitigation areas for marine mammals in the Southern California 
portion of

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the study area for sonar, explosives, and vessel strikes--(i) Mitigation 
area requirements--(A) San Diego Arc, San Nicolas Island, and Santa 
Monica/Long Beach Mitigation Areas (June 1-October 31). (1) Except as 
provided in paragraph (b)(2)(i)(A)(2) of this section, Navy personnel 
must not conduct more than a total of 200 hours of MF1 surface ship 
hull-mounted mid-frequency active sonar in the combined areas, excluding 
normal maintenance and systems checks, during training and testing.
    (2) Should national security require conduct of more than 200 hours 
of MF1 surface ship hull-mounted mid-frequency active sonar in the 
combined areas during training and testing (excluding normal maintenance 
and systems checks), Naval units must obtain permission from the 
appropriate designated Command authority prior to commencement of the 
activity. Navy personnel must provide NMFS with advance notification and 
include the information (e.g., sonar hours) in its annual activity 
reports submitted to NMFS.
    (3) Except as provided in paragraph (b)(2)(i)(A)(4) of this section, 
within the San Diego Arc Mitigation Area, Navy personnel must not use 
explosives that could potentially result in the take of marine mammals 
during large-caliber gunnery, torpedo, bombing, and missile (including 
2.75-inch rockets) activities during training and testing.
    (4) Should national security require use of explosives that could 
potentially result in the take of marine mammals during large-caliber 
gunnery, torpedo, bombing, and missile (including 2.75-inch rockets) 
activities during training or testing within the San Diego Arc 
Mitigation Area, Naval units must obtain permission from the appropriate 
designated Command authority prior to commencement of the activity. Navy 
personnel must provide NMFS with advance notification and include the 
information (e.g., explosives usage) in its annual activity reports 
submitted to NMFS.
    (5) Except as provided in paragraph (b)(2)(i)(A)(6) of this section, 
within the San Nicolas Island Mitigation Area, Navy personnel must not 
use explosives that could potentially result in the take of marine 
mammals during mine warfare, large-caliber gunnery, torpedo, bombing, 
and missile (including 2.75-inch rockets) activities during training.
    (6) Should national security require use of explosives that could 
potentially result in the take of marine mammals during mine warfare, 
large-caliber gunnery, torpedo, bombing, and missile (including 2.75-
inch rockets) activities during training in the San Nicolas Island 
Mitigation Area, Naval units must obtain permission from the appropriate 
designated Command authority prior to commencement of the activity. Navy 
personnel must provide NMFS with advance notification and include the 
information (e.g., explosives usage) in its annual activity reports 
submitted to NMFS.
    (7) Except as provided in paragraph (b)(2)(i)(A)(8) of this section, 
within the Santa Monica/Long Beach Mitigation Area, Navy personnel must 
not use explosives that could potentially result in the take of marine 
mammals during mine warfare, large-caliber gunnery, torpedo, bombing, 
and missile (including 2.75-inch rockets) activities during training and 
testing.
    (8) Should national security require use of explosives that could 
potentially result in the take of marine mammals during mine warfare, 
large-caliber gunnery, torpedo, bombing, and missile (including 2.75-
inch rockets) activities during training or testing in the Santa Monica/
Long Beach Mitigation Area, Naval units must obtain permission from the 
appropriate designated Command authority prior to commencement of the 
activity. Navy personnel must provide NMFS with advance notification and 
include the information (e.g., explosives usage) in its annual activity 
reports submitted to NMFS.
    (B) Santa Barbara Island Mitigation Area (year-round). (1) Except as 
provided in paragraph (b)(2)(i)(B)(2) of this section, Navy personnel 
must not use MF1 surface ship hull-mounted mid-frequency active sonar 
during training or testing, or explosives that could potentially result 
in the take of marine mammals during medium-caliber or large-caliber 
gunnery, torpedo, bombing, and missile (including 2.75-inch rockets) 
activities during training.

[[Page 262]]

    (2) Should national security require use of MF1 surface ship hull-
mounted mid-frequency active sonar during training or testing, or 
explosives that could potentially result in the take of marine mammals 
during medium-caliber or large-caliber gunnery, torpedo, bombing, and 
missile (including 2.75-inch rockets) activities during training, Naval 
units must obtain permission from the appropriate designated Command 
authority prior to commencement of the activity. Navy personnel must 
provide NMFS with advance notification and include the information 
(e.g., sonar hours or explosives usage) in its annual activity reports 
submitted to NMFS.
    (C) Blue Whale (June-October), Gray Whale (November-March), and Fin 
Whale (November-May) Awareness Notification Message Areas. (1) Navy 
personnel must issue a seasonal awareness notification message to alert 
ships and aircraft operating in the area to the possible presence of 
concentrations of large whales, including blue whales, gray whales, and 
fin whales.
    (2) To maintain safety of navigation and to avoid interactions with 
large whales during transits, Navy personnel must instruct vessels to 
remain vigilant to the presence of large whale species.
    (3) Platforms must use the information from the awareness 
notification messages to assist their visual observation of applicable 
mitigation zones during training and testing activities and to aid in 
the implementation of procedural mitigation.
    (ii) [Reserved]



Sec.  218.75  Requirements for monitoring and reporting.

    (a) Unauthorized take. Navy personnel must notify NMFS immediately 
(or as soon as operational security considerations allow) if the 
specified activity identified in Sec.  218.70 is thought to have 
resulted in the mortality or serious injury of any marine mammals, or in 
any Level A harassment or Level B harassment take of marine mammals not 
identified in this subpart.
    (b) Monitoring and reporting under the LOAs. The Navy must conduct 
all monitoring and reporting required under the LOAs, including abiding 
by the HSTT Study Area monitoring program. Details on program goals, 
objectives, project selection process, and current projects are 
available at www.navymarine speciesmonitoring.us.
    (c) Notification of injured, live stranded, or dead marine mammals. 
The Navy must consult the Notification and Reporting Plan, which sets 
out notification, reporting, and other requirements when dead, injured, 
or live stranded marine mammals are detected. The Notification and 
Reporting Plan is available at www.fisheries.noaa.gov/ national/ marine-
mammal-protection/ incidentaltake-authorizations -military-readiness 
activities.
    (d) Annual HSTT Study Area marine species monitoring report. The 
Navy must submit an annual report of the HSTT Study Area monitoring 
describing the implementation and results from the previous calendar 
year. Data collection methods must be standardized across range 
complexes and study areas to allow for comparison in different 
geographic locations. The report must be submitted to the Director, 
Office of Protected Resources, NMFS, either within three months after 
the end of the calendar year, or within three months after the 
conclusion of the monitoring year, to be determined by the Adaptive 
Management process. This report will describe progress of knowledge made 
with respect to intermediate scientific objectives within the HSTT Study 
Area associated with the Integrated Comprehensive Monitoring Program 
(ICMP). Similar study questions must be treated together so that 
progress on each topic can be summarized across all Navy ranges. The 
report need not include analyses and content that does not provide 
direct assessment of cumulative progress on the monitoring plan study 
questions. As an alternative, the Navy may submit a multi-Range Complex 
annual Monitoring Plan report to fulfill this requirement. Such a report 
will describe progress of knowledge made with respect to monitoring 
study questions across multiple Navy ranges associated with the ICMP. 
Similar study questions must be treated together so that progress on 
each topic can be summarized across multiple Navy ranges. The report 
need not include analyses and

[[Page 263]]

content that does not provide direct assessment of cumulative progress 
on the monitoring study question. This will continue to allow the Navy 
to provide a cohesive monitoring report covering multiple ranges (as per 
ICMP goals), rather than entirely separate reports for the HSTT, Gulf of 
Alaska, Mariana Islands, and Northwest Study Areas.
    (e) Annual HSTT Study Area training exercise report and testing 
activity report. Each year, the Navy must submit two preliminary reports 
(Quick Look Report) detailing the status of authorized sound sources 
within 21 days after the anniversary of the date of issuance of each LOA 
to the Director, Office of Protected Resources, NMFS. Each year, the 
Navy must submit detailed reports to the Director, Office of Protected 
Resources, NMFS, within 3 months after the one-year anniversary of the 
date of issuance of the LOA. The HSTT annual Training Exercise Report 
and Testing Activity Report can be consolidated with other exercise 
reports from other range complexes in the Pacific Ocean for a single 
Pacific Exercise Report, if desired. The annual reports must contain 
information on major training exercises (MTEs), Sinking Exercise 
(SINKEX) events, and a summary of all sound sources used, including 
within specific mitigation reporting areas as described in paragraph 
(e)(3) of this section. The analysis in the detailed reports must be 
based on the accumulation of data from the current year's report and 
data collected from previous reports. The detailed reports must contain 
information identified in paragraphs (e)(1) through (7) of this section.
    (1) MTEs. This section of the report must contain the following 
information for MTEs conducted in the HSTT Study Area.
    (i) Exercise Information for each MTE.
    (A) Exercise designator.
    (B) Date that exercise began and ended.
    (C) Location.
    (D) Number and types of active sonar sources used in the exercise.
    (E) Number and types of passive acoustic sources used in exercise.
    (F) Number and types of vessels, aircraft, and other platforms 
participating in exercise.
    (G) Total hours of all active sonar source operation.
    (H) Total hours of each active sonar source bin.
    (I) Wave height (high, low, and average) during exercise.
    (ii) Individual marine mammal sighting information for each sighting 
in each exercise where mitigation was implemented.
    (A) Date/Time/Location of sighting.
    (B) Species (if not possible, indication of whale/dolphin/pinniped).
    (C) Number of individuals.
    (D) Initial Detection Sensor (e.g., sonar, Lookout).
    (E) Indication of specific type of platform observation was made 
from (including, for example, what type of surface vessel or testing 
platform).
    (F) Length of time observers maintained visual contact with marine 
mammal.
    (G) Sea state.
    (H) Visibility.
    (I) Sound source in use at the time of sighting.
    (J) Indication of whether animal was less than 200 yd, 200 to 500 
yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd from 
sonar source.
    (K) Whether operation of sonar sensor was delayed, or sonar was 
powered or shut down, and how long the delay.
    (L) If source in use was hull-mounted, true bearing of animal from 
the vessel, true direction of vessel's travel, and estimation of 
animal's motion relative to vessel (opening, closing, parallel).
    (M) Lookouts must 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.) and if any calves were present.
    (iii) An evaluation (based on data gathered during all of the MTEs) 
of the effectiveness of mitigation measures designed to minimize the 
received level to which marine mammals may be exposed. This evaluation 
must identify the specific observations that support any conclusions the 
Navy reaches

[[Page 264]]

about the effectiveness of the mitigation.
    (2) SINKEXs. This section of the report must 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 Lookouts before, during, and after 
exercise.
    (D) Total number and types of explosive source bins 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, and other platforms, 
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 for each sighting where mitigation was implemented.
    (A) Date/Time/Location of sighting.
    (B) Species (if not possible, indicate whale, dolphin, or pinniped).
    (C) Number of individuals.
    (D) Initial detection sensor (e.g., sonar or Lookout).
    (E) Length of time observers maintained visual contact with marine 
mammal.
    (F) Sea state.
    (G) Visibility.
    (H) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after.
    (I) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated): Less than 200 yd, 200 to 500 yd, 500 to 
1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd.
    (J) Lookouts must 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 and if any 
calves were present.
    (K) The report must indicate whether explosive detonations were 
delayed, ceased, modified, or not modified due to marine mammal presence 
and for how long.
    (L) If observation occurred while explosives were detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (3) Summary of sources used. This section of the report must include 
the following information summarized from the authorized sound sources 
used in all training and testing events:
    (i) Total annual hours or quantity (per the LOA) of each bin of 
sonar or other acoustic sources (e.g., pile driving and air gun 
activities); and
    (ii) Total annual expended/detonated ordinance (missiles, bombs, 
sonobuoys, etc.) for each explosive bin.
    (4) Humpback Whale Special Reporting Area (December 15-April 15). 
The Navy must report the total hours of operation of surface ship hull-
mounted mid-frequency active sonar used in the special reporting area.
    (5) HSTT Study Area Mitigation Areas. The Navy must report any use 
that occurred as specifically described in these areas. Information 
included in the classified annual reports may be used to inform future 
adaptive management of activities within the HSTT Study Area.
    (6) Geographic information presentation. The reports must present an 
annual (and seasonal, where practical) depiction of training and testing 
bin usage (as well as pile driving activities) geographically across the 
HSTT Study Area.
    (7) Sonar exercise notification. The Navy must submit to NMFS 
(contact as specified in the LOA) an electronic report within fifteen 
calendar days after the completion of any MTE indicating:
    (i) Location of the exercise;
    (ii) Beginning and end dates of the exercise; and
    (iii) Type of exercise.
    (f) Seven-year close-out comprehensive training and testing activity 
report. This report must be included as part of the 2025 annual training 
and testing report. This report must provide the annual

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totals for each sound source bin with a comparison to the annual 
allowance and the seven-year total for each sound source bin with a 
comparison to the seven-year allowance. Additionally, if there were any 
changes to the sound source allowance, this report must include a 
discussion of why the change was made and include the analysis to 
support how the change did or did not affect the analysis in the 2018 
HSTT FEIS/OEIS and MMPA final rule. The draft report must be submitted 
within three months after the expiration of this subpart to the 
Director, Office of Protected Resources, NMFS. NMFS must submit comments 
on the draft close-out report, if any, within three months of receipt. 
The report will be considered final after the Navy has addressed NMFS' 
comments, or 3 months after the submittal of the draft if NMFS does not 
provide comments.



Sec.  218.76  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the Navy must apply for and obtain LOAs in accordance 
with Sec.  216.106 of this chapter.
    (b) LOAs, unless suspended or revoked, may be effective for a period 
of time not to exceed December 20, 2025.
    (c) If an LOA expires prior to December 20, 2025, the Navy may apply 
for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, or reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  218.77(c)(1)) required by an 
LOA issued under this subpart, the Navy must apply for and obtain a 
modification of the LOA as described in Sec.  218.77.
    (e) Each LOA must set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species or stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (f) Issuance of the LOA(s) must be based on a determination that the 
level of taking is consistent with the findings made for the total 
taking allowable under the regulations in this subpart.
    (g) Notice of issuance or denial of the LOA(s) must be published in 
the Federal Register within 30 days of a determination.



Sec.  218.77  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.76 for the activity identified in Sec.  218.70(c) may be renewed or 
modified upon request by the applicant, provided that:
    (1) The planned specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA(s) were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations or result in no more than a 
minor change in the total estimated number of takes (or distribution by 
species or stock or years), NMFS may publish a notice of planned LOA in 
the Federal Register, including the associated analysis of the change, 
and solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.76 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the Navy regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.

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    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart 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 planned 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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 218.76, 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.



Sec. Sec.  218.78-218.79  [Reserved]



  Subpart I_Taking and Importing Marine Mammals; U.S. Navy's Atlantic 
                    Fleet Training and Testing (AFTT)

    Source: 84 FR 70781, Dec. 23, 2019, unless otherwise noted.

    Effective Date Note: At 84 FR 70781, Dec. 23. 2019, subpart I was 
revised, effective Dec. 23, 2019, to Nov. 13, 2025



Sec.  218.80  Specified activity and 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 described in paragraph 
(b) of this section and that occurs incidental to the activities listed 
in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy under this subpart may 
be authorized in Letters of Authorization (LOAs) only if it occurs 
within the Atlantic Fleet Training and Testing (AFTT) Study Area, which 
includes areas of the western Atlantic Ocean along the East Coast of 
North America, portions of the Caribbean Sea, and the Gulf of Mexico. 
The AFTT Study Area begins at the mean high tide line along the U.S. 
East Coast and extends east to the 45-degree west longitude line, north 
to the 65-degree north latitude line, and south to approximately the 20-
degree north latitude line. The AFTT Study Area also includes Navy 
pierside locations, bays, harbors, and inland waterways, and civilian 
ports where training and testing occurs.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy conducting training and testing 
activities, including:
    (1) Training. (i) Amphibious warfare;
    (ii) Anti-submarine warfare;
    (iii) Electronic warfare;
    (iv) Expeditionary warfare;
    (v) Mine warfare;
    (vi) Surface warfare, and
    (vii) Pile driving.
    (2) Testing. (i) Naval Air Systems Command Testing Activities;
    (ii) Naval Sea System Command Testing Activities; and
    (iii) Office of Naval Research Testing Activities.



Sec.  218.81  Effective dates.

    Regulations in this subpart are effective from December 23, 2019 
through November 13, 2025.



Sec.  218.82  Permissible methods of taking.

    (a) Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter 
and 218.86, the Holder of the LOAs (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.80(b) by Level A harassment and Level B 
harassment associated with the use of active sonar and other acoustic 
sources and explosives as well as serious injury or mortality associated 
with ship shock trials and vessel strikes, provided the activity is in 
compliance with all terms, conditions, and requirements of this subpart 
and the applicable LOAs.
    (b) The incidental take of marine mammals by the activities listed 
in

[[Page 267]]

Sec.  218.80(c) is limited to the following species:

                        Table 1 to Sec.   218.82
------------------------------------------------------------------------
                Species                               Stock
------------------------------------------------------------------------
                   Suborder Mysticeti (baleen whales)
------------------------------------------------------------------------
Family Balaenidae (right whales):
    North Atlantic right whale.........  Western.
Family Balaenopteridae (roquals):
    Blue whale.........................  Western North Atlantic (Gulf of
                                          St. Lawrence).
    Bryde's whale......................  Northern Gulf of Mexico
                                         NSD.
    Minke whale........................  Canadian East Coast.
    Fin whale..........................  Western North Atlantic.
    Humpback whale.....................  Gulf of Maine.
    Sei whale..........................  Nova Scotia.
------------------------------------------------------------------------
                  Suborder Odontoceti (toothed whales)
------------------------------------------------------------------------
Family Physeteridae (sperm whale):
    Sperm whale........................  Gulf of Mexico Oceanic.
                                         North Atlantic.
Family Kogiidae (sperm whales):
    Dwarf sperm whale..................  Gulf of Mexico Oceanic.
                                         Western North Atlantic.
    Pygmy sperm whale..................  Northern Gulf of Mexico.
                                         Western North Atlantic.
Family Ziphiidae (beaked whales):
    Blainville's beaked whale..........  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Cuvier's beaked whale..............  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Gervais' beaked whale..............  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Northern bottlenose whale..........  Western North Atlantic.
    Sowersby's beaked whale............  Western North Atlantic.
    True's beaked whale................  Western North Atlantic.
Family Delphinidae (dolphins):
    Atlantic spotted dolphin...........  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Atlantic white-sided dolphin.......  Western North Atlantic.
    Bottlenose dolphin.................  Choctawhatchee Bay.
                                         Gulf of Mexico Eastern Coastal.
                                         Gulf of Mexico Northern
                                          Coastal.
                                         Gulf of Mexico Western Coastal.
                                         Indian River Lagoon Estuarine
                                          System.
                                         Jacksonville Estuarine System.
                                         Mississippi Sound, Lake Borgne,
                                          Bay Boudreau.
                                         Northern Gulf of Mexico
                                          Continental Shelf.
                                         Northern Gulf of Mexico
                                          Oceanic.
                                         Northern North Carolina
                                          Estuarine System.
                                         Southern North Carolina
                                          Estuarine System.
                                         Western North Atlantic Northern
                                          Florida Coastal.
                                         Western North Atlantic Central
                                          Florida Coastal.
                                         Western North Atlantic Northern
                                          Migratory Coastal.
                                         Western North Atlantic
                                          Offshore.
                                         Western North Atlantic South
                                          Carolina/Georgia Coastal.
                                         Western North Atlantic Southern
                                          Migratory Coastal.
    Clymene dolphin....................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    False killer whale.................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Fraser's dolphin...................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Killer whale.......................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Long-finned pilot whale............  Western North Atlantic.
    Melon-headed whale.................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Pantropical spotted dolphin........  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Pygmy killer whale.................  Northern Gulf of Mexico.
                                         Western North Atlantic.

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    Risso's dolphin....................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Rough-toothed dolphin..............  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Short-beaked common dolphin........  Western North Atlantic.
    Short-finned pilot whale...........  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Spinner dolphin....................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    Striped dolphin....................  Northern Gulf of Mexico.
                                         Western North Atlantic.
    White-beaked dolphin...............  Western North Atlantic.
Family Phocoenidae (porpoises):
    Harbor porpoise....................  Gulf of Maine/Bay of Fundy.
------------------------------------------------------------------------
                           Suborder Pinnipedia
------------------------------------------------------------------------
Family Phocidae (true seals):
    Gray seal..........................  Western North Atlantic.
    Harbor seal........................  Western North Atlantic.
    Harp seal..........................  Western North Atlantic.
    Hooded seal........................  Western North Atlantic.
------------------------------------------------------------------------



Sec.  218.83  Prohibitions.

    Notwithstanding incidental takings contemplated in Sec.  218.82(a) 
and authorized by LOAs issued under Sec. Sec.  216.106 of this chapter 
and 218.86, no person in connection with the activities listed in Sec.  
218.80(c) may:
    (a) Violate, or fail to comply with the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 218.86;
    (b) Take any marine mammal not specified in Sec.  218.82(b);
    (c) Take any marine mammal specified Sec.  218.82(b) in any manner 
other than as specified in the LOAs; or
    (d) Take a marine mammal specified Sec.  218.82(b) if the National 
Marine Fisheries Service (NMFS) determines such taking results in more 
than a negligible impact on the species or stocks of such marine mammal.



Sec.  218.84  Mitigation requirements.

    When conducting the activities identified in Sec.  218.80(c), the 
mitigation measures contained in any LOAs issued under Sec. Sec.  
216.106 of this chapter and 218.86 must be implemented. These mitigation 
measures include, but are not limited to:
    (a) Procedural mitigation. Procedural mitigation is mitigation that 
the Navy must implement whenever and wherever an applicable training or 
testing activity takes place within the AFTT Study Area for each 
applicable activity category or stressor category and includes acoustic 
stressors (i.e., active sonar, air guns, pile driving, weapons firing 
noise), explosive stressors (i.e., sonobuoys, torpedoes, medium-caliber 
and large-caliber projectiles, missiles and rockets, bombs, sinking 
exercises, mines, anti-swimmer grenades, line charge testing and ship 
shock trials), and physical disturbance and strike stressors (i.e., 
vessel movement; towed in-water devices; small-, medium-, and large-
caliber non-explosive practice munitions; non-explosive missiles and 
rockets; non-explosive bombs and mine shapes).
    (1) Environmental awareness and education. Appropriate personnel 
(including civilian personnel) involved in mitigation and training or 
testing activity reporting under the specified activities must complete 
one or more modules of the U.S. Navy Afloat Environmental Compliance 
Training Series, as identified in their career path training plan. 
Modules include: Introduction to the U.S. Navy Afloat Environmental 
Compliance Training Series, Marine Species Awareness Training, U.S. Navy 
Protective Measures Assessment Protocol, and U.S. Navy Sonar Positional 
Reporting System and Marine Mammal Incident Reporting.

[[Page 269]]

    (2) Active sonar. Active sonar includes low-frequency active sonar, 
mid-frequency active sonar, and high-frequency active sonar. For vessel-
based active sonar activities, mitigation applies only to sources that 
are positively controlled and deployed from manned surface vessels 
(e.g., sonar sources towed from manned surface platforms). For aircraft-
based active sonar activities, mitigation applies only to sources that 
are positively controlled and deployed from manned aircraft that do not 
operate at high altitudes (e.g., rotary-wing aircraft). Mitigation does 
not apply to active sonar sources deployed from unmanned aircraft or 
aircraft operating at high altitudes (e.g., maritime patrol aircraft).
    (i) Number of Lookouts and observation platform--(A) Hull-mounted 
sources. One Lookout for platforms with space or manning restrictions 
while underway (at the forward part of a small boat or ship) and 
platforms using active sonar while moored or at anchor (including 
pierside); two Lookouts for platforms without space or manning 
restrictions while underway (at the forward part of the ship); and four 
Lookouts for pierside sonar testing activities at Port Canaveral, 
Florida and Kings Bay, Georgia.
    (B) Sources that are not hull-mounted sources. One Lookout on the 
ship or aircraft conducting the activity.
    (ii) Mitigation zones and requirements. During the activity, at 
1,000 yard (yd) Navy personnel must power down 6 decibels (dB), at 500 
yd Navy personnel must power down an additional 4 dB (for a total of 10 
dB), and at 200 yd Navy personnel must shut down for low-frequency 
active sonar =200 dB and hull-mounted mid-frequency active 
sonar; or at 200 yd Navy personnel must shut down for low-frequency 
active sonar <200 dB, mid-frequency active sonar sources that are not 
hull-mounted, and high-frequency active sonar.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of active sonar transmission.
    (B) During low-frequency active sonar at or above 200 dB and hull-
mounted mid-frequency active sonar, Navy personnel must observe the 
mitigation zone for marine mammals and power down active sonar 
transmission by 6 dB if marine mammals are observed within 1,000 yd of 
the sonar source; power down by an additional 4 dB (10 dB total) if 
marine mammals are observed within 500 yd of the sonar source; and cease 
transmission if marine mammals are observed within 200 yd of the sonar 
source.
    (C) During low-frequency active sonar below 200 dB, mid-frequency 
active sonar sources that are not hull mounted, and high-frequency 
active sonar, Navy personnel must observe the mitigation zone for marine 
mammals and cease active sonar transmission if marine mammals are 
observed within 200 yd of the sonar source.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing or powering up active sonar transmission) until one of 
the following conditions has been met: The animal is observed exiting 
the mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to the sonar source; the mitigation zone has been clear from 
any additional sightings for 10 minutes (min) for aircraft-deployed 
sonar sources or 30 min for vessel-deployed sonar sources; for mobile 
activities, the active sonar source has transited a distance equal to 
double that of the mitigation zone size beyond the location of the last 
sighting; or for activities using hull-mounted sonar where a dolphin(s) 
is observed in the mitigation zone, the Lookout concludes that the 
dolphin(s) is deliberately closing in on the ship to ride

[[Page 270]]

the ship's bow wave, and is therefore out of the main transmission axis 
of the sonar (and there are no other marine mammal sightings within the 
mitigation zone).
    (3) Air guns--(i) Number of Lookouts and observation platform. One 
Lookout must be positioned on a ship or pierside.
    (ii) Mitigation zone and requirements. 150 yd around the air gun.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of air gun use.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease use of air guns.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing air gun use) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the air gun; the 
mitigation zone has been clear from any additional sightings for 30 min; 
or for mobile activities, the air gun has transited a distance equal to 
double that of the mitigation zone size beyond the location of the last 
sighting.
    (4) Pile driving. Pile driving and pile extraction sound during 
Elevated Causeway System training.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the shore, the elevated causeway, or a small boat.
    (ii) Mitigation zone and requirements. 100 yd around the pile 
driver.
    (A) Prior to the initial start of the activity (for 30 min), Navy 
personnel must observe the mitigation zone for floating vegetation; if 
floating vegetation is observed, Navy personnel must delay the start 
until the mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must delay the start of pile driving or vibratory pile 
extraction.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease impact pile driving or vibratory pile extraction.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing pile driving or pile extraction) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to the pile driving location; or the mitigation zone has been 
clear from any additional sightings for 30 min.
    (5) Weapons firing noise. Weapons firing noise associated with 
large-caliber gunnery activities.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the ship conducting the firing. Depending on the activity, 
the Lookout could be the same as the one provided for under explosive 
medium-caliber and large-caliber projectiles or under small-, medium-, 
and large-caliber non-explosive practice munitions in paragraphs 
(a)(8)(i) and (a)(19)(i) of this section.
    (ii) Mitigation zone and requirements. Thirty degrees on either side 
of the firing line out to 70 yd from the muzzle of the weapon being 
fired.
    (A) Prior to the initial start of the activity, Navy personnel must 
observe

[[Page 271]]

the mitigation zone for floating vegetation; if floating vegetation is 
observed, Navy personnel must relocate or delay the start until the 
mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of weapons firing.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease weapons firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing weapons firing) until one of the following conditions 
has been met: The animal is observed exiting the mitigation zone; the 
animal is thought to have exited the mitigation zone based on a 
determination of its course, speed, and movement relative to the firing 
ship; the mitigation zone has been clear from any additional sightings 
for 30 min; or for mobile activities, the firing ship has transited a 
distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (6) Explosive sonobuoys--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft or on small 
boat. If additional platforms are participating in the activity, 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. 600 yd around an explosive 
sonobuoy.
    (A) Prior to the initial start of the activity (e.g., during 
deployment of a sonobuoy field, which typically lasts 20-30 min), Navy 
personnel must observe the mitigation zone for floating vegetation; if 
floating vegetation is observed, Navy personnel must relocate or delay 
the start until the mitigation zone is clear. Navy personnel must 
conduct passive acoustic monitoring for marine mammals and use 
information from detections to assist visual observations. Navy 
personnel also must visually observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of sonobuoy or source/receiver pair detonations.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease sonobuoy or source/receiver pair detonations.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the sonobuoy; or the 
mitigation zone has been clear from any additional sightings for 10 min 
when the activity involves aircraft that have fuel constraints (e.g., 
helicopter), or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (7) Explosive torpedoes--(i) Number of Lookouts and observation 
platform. One Lookout positioned in an aircraft. If additional platforms 
are participating

[[Page 272]]

in the activity, Navy personnel positioned in those assets (e.g., safety 
observers, evaluators) must support observing the mitigation zone for 
marine mammals and other applicable biological resources while 
performing their regular duties.
    (ii) Mitigation zone and requirements. 2,100 yd around the intended 
impact location.
    (A) Prior to the initial start of the activity (e.g., during 
deployment of the target), Navy personnel must observe the mitigation 
zone for floating vegetation; if floating vegetation is observed, 
relocate or delay the start until the mitigation zone is clear. Navy 
personnel also must conduct passive acoustic monitoring for marine 
mammals and use the information from detections to assist visual 
observations. Navy personnel must visually observe the mitigation zone 
for marine mammals and jellyfish aggregations; if marine mammals or 
jellyfish aggregations are observed, Navy personnel must relocate or 
delay the start of firing.
    (B) During the activity, Navy personnel must observe for marine 
mammals and jellyfish aggregations; if marine mammals or jellyfish 
aggregations are observed, Navy personnel must cease firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (8) Explosive medium-caliber and large-caliber projectiles. Gunnery 
activities using explosive medium-caliber and large-caliber projectiles. 
Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
on the vessel or aircraft conducting the activity. For activities using 
explosive large-caliber projectiles, depending on the activity, the 
Lookout could be the same as the one described for weapons firing noise 
in paragraph (a)(5)(i) of this section. If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for marine mammals and other applicable biological 
resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) 200 yd around the 
intended impact location for air-to-surface activities using explosive 
medium-caliber projectiles.
    (B) 600 yd around the intended impact location for surface-to-
surface activities using explosive medium-caliber projectiles.
    (C) 1,000 yd around the intended impact location for surface-to-
surface activities using explosive large-caliber projectiles.
    (D) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of firing.

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    (E) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
firing.
    (F) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; the mitigation zone has been clear from any additional 
sightings for 10 min for aircraft-based firing or 30 min for vessel-
based firing; or for activities using mobile targets, the intended 
impact location has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (G) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (9) Explosive missiles and rockets. Aircraft-deployed explosive 
missiles and rockets. Mitigation applies to activities using a surface 
target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft. If additional platforms are participating in 
the activity, Navy personnel positioned in those assets (e.g., safety 
observers, evaluators) must support observing the mitigation zone for 
marine mammals and other applicable biological resources while 
performing their regular duties.
    (ii) Mitigation zone and requirements. (A) 900 yd around the 
intended impact location for missiles or rockets with 0.6-20 lb net 
explosive weight.
    (B) 2,000 yd around the intended impact location for missiles with 
21-500 lb net explosive weight.
    (C) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone), Navy personnel must observe the mitigation 
zone for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of firing.
    (D) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
firing.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (F) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing

[[Page 274]]

range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (10) Explosive bombs--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft conducting the 
activity. If additional platforms are participating in the activity, 
Navy personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. 2,500 yd around the intended 
target.
    (A) Prior to the initial start of the activity (e.g., when arriving 
on station), Navy personnel must observe the mitigation zone for 
floating vegetation; if floating vegetation is observed, Navy personnel 
must relocate or delay the start until the mitigation zone is clear. 
Navy personnel also must observe the mitigation zone for marine mammals; 
if marine mammals are observed, Navy personnel must relocate or delay 
the start of bomb deployment.
    (B) During the activity (e.g., during target approach), Navy 
personnel must observe for marine mammals; if marine mammals are 
observed, Navy personnel must cease bomb deployment.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment) until one of the following conditions 
has been met: The animal is observed exiting the mitigation zone; the 
animal is thought to have exited the mitigation zone based on a 
determination of its course, speed, and movement relative to the 
intended target; the mitigation zone has been clear from any additional 
sightings for 10 min; or for activities using mobile targets, the 
intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (11) Sinking exercises--(i) Number of Lookouts and observation 
platform. Two Lookouts (one must be positioned in an aircraft and one 
must be positioned on a vessel). If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for marine mammals and other applicable biological 
resources while performing their regular duties.
    (ii) Mitigation zone and requirements. 2.5 nautical miles (nmi) 
around the target ship hulk.
    (A) Prior to the initial start of the activity (90 min prior to the 
first firing), Navy personnel must conduct aerial observations of the 
mitigation zone for floating vegetation; if floating vegetation is 
observed Navy personnel must delay the start until the mitigation zone 
is clear. Navy personnel also must conduct aerial observations of the 
mitigation zone for marine mammals and jellyfish aggregations; if marine 
mammals or jellyfish aggregations are observed, Navy personnel must 
delay the start of firing.
    (B) During the activity, Navy personnel must conduct passive 
acoustic monitoring for marine mammals and use information from 
detections to assist visual observations. Navy personnel must visually 
observe the mitigation zone for marine mammals from the vessel; if 
marine mammals are observed, Navy personnel must cease firing. 
Immediately after any planned or unplanned breaks in weapons firing of 
longer than two hours, Navy personnel must observe the mitigation zone 
for marine mammals from the aircraft and

[[Page 275]]

vessel; if marine mammals are observed, Navy personnel must delay 
recommencement of firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the target ship hulk; or the 
mitigation zone has been clear from any additional sightings for 30 min.
    (D) After completion of the activity (for two hours after sinking 
the vessel or until sunset, whichever comes first), Navy personnel must 
observe for marine mammals in the vicinity of where detonations 
occurred; if any injured or dead marine mammals are observed, Navy 
personnel must follow established incident reporting procedures. If 
additional platforms are supporting this activity (e.g., providing range 
clearance), these Navy assets must assist in the visual observation of 
the area where detonations occurred.
    (12) Explosive mine countermeasure and neutralization activities--
(i) Number of Lookouts and observation platform. (A) One Lookout must be 
positioned on a vessel or in an aircraft when implementing the smaller 
mitigation zone defined at paragraph (a)(12)(ii)(A) of this section 
(using 0.1-5 lb net explosive weight charges).
    (B) Two Lookouts (one must be in an aircraft and one must be on a 
small boat) when implementing the larger mitigation zone defined at 
paragraph (a)(12)(ii)(B) of this section (using 6-650 lb net explosive 
weight charges).
    (C) If additional platforms are participating in the activity, Navy 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. (A) 600 yd around the 
detonation site for activities using 0.1-5 lb net explosive weight.
    (B) 2,100 yd around the detonation site for activities using 6-650 
lb net explosive weight (including high explosive target mines).
    (C) Prior to the initial start of the activity (e.g., when 
maneuvering on station; typically, 10 min when the activity involves 
aircraft that have fuel constraints, or 30 min when the activity 
involves aircraft that are not typically fuel constrained), Navy 
personnel must observe the mitigation zone for floating vegetation; if 
floating vegetation is observed, Navy personnel must relocate or delay 
the start until the mitigation zone is clear. Navy personnel also must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must relocate or delay the start of 
detonations.
    (D) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, the Navy must 
cease detonations.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to detonation site; or the 
mitigation zone has been clear from any additional sightings for 10 min 
when the activity involves aircraft that have fuel constraints, or 30 
min when the activity involves aircraft that are not typically fuel 
constrained.
    (F) After completion of the activity (typically 10 min when the 
activity involves aircraft that have fuel constraints, or 30 min when 
the activity involves aircraft that are not typically fuel constrained), 
Navy personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if

[[Page 276]]

any injured or dead marine mammals are observed, Navy personnel must 
follow established incident reporting procedures. If additional 
platforms are supporting this activity (e.g., providing range 
clearance), these Navy assets must assist in the visual observation of 
the area where detonations occurred.
    (13) Explosive mine neutralization activities involving navy 
divers--(i) Number of Lookouts and observation platform. (A) Two 
Lookouts must be positioned (two small boats with one Lookout each, or 
one Lookout must be on a small boat and one must be in a rotary-wing 
aircraft) when implementing the smaller mitigation zone defined at 
paragraph (a)(13)(ii)(A) of this section.
    (B) Four Lookouts must be positioned (two small boats with two 
Lookouts each), and a pilot or member of an aircrew must serve as an 
additional Lookout if aircraft are used during the activity, when 
implementing the larger mitigation zone defined at paragraph 
(a)(13)(ii)(B) of this section.
    (C) All divers placing the charges on mines must support the 
Lookouts while performing their regular duties and must report 
applicable sightings to their supporting small boat or Range Safety 
Officer.
    (D) If additional platforms are participating in the activity, Navy 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. (A) 500 yd around the 
detonation site during activities under positive control using 0.1-20 lb 
net explosive weight.
    (B) 1,000 yd around the detonation site during all activities using 
time-delay fuses (0.1-20 lb net explosive weight) and during activities 
under positive control using 21-60 lb net explosive weight charges.
    (C) Prior to the initial start of the activity (e.g., when 
maneuvering on station for activities under positive control; 30 min for 
activities using time-delay firing devices), Navy personnel must observe 
the mitigation zone for floating vegetation; if floating vegetation is 
observed, Navy personnel must relocate or delay the start until the 
mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of detonation or fuse 
initiation.
    (D) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
detonation or fuse initiation. To the maximum extent practicable 
depending on mission requirements, safety, and environmental conditions, 
boats must position themselves near the mid-point of the mitigation zone 
radius (but outside of the detonation plume and human safety zone), must 
position themselves on opposite sides of the detonation location (when 
two boats are used), and must travel in a circular pattern around the 
detonation location with one Lookout observing inward toward the 
detonation site and the other observing outward toward the perimeter of 
the mitigation zone. If used, aircraft must travel in a circular pattern 
around the detonation location to the maximum extent practicable. Navy 
personnel must not set time-delay firing devices (0.1-20 lb. net 
explosive weight) to exceed 10 min.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the detonation site; or 
the mitigation zone has been clear from any additional sightings for 10 
min during activities under positive control with aircraft that have 
fuel constraints, or 30 min during activities under positive control 
with aircraft that are not typically fuel constrained and during 
activities using time-delay firing devices.

[[Page 277]]

    (F) After completion of an activity (for 30 min), Navy personnel 
must observe for marine mammals in the vicinity of where any detonations 
have occurred; if any injured or dead marine mammals are observed, Navy 
personnel must follow established incident reporting procedures. If 
additional platforms are supporting this activity (e.g., providing range 
clearance), these Navy assets must assist in the visual observation of 
the area where detonations occurred.
    (14) Maritime security operations--anti-swimmer grenades--(i) Number 
of Lookouts and observation platform. One Lookout must be positioned on 
the small boat conducting the activity. If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for marine mammals and other applicable biological 
resources while performing their regular duties.
    (ii) Mitigation zone and requirements. 200 yd around the intended 
detonation location.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of detonation.
    (B) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
detonation.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the intended detonation 
location; the mitigation zone has been clear from any additional 
sightings for 30 min; or the intended detonation location has transited 
a distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (15) Line charge testing--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned on a vessel. If additional 
platforms are participating in the activity, Navy personnel positioned 
in those assets (e.g., safety observers, evaluators) must support 
observing the mitigation zone for marine mammals and other applicable 
biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. 900 yd around the intended 
detonation location.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation; if floating vegetation is observed, Navy 
personnel must delay the start until the mitigation zone is clear. Navy 
personnel also must observe the mitigation zone for marine mammals; if 
marine mammals are observed, Navy personnel must delay the start of 
detonations.
    (B) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
detonations.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted

[[Page 278]]

marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing detonations) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended detonation 
location; or the mitigation zone has been clear from any additional 
sightings for 30 min.
    (D) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), these Navy assets must assist in the visual 
observation of the area where detonations occurred.
    (16) Ship shock trials--(i) Number of Lookouts and observation 
platform. (A) A minimum of ten Lookouts or trained marine species 
observers (or a combination thereof) must be positioned either in an 
aircraft or on multiple vessels (i.e., a Marine Animal Response Team 
boat and the test ship).
    (1) If aircraft are used, Lookouts or trained marine species 
observers must be in an aircraft and on multiple vessels.
    (2) If aircraft are not used, a sufficient number of additional 
Lookouts or trained marine species observers must be used to provide 
vessel-based visual observation comparable to that achieved by aerial 
surveys.
    (B) If additional platforms are participating in the activity, Navy 
personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. 3.5 nmi around the ship hull.
    (A) The Navy must not conduct ship shock trials in the Jacksonville 
Operating Area during North Atlantic right whale calving season from 
November 15 through April 15.
    (B) The Navy must develop detailed ship shock trial monitoring and 
mitigation plans approximately one-year prior to an event and must 
continue to provide these to NMFS for review and approval.
    (C) Pre-activity planning must include selection of one primary and 
two secondary areas where marine mammal populations are expected to be 
the lowest during the event, with the primary and secondary locations 
located more than 2 nmi from the western boundary of the Gulf Stream for 
events in the Virginia Capes Range Complex or Jacksonville Range 
Complex.
    (D) If it is determined during pre-activity surveys that the primary 
area is environmentally unsuitable (e.g., observations of marine mammals 
or presence of concentrations of floating vegetation), the shock trial 
can be moved to a secondary site in accordance with the detailed 
mitigation and monitoring plan provided to NMFS.
    (E) Prior to the initial start of the activity at the shock trial 
location (in intervals of 5 hrs, 3 hrs, 40 min, and immediately before 
the detonation), Navy personnel must observe the mitigation zone for 
floating vegetation; if floating vegetation is observed, Navy personnel 
must delay the start until the mitigation zone is clear. Navy personnel 
also must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must delay triggering the 
detonation.
    (F) During the activity, Navy personnel must observe for marine 
mammals, large schools of fish, jellyfish aggregations, and flocks of 
seabirds; if marine mammals, large schools of fish, jellyfish 
aggregations, and flocks of seabirds are observed, Navy personnel must 
cease triggering the detonation. After completion of each detonation, 
Navy personnel must observe the mitigation zone for marine mammals; if 
any injured or dead marine mammals

[[Page 279]]

are observed, Navy personnel must follow established incident reporting 
procedures and halt any remaining detonations until Navy personnel can 
consult with NMFS and review or adapt the mitigation, if necessary.
    (G) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the ship hull; or the 
mitigation zone has been clear from any additional sightings for 30 min.
    (H) After completion of the activity (during the following two days 
at a minimum, and up to seven days at a maximum), Navy personnel must 
observe for marine mammals in the vicinity of where detonations 
occurred; if any injured or dead marine mammals are observed, Navy 
personnel must follow established incident reporting procedures. If 
additional platforms are supporting this activity (e.g., providing range 
clearance), these Navy assets must assist in the visual observation of 
the area where detonations occurred.
    (17) Vessel movement. The mitigation must not be applied if: The 
vessel's safety is threatened; the vessel is restricted in its ability 
to maneuver (e.g., during launching and recovery of aircraft or landing 
craft, during towing activities, when mooring, etc.); or the vessel is 
operated autonomously.
    (i) Number of Lookouts and observation platform. One Lookout must be 
on the vessel that is underway.
    (ii) Mitigation zone and requirements. (A) 500 yd around whales.
    (B) 200 yd around all other marine mammals (except bow-riding 
dolphins and pinnipeds hauled out on man-made navigational structures, 
port structures, and vessels).
    (C) During the activity, when underway, Navy personnel must observe 
the mitigation zone for marine mammals; if any marine mammals are 
observed, Navy personnel must maneuver to maintain distance.
    (D) Additionally, Navy personnel must broadcast awareness 
notification messages with North Atlantic right whale Dynamic Management 
Area information (e.g., location and dates) to applicable Navy assets 
operating in the vicinity of the Dynamic Management Area. The 
information will alert assets to the possible presence of a North 
Atlantic right whale to maintain safety of navigation and further reduce 
the potential for a vessel strike. Platforms must use the information to 
assist their visual observation of applicable mitigation zones during 
training and testing activities and to aid in the implementation of 
procedural mitigation, including but not limited to, mitigation for 
vessel movement. If a marine mammal vessel strike occurs, Navy personnel 
must follow the established incident reporting procedures.
    (18) Towed in-water devices. Mitigation applies to devices that are 
towed from a manned surface platform or manned aircraft. The mitigation 
will not be applied if the safety of the towing platform or in-water 
device is threatened.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on a manned towing platform.
    (ii) Mitigation zone and requirements. 250 yd around marine mammals. 
During the activity, when towing an in-water device, Navy personnel must 
observe for marine mammals; if marine mammals are observed, Navy 
personnel must maneuver to maintain distance.
    (19) Small-, medium-, and large-caliber non-explosive practice 
munitions. Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the platform conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described for weapons 
firing noise in paragraph (a)(5)(i) of this section.
    (ii) Mitigation zone and requirements. 200 yd around the intended 
impact location.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe

[[Page 280]]

the mitigation zone for floating vegetation; if floating vegetation is 
observed, Navy personnel must relocate or delay the start until the 
mitigation zone is clear. Navy personnel also must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must relocate or delay the start of firing.
    (B) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; the mitigation zone has been clear from any additional 
sightings for 10 min for aircraft-based firing or 30 min for vessel-
based firing; or for activities using a mobile target, the intended 
impact location has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (20) Non-explosive missiles and rockets. Aircraft-deployed non-
explosive missiles and rockets. Mitigation applies to activities using a 
surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. 900 yd around the intended 
impact location.
    (A) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone), Navy personnel must observe the mitigation 
zone for floating vegetation; if floating vegetation is observed, Navy 
personnel must relocate or delay the start until the mitigation zone is 
clear. Navy personnel also must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of firing.
    (B) During the activity, Navy personnel must observe for marine 
mammals; if marine mammals are observed, Navy personnel must cease 
firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (21) Non-explosive bombs and mine shapes. Non-explosive bombs and 
non-explosive mine shapes during mine laying activities.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. 1,000 yd around the intended 
target.
    (A) Prior to the initial start of the activity (e.g., when arriving 
on station), Navy personnel must observe the mitigation zone for 
floating vegetation; if floating vegetation is observed, Navy personnel 
must relocate or delay the start until the mitigation zone is clear. 
Navy personnel also must observe the mitigation zone for marine mammals; 
if marine mammals are observed, Navy personnel must relocate or delay 
the start of bomb deployment or mine laying.
    (B) During the activity (e.g., during approach of the target or 
intended minefield location), Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease bomb deployment or mine laying.
    (C) Commencement/recommencement conditions after a marine mammal

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sighting prior to or during the activity: Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment or mine laying) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to the intended target or minefield location; the mitigation 
zone has been clear from any additional sightings for 10 min; or for 
activities using mobile targets, the intended target has transited a 
distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (b) Mitigation areas. In addition to procedural mitigation, the Navy 
must implement mitigation measures within mitigation areas to avoid 
potential impacts on marine mammals.
    (1) Mitigation areas off the Northeastern United States for sonar, 
explosives, and physical disturbance and strikes--(i) Mitigation area 
requirements--(A) Northeast North Atlantic Right Whale Mitigation Area 
(year-round). (1) Navy personnel must report the total hours and counts 
of active sonar and in-water explosives used in the mitigation area 
(which includes North Atlantic right whale ESA-designated critical 
habitat) in its annual training and testing activity reports submitted 
to NMFS.
    (2) Navy personnel must minimize the use of low-frequency active 
sonar, mid-frequency active sonar, and high-frequency active sonar to 
the maximum extent practicable within the mitigation area.
    (3) Navy personnel must not use Improved Extended Echo Ranging 
sonobuoys in or within 3 nmi of the mitigation area or use explosive and 
non-explosive bombs, in-water detonations, and explosive torpedoes 
within the mitigation area.
    (4) For activities using non-explosive torpedoes within the 
mitigation area, Navy personnel must conduct activities during daylight 
hours in Beaufort sea state 3 or less. The Navy must use three Lookouts 
(one positioned on a vessel and two positioned in an aircraft during 
dedicated aerial surveys) to observe the vicinity of the activity. An 
additional Lookout must be positioned on the submarine, when surfaced. 
Immediately prior to the start of the activity, Navy personnel must 
observe for floating vegetation and marine mammals; if floating 
vegetation or marine mammals are observed, Navy personnel must not 
commence the activity until the vicinity is clear or the activity is 
relocated to an area where the vicinity is clear. During the activity, 
Navy personnel must observe for marine mammals; if observed, Navy 
personnel must cease the activity. To allow a sighted marine mammal to 
leave the area, Navy personnel must not recommence the activity until 
one of the following conditions has been met: The animal is observed 
exiting the vicinity of the activity; the animal is thought to have 
exited the vicinity of the activity based on a determination of its 
course, speed, and movement relative to the activity location; or the 
area has been clear from any additional sightings for 30 min. During 
transits and normal firing, ships must maintain a speed of no more than 
10 knots (kn). During submarine target firing, ships must maintain 
speeds of no more than 18 kn. During vessel target firing, vessel speeds 
may exceed 18 kn for brief periods of time (e.g., 10-15 min).
    (5) For all activities, before a vessel transits within the 
mitigation area, Navy personnel must conduct a web query or email 
inquiry to the National Oceanographic and Atmospheric Administration 
Northeast Fisheries Science Center's North Atlantic Right Whale Sighting 
Advisory System to obtain the latest North Atlantic right whale 
sightings information. Navy personnel on vessels must use the sightings 
information to reduce potential interactions with North Atlantic right 
whales during transits. Navy personnel on vessels must implement speed 
reductions within the mitigation area after observing a North Atlantic 
right whale, if transiting within 5 nmi of a sighting reported to the 
North Atlantic Right Whale Sighting Advisory System within the past 
week, and if

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transiting at night or during periods of reduced visibility.
    (B) Gulf of Maine Planning Awareness Mitigation Area (year-round). 
(1) Navy personnel must report the total hours and counts of active 
sonar and in-water explosives used in the mitigation area in its annual 
training and testing activity reports submitted to NMFS.
    (2) Navy personnel must not conduct greater than 200 hrs of hull-
mounted mid-frequency active sonar per year within the mitigation area.
    (3) Navy personnel must not conduct major training exercises 
(Composite Training Unit Exercises or Fleet Exercises/Sustainment 
Exercises) within the mitigation area. If the Navy needs to conduct a 
major training exercise within the mitigation area in support of 
training requirements driven by national security concerns, Navy 
personnel must confer with NMFS to verify that potential impacts are 
adequately addressed.
    (C) Northeast Planning Awareness Mitigation Areas (year-round). (1) 
Navy personnel will avoid planning major training exercises (Composite 
Training Unit Exercises or Fleet Exercises/Sustainment Exercises) within 
the mitigation area to the maximum extent practicable.
    (2) Navy personnel must not conduct more than four major training 
exercises per year (all or a portion of the exercise) within the 
mitigation area.
    (3) If the Navy needs to conduct additional major training exercises 
in the mitigation area in support of training requirements driven by 
national security concerns, Navy personnel must provide NMFS with 
advance notification and include the information in its annual training 
and testing activity reports submitted to NMFS.
    (ii) [Reserved]
    (2) Mitigation areas off the Mid-Atlantic and Southeastern United 
States for sonar, explosives, and physical disturbance and strikes--(i) 
Mitigation area requirements--(A) Southeast North Atlantic Right Whale 
Mitigation Area (November 15 through April 15). (1) Navy personnel must 
report the total hours and counts of active sonar and in-water 
explosives used in the mitigation area in its annual training and 
testing activity reports submitted to NMFS.
    (2) The Navy must not conduct: Low-frequency active sonar (except as 
noted in paragraph (b)(2)(i)(A)(3) of this section), mid-frequency 
active sonar (except as noted in paragraph (b)(2)(i)(A)(3) of this 
section), high-frequency active sonar, missile and rocket activities 
(explosive and non-explosive), small-, medium-, and large-caliber 
gunnery activities, Improved Extended Echo Ranging sonobuoy activities, 
explosive and non-explosive bombing activities, in-water detonations, 
and explosive torpedo activities within the mitigation area.
    (3) To the maximum extent practicable, Navy personnel must minimize 
the use of: Helicopter dipping sonar, low-frequency active sonar and 
hull-mounted mid-frequency active sonar used for navigation training, 
and low-frequency active sonar and hull-mounted mid-frequency active 
sonar used for object detection exercises within the mitigation area.
    (4) Before transiting or conducting training or testing activities 
within the mitigation area, Navy personnel must initiate communication 
with the Fleet Area Control and Surveillance Facility, Jacksonville to 
obtain Early Warning System North Atlantic right whale sightings data. 
The Fleet Area Control and Surveillance Facility, Jacksonville must 
advise Navy personnel on vessels of all reported whale sightings in the 
vicinity to help Navy personnel on vessels and aircraft reduce potential 
interactions with North Atlantic right whales. Commander Submarine Force 
U.S. Atlantic Fleet must coordinate any submarine activities that may 
require approval from the Fleet Area Control and Surveillance Facility, 
Jacksonville. Navy personnel on vessels must use the sightings 
information to reduce potential interactions with North Atlantic right 
whales during transits.
    (5) Navy personnel on vessels must implement speed reductions after 
they observe a North Atlantic right whale, if they are within 5 nmi of a 
sighting reported within the past 12 hrs, or when operating in the 
mitigation area at night or during periods of poor visibility.
    (6) To the maximum extent practicable, Navy personnel on vessels

[[Page 283]]

must minimize north-south transits in the mitigation area.
    (B) Southeast North Atlantic Right Whale Critical Habitat Special 
Reporting Area (November 15 through April 15). (1) Navy personnel must 
report the total hours and counts of active sonar and in-water 
explosives used in the Special Reporting Area (which includes southeast 
North Atlantic right whale ESA-designated critical habitat) in its 
annual training and testing activity reports submitted to NMFS.
    (2) [Reserved]
    (C) Jacksonville Operating Area (November 15 through April 15). (1) 
Navy units conducting training or testing activities in the Jacksonville 
Operating Area must initiate communication with the Fleet Area Control 
and Surveillance Facility, Jacksonville to obtain Early Warning System 
North Atlantic right whale sightings data. The Fleet Area Control and 
Surveillance Facility, Jacksonville must advise Navy personnel on 
vessels of all reported whale sightings in the vicinity to help Navy 
personnel on vessels and aircraft reduce potential interactions with 
North Atlantic right whales. Commander Submarine Force U.S. Atlantic 
Fleet must coordinate any submarine activities that may require approval 
from the Fleet Area Control and Surveillance Facility, Jacksonville. 
Navy personnel must use the reported sightings information as they plan 
specific details of events (e.g., timing, location, duration) to 
minimize potential interactions with North Atlantic right whales to the 
maximum extent practicable. Navy personnel must use the reported 
sightings information to assist visual observations of applicable 
mitigation zones and to aid in the implementation of procedural 
mitigation.
    (2) [Reserved]
    (D) Navy Cherry Point Range Complex Nearshore Mitigation Area (March 
through September). (1) Navy personnel must not conduct explosive mine 
neutralization activities involving Navy divers in the mitigation area.
    (2) To the maximum extent practicable, Navy personnel must not use 
explosive sonobuoys, explosive torpedoes, explosive medium-caliber and 
large-caliber projectiles, explosive missiles and rockets, explosive 
bombs, explosive mines during mine countermeasure and neutralization 
activities, and anti-swimmer grenades in the mitigation area.
    (E) Mid-Atlantic Planning Awareness Mitigation Areas (year-round). 
(1) Navy personnel will avoid planning major training exercises 
(Composite Training Unit Exercises or Fleet Exercises/Sustainment 
Exercises) to the maximum extent practicable.
    (2) Navy personnel must not conduct more than four major training 
exercises per year (all or a portion of the exercise) within the 
mitigation area.
    (3) If the Navy needs to conduct additional major training exercises 
in the mitigation area in support of training requirements driven by 
national security concerns, Navy personnel must provide NMFS with 
advance notification and include the information in its annual training 
and testing activity reports submitted to NMFS.
    (ii) [Reserved]
    (3) Mitigation areas in the Gulf of Mexico for sonar and 
explosives--(i) Mitigation area requirements--(A) Gulf of Mexico 
Planning Awareness Mitigation Areas (year-round). (1) Navy personnel 
must not conduct major training exercises within the mitigation area 
(all or a portion of the exercise).
    (2) If the Navy needs to conduct a major training exercise within 
the mitigation areas in support of training requirements driven by 
national security concerns, Navy personnel must confer with NMFS to 
verify that potential impacts are adequately addressed.
    (B) Bryde's Whale Mitigation Area (year-round). (1) Navy personnel 
must report the total hours and counts of active sonar and in-water 
explosives used in the mitigation area in its annual training and 
testing activity reports submitted to NMFS.
    (2) Navy personnel must not conduct greater than 200 hrs of hull-
mounted mid-frequency active sonar per year within the mitigation area.
    (3) Navy personnel must not use explosives (except during mine 
warfare activities) within the mitigation area.
    (ii) [Reserved]

[[Page 284]]



Sec.  218.85  Requirements for monitoring and reporting.

    (a) Unauthorized take. The Navy must notify NMFS immediately (or as 
soon as operational security considerations allow) if the specified 
activity identified in Sec.  218.80 is thought to have resulted in the 
mortality or serious injury of any marine mammals, or in any Level A or 
Level B harassment take of marine mammals not identified in this 
subpart.
    (b) Monitoring and reporting under the LOAs. The Navy must conduct 
all monitoring and required reporting under the LOAs, including abiding 
by the AFTT Study Area monitoring program. Details on program goals, 
objectives, project selection process, and current projects are 
available at www.navymarine speciesmonitoring.us.
    (c) Notification of injured, live stranded, or dead marine mammals. 
The Navy must consult the Notification and Reporting Plan, which sets 
out notification, reporting, and other requirements when dead, injured, 
or live stranded marine mammals are detected. The Notification and 
Reporting Plan is available at www.fisheries.noaa.gov/ national/ marine-
mammal-protection/ incidental-take-authorizations -military-readiness-
activities.
    (d) Annual AFTT Study Area marine species monitoring report. The 
Navy must submit an annual report of the AFTT Study Area monitoring 
describing the implementation and results from the previous calendar 
year. Data collection methods must be standardized across range 
complexes and study areas to allow for comparison in different 
geographic locations. The report must be submitted to the Director, 
Office of Protected Resources of NMFS either within 90 days after the 
calendar year, or within 90 days after the conclusion of the monitoring 
year to be determined by the Adaptive Management process. This report 
will describe progress of knowledge made with respect to monitoring plan 
study questions across all Navy ranges associated with the Integrated 
Comprehensive Monitoring Program. Similar study questions must be 
treated together so that progress on each topic can be summarized across 
all Navy ranges. The report need not include analyses and content that 
does not provide direct assessment of cumulative progress on the 
monitoring plan study questions.
    (e) Annual AFTT Study Area training and testing reports. Each year, 
the Navy must submit a preliminary report (Quick Look Report) detailing 
the status of authorized sound sources within 21 days after the 
anniversary of the date of issuance of each LOA to the Director, Office 
of Protected Resources, NMFS. Each year, the Navy must submit a detailed 
report within 3 months after the anniversary of the date of issuance of 
each LOA to the Director, Office of Protected Resources, NMFS. The 
annual reports must contain information on major training exercises 
(MTEs), sinking exercise (SINKEX) events, and a summary of all sound 
sources used, including within specified mitigation reporting areas, as 
described in paragraph (e)(3) of this section. The analysis in the 
detailed report must be based on the accumulation of data from the 
current year's report and data collected from the previous report. The 
detailed reports must contain information identified in paragraphs 
(e)(1) through (5) of this section.
    (1) Major training exercises (MTEs). This section of the report must 
contain the following information for MTEs conducted in the AFTT Study 
Area:
    (i) Exercise information (for each MTE):
    (A) Exercise designator;
    (B) Date that exercise began and ended;
    (C) Location;
    (D) Number and types of active sonar sources used in the exercise;
    (E) Number and types of passive acoustic sources used in exercise;
    (F) Number and types of vessels, aircraft, and other platforms 
participating in exercise;
    (G) Total hours of all active sonar source operation;
    (H) Total hours of each active sonar source bin; and
    (I) Wave height (high, low, and average) during exercise.
    (ii) Individual marine mammal sighting information for each sighting 
in each exercise where mitigation was implemented:
    (A) Date/time/location of sighting;

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    (B) Species (if not possible, indication of whale/dolphin/pinniped);
    (C) Number of individuals;
    (D) Initial detection sensor (e.g., sonar, Lookout);
    (E) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel or testing 
platform);
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Sea state;
    (H) Visibility;
    (I) Sound source in use at the time of sighting;
    (J) Indication of whether animal was less than 200 yd, 200 to 500 
yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd from 
sonar source;
    (K) Mitigation implementation (e.g. whether operation of sonar 
sensor was delayed, or sonar was powered or shut down, and how long the 
delay was);
    (L) If source in use was hull-mounted, true bearing of animal from 
the vessel, true direction of vessel's travel, and estimation of 
animal's motion relative to vessel (opening, closing, parallel); and
    (M) Lookouts must 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.) and if any calves were present.
    (iii) An evaluation (based on data gathered during all of the MTEs) 
of the effectiveness of mitigation measures designed to minimize the 
received level to which marine mammals may be exposed. This evaluation 
must identify the specific observations that support any conclusions the 
Navy reaches about the effectiveness of the mitigation.
    (2) Sinking exercises (SINKEXs). This section of the report must 
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 Lookouts before, during, and after 
exercise;
    (D) Total number and types of explosive source bins 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, and other platforms 
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 sighting information for each sighting 
where mitigation was implemented:
    (A) Date/time/location of sighting;
    (B) Species (if not possible, indicate whale, dolphin, or pinniped);
    (C) Number of individuals;
    (D) Initial detection sensor (e.g., sonar or Lookout);
    (E) Length of time observers maintained visual contact with marine 
mammal;
    (F) Sea state;
    (G) Visibility; and
    (H) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after.
    (I) Distance of marine mammal from actual detonations (e.g. less 
than 200 yd, 200 to 500 yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or 
greater than 2,000 yd, or target spot if not yet detonated).
    (J) Lookouts must 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 and if any 
calves were present.
    (K) Resulting mitigation implementation: The report must indicate 
whether explosive detonations were delayed, ceased, modified, or not 
modified due to marine mammal presence and for how long.
    (L) If observation occurred while explosives were detonating in the 
water, indicate munition type in use at time of marine mammal detection.

[[Page 286]]

    (3) Summary of sources used. This section must include the following 
information summarized from the authorized sound sources used in all 
training and testing events:
    (i) Total annual hours or quantity (per the LOA) of each bin of 
sonar or other acoustic sources (pile driving and air gun activities); 
and
    (ii) Total annual expended/detonated ordnance (missiles, bombs, 
sonobuoys, etc.) for each explosive bin.
    (4) Geographic information presentation. The reports must present an 
annual (and seasonal, where practical) depiction of training and testing 
bin usage (as well as pile driving activities) geographically across the 
AFTT Study Area.
    (5) Sonar exercise notification. The Navy must submit to NMFS 
(contact as specified in the LOA) an electronic report within fifteen 
calendar days after the completion of any MTE indicating:
    (i) Location of the exercise;
    (ii) Beginning and end dates of the exercise; and
    (iii) Type of exercise.
    (f) Seven-year close-out comprehensive training and testing report. 
This report must be included as part of the 2025 annual training and 
testing report. This report must provide the annual totals for each 
sound source bin with a comparison to the annual allowance and the 
seven-year total for each sound source bin with a comparison to the 
seven-year allowance. Additionally, if there were any changes to the 
sound source allowance, this report must include a discussion of why the 
change was made and include the analysis to support how the change did 
or did not result in a change in the EIS and final rule determinations. 
The draft report must be submitted within three months after the 
expiration of this subpart to the Director, Office of Protected 
Resources, NMFS. NMFS must submit comments on the draft close-out 
report, if any, within three months of receipt. The report will be 
considered final after the Navy has addressed NMFS' comments, or 3 
months after the submittal of the draft if NMFS does not provide 
comments.



Sec.  218.86  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the Navy must apply for and obtain Letters of 
Authorization (LOAs) in accordance with Sec.  216.106 of this chapter.
    (b) LOAs, unless suspended or revoked, may be effective for a period 
of time not to exceed the expiration date of the regulations in this 
subpart.
    (c) If an LOA expires prior to the expiration date of the 
regulations in this subpart, the Navy may apply for and obtain a renewal 
of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, or reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  218.87(c)(1) as required by 
an LOA issued under this subpart, the Navy must apply for and obtain a 
modification of the LOA as described in Sec.  218.87.
    (e) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Specified geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species or stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (f) Issuance of the LOA(s) will be based on a determination that the 
level of taking must be consistent with the findings made for the total 
taking allowable under the regulations in this subpart.
    (g) Notice of issuance or denial of the LOA(s) will be published in 
the Federal Register within 30 days of a determination.



Sec.  218.87  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this subchapter and 
218.86 may be renewed or modified upon request by the applicant, 
provided that:
    (1) The planned specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive

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management provision in paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA(s) under the regulations in this 
subpart were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations in this subpart or result 
in no more than a minor change in the total estimated number of takes 
(or distribution by species or stock or years), NMFS may publish a 
notice of planned LOA in the Federal Register, including the associated 
analysis of the change, and solicit public comment before issuing the 
LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this subchapter and 
218.86 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the Navy regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart 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 planned 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 in LOAs issued pursuant to Sec. Sec.  216.106 
of this chapter and 218.86, an LOA may be modified without prior notice 
or opportunity for public comment. Notice would be published in the 
Federal Register within thirty days of the action.



Sec. Sec.  218.88-218.89  [Reserved]



   Subpart J_Taking and Importing Marine Mammals; U.S. Navy's Mariana 
                   Islands Training and Testing (MITT)

    Source: 85 FR 46410, July 31, 2020, unless otherwise noted.

    Effective Date Note: At 85 FR 46410, July 31, 2020, subpart J was 
revised, effective from July 31, 2020, to July 30, 2027.



Sec.  218.90  Specified activity and 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 described in paragraph 
(b) of this section and that occurs incidental to the activities listed 
in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy under this subpart may 
be authorized in a Letter of Authorization (LOA) only if it occurs 
within the Mariana Islands Training and Testing (MITT) Study Area. The 
MITT Study Area is comprised of three components: The Mariana Islands 
Range Complex (MIRC), additional areas on the high seas, and a transit 
corridor between the MIRC and the Hawaii Range Complex (HRC). The MIRC 
includes the waters south of Guam to north of Pagan (Commonwealth of the 
Northern Mariana Islands (CNMI)), and from the Pacific Ocean east of the 
Mariana Islands to the Philippine Sea to the west, encompassing 501,873 
square nautical miles (nmi\2\) of open ocean. The additional areas of 
the high seas include the area to the north of the MIRC that is within 
the U.S. Exclusive Economic Zone (EEZ) of the CNMI and the areas to the 
west of the MIRC. The transit corridor is outside the geographic

[[Page 288]]

boundaries of the MIRC and represents a great circle route (i.e., the 
shortest distance) across the high seas for Navy ships transiting 
between the MIRC and the HRC. Additionally, the MITT Study Area includes 
pierside locations in the Apra Harbor Naval Complex.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy conducting training and testing 
activities, including:
    (1) Training. (i) Amphibious warfare;
    (ii) Anti-submarine warfare;
    (iii) Mine warfare;
    (iv)-(v) [Reserved];
    (vi) Surface warfare; and
    (vii) Other training activities.
    (2) Testing. (i) Naval Air Systems Command Testing Activities;
    (ii) Naval Sea Systems Command Testing Activities; and
    (iii) Office of Naval Research Testing Activities.



Sec.  218.91  Effective dates.

    Regulations in this subpart are effective from July 31, 2020, to 
July 30, 2027.



Sec.  218.92  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec. Sec.  216.106 of this 
section and 218.96, the Holder of the LOA (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.90(b) by Level A harassment and Level B 
harassment associated with the use of active sonar and other acoustic 
sources and explosives, provided the activity is in compliance with all 
terms, conditions, and requirements of the regulations in this subpart 
and the applicable LOA.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.90(c) is limited to the species listed in Table 1 of this 
section.

                       Table 1 to Sec.   218.92(b)
------------------------------------------------------------------------
                  Species                          Scientific name
------------------------------------------------------------------------
Blue whale................................  Balaenoptera musculus.
Bryde's whale.............................  Balaenoptera edeni.
Fin whale.................................  Balaenoptera physalus.
Humpback whale............................  Megaptera novaeangliae.
Minke whale...............................  Balaenoptera acutorostrata.
Omura's whale.............................  Balaenoptera omurai.
Sei whale.................................  Balaenoptera borealis.
Blainville's beaked whale.................  Mesoplodon densirostris.
Common bottlenose dolphin.................  Tursiops truncatus.
Cuvier's beaked whale.....................  Ziphius cavirostris.
Dwarf sperm whale.........................  Kogia sima.
False killer whale........................  Pseudorca crassidens.
Fraser's dolphin..........................  Lagenodelphis hosei.
Ginkgo-toothed beaked whale...............  Mesoplodon ginkgodens.
Killer whale..............................  Orcinus orca.
Longman's beaked whale....................  Indopacetus pacificus.
Melon-headed whale........................  Peponocephala electra.
Pantropical spotted dolphin...............  Stenella attenuata.
Pygmy killer whale........................  Feresa attenuata.
Pygmy sperm whale.........................  Kogia breviceps.
Risso's dolphin...........................  Grampus griseus.
Rough-toothed dolphin.....................  Steno bredanensis.
Short-finned pilot whale..................  Globicephala macrorhynchus.
Sperm whale...............................  Physeter macrocephalus.
Spinner dolphin...........................  Stenella longirostris.
Striped dolphin...........................  Stenella coeruleoalba.
------------------------------------------------------------------------



Sec.  218.93  Prohibitions.

    Notwithstanding incidental takings contemplated in Sec.  218.92(a) 
and authorized by an LOA issued under Sec. Sec.  216.106 of this section 
and 218.96, no person in connection with the activities listed in Sec.  
218.90(c) may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this section and 218.96;
    (b) Take any marine mammal not specified in Sec.  218.92(b);
    (c) Take any marine mammal specified in Sec.  218.92(b) in any 
manner other than as specified in the LOA issued under Sec. Sec.  
216.106 of this chapter and 218.96; or
    (d) Take a marine mammal specified in Sec.  218.92(b) if NMFS 
determines such taking results in more than a negligible impact on the 
species of such marine mammal.



Sec.  218.94  Mitigation requirements.

    When conducting the activities identified in Sec.  218.90(c), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this section and 218.96 must be implemented. These mitigation 
measures include, but are not limited to:
    (a) Procedural mitigation. Procedural mitigation is mitigation that 
the Navy must implement whenever and wherever an applicable training or 
testing activity takes place within the MITT Study Area for each 
applicable activity

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category or stressor category and includes acoustic stressors (i.e., 
active sonar and other transducers, weapons firing noise), explosive 
stressors (i.e., sonobuoys, torpedoes, medium-caliber and large-caliber 
projectiles, missiles and rockets, bombs, sinking exercises, mines, 
anti-swimmer grenades), and physical disturbance and strike stressors 
(i.e., vessel movement; towed in-water devices; small-, medium-, and 
large-caliber non-explosive practice munitions; non-explosive missiles 
and rockets; and non-explosive bombs and mine shapes).
    (1) Environmental awareness and education. Appropriate Navy 
personnel (including civilian personnel) involved in mitigation and 
training or testing reporting under the specified activities will 
complete one or more modules of the U.S. Navy Afloat Environmental 
Compliance Training Series, as identified in their career path training 
plan. Modules include: Introduction to the U.S. Navy Afloat 
Environmental Compliance Training Series, Marine Species Awareness 
Training; U.S. Navy Protective Measures Assessment Protocol; and U.S. 
Navy Sonar Positional Reporting System and Marine Mammal Incident 
Reporting.
    (2) Active sonar. Active sonar includes low-frequency active sonar, 
mid-frequency active sonar, and high-frequency active sonar. For vessel-
based activities, mitigation applies only to sources that are positively 
controlled and deployed from manned surface vessels (e.g., sonar sources 
towed from manned surface platforms). For aircraft-based activities, 
mitigation applies only to sources that are positively controlled and 
deployed from manned aircraft that do not operate at high altitudes 
(e.g., rotary-wing aircraft). Mitigation does not apply to active sonar 
sources deployed from unmanned aircraft or aircraft operating at high 
altitudes (e.g., maritime patrol aircraft).
    (i) Number of Lookouts and observation platform--(A) Hull-mounted 
sources. One Lookout must be positioned for platforms with space or 
manning restrictions while underway (at the forward part of a small boat 
or ship) and platforms using active sonar while moored or at anchor 
(including pierside); and two Lookouts must be positioned for platforms 
without space or manning restrictions while underway (at the forward 
part of the ship).
    (B) Sources that are not hull-mounted sources. One Lookout must be 
positioned on the ship or aircraft conducting the activity.
    (ii) Mitigation zone and requirements. The mitigation zones must be 
the zones as described in paragraphs (a)(2)(ii)(B) and (C) of this 
section.
    (A) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for marine mammals; if marine mammals are observed, Navy personnel must 
relocate or delay the start of active sonar transmission.
    (B) During the activity for low-frequency active sonar at or above 
200 dB and hull-mounted mid-frequency active sonar, Navy personnel must 
observe the mitigation zone for marine mammals and power down active 
sonar transmission by 6 dB if marine mammals are observed within 1,000 
yd of the sonar source; power down by an additional 4 dB (for a total of 
10 dB) if marine mammals are observed within 500 yd of the sonar source; 
and cease transmission if marine mammals are observed within 200 yd of 
the sonar source.
    (C) During the activity for low-frequency active sonar below 200 dB, 
mid-frequency active sonar sources that are not hull mounted, and high-
frequency active sonar, Navy personnel must observe the mitigation zone 
for marine mammals and cease active sonar transmission if marine mammals 
are observed within 200 yd of the sonar source.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing or powering up active sonar transmission) until one of 
the following conditions has been met: The animal is observed exiting 
the mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed,

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and movement relative to the sonar source; the mitigation zone has been 
clear from any additional sightings for 10 minutes (min) for aircraft-
deployed sonar sources or 30 min for vessel-deployed sonar sources; for 
mobile activities, the active sonar source has transited a distance 
equal to double that of the mitigation zone size beyond the location of 
the last sighting; or for activities using hull-mounted sonar where a 
dolphin(s) is observed in the mitigation zone, the Lookout concludes 
that the dolphin(s) is deliberately closing in on the ship to ride the 
ship's bow wave, and is therefore out of the main transmission axis of 
the sonar (and there are no other marine mammal sightings within the 
mitigation zone).
    (3) Weapons firing noise. Weapons firing noise associated with 
large-caliber gunnery activities.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the ship conducting the firing. Depending on the activity, 
the Lookout could be the same as the one provided for under ``Explosive 
medium-caliber and large-caliber projectiles'' or under ``Small-, 
medium-, and large-caliber non-explosive practice munitions'' in 
paragraphs (a)(6)(i) and (a)(15)(i) of this section.
    (ii) Mitigation zone and requirements. The mitigation zone must be 
thirty degrees on either side of the firing line out to 70 yd from the 
muzzle of the weapon being fired.
    (A) Prior to the initial start of the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must relocate or delay the start of weapons 
firing.
    (B) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease weapons firing.
    (C) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing weapons firing) until one of the following conditions 
has been met: The animal is observed exiting the mitigation zone; the 
animal is thought to have exited the mitigation zone based on a 
determination of its course, speed, and movement relative to the firing 
ship; the mitigation zone has been clear from any additional sightings 
for 30 min; or for mobile activities, the firing ship has transited a 
distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (4) Explosive sonobuoys--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft or on a small 
boat. If additional platforms are participating in the activity, Navy 
personnel positioned on those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 600 yd around an explosive sonobuoy.
    (B) Prior to the initial start of the activity (e.g., during 
deployment of a sonobuoy pattern, which typically lasts 20-30 min), Navy 
personnel must conduct passive acoustic monitoring for marine mammals 
and use information from detections to assist visual observations. Navy 
personnel also must visually observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of sonobuoy or source/receiver pair detonations.
    (C) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease sonobuoy or source/receiver pair detonations.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The

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animal is observed exiting the mitigation zone; the animal is thought to 
have exited the mitigation zone based on a determination of its course, 
speed, and movement relative to the sonobuoy; or the mitigation zone has 
been clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints (e.g., helicopter), or 30 
min when the activity involves aircraft that are not typically fuel 
constrained.
    (E) After completion of the activity (e.g., prior to maneuvering off 
station), when practical (e.g., when platforms are not constrained by 
fuel restrictions or mission-essential follow-on commitments), Navy 
personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets must assist 
in the visual observation of the area where detonations occurred.
    (5) Explosive torpedoes--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft. If additional 
platforms are participating in the activity, Navy personnel positioned 
on those assets (e.g., safety observers, evaluators) must support 
observing the mitigation zone for marine mammals and other applicable 
biological resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 2,100 yd around the intended impact location.
    (B) Prior to the initial start of the activity (e.g., during 
deployment of the target), Navy personnel must conduct passive acoustic 
monitoring for marine mammals and use the information from detections to 
assist visual observations. Navy personnel also must visually observe 
the mitigation zone for marine mammals; if marine mammals are observed, 
Navy personnel must relocate or delay the start of firing.
    (C) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals. If marine mammals are observed, Navy personnel 
must cease firing.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity involves aircraft that are not 
typically fuel constrained.
    (E) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets must assist 
in the visual observation of the area where detonations occurred.
    (6) Explosive medium-caliber and large-caliber projectiles. Gunnery 
activities using explosive medium-caliber and large-caliber projectiles. 
Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
on the vessel or aircraft conducting the activity. For activities using 
explosive large-caliber projectiles, depending on the activity, the 
Lookout could be the same as the one described in ``Weapons firing 
noise'' in paragraph (a)(3)(i) of this section. If additional platforms 
are participating in the activity, Navy personnel positioned on those 
assets (e.g.,

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safety observers, evaluators) must support observing the mitigation zone 
for marine mammals and other applicable biological resources while 
performing their regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 200 yd around the intended impact location for air-to-surface 
activities using explosive medium-caliber projectiles.
    (B) The mitigation zone must be 600 yd around the intended impact 
location for surface-to-surface activities using explosive medium-
caliber projectiles.
    (C) The mitigation zone must be 1,000 yd around the intended impact 
location for surface-to-surface activities using explosive large-caliber 
projectiles.
    (D) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for marine mammals; if marine mammals are observed, Navy personnel must 
relocate or delay the start of firing.
    (E) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease firing.
    (F) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; the mitigation zone has been clear from any additional 
sightings for 10 min for aircraft-based firing or 30 min for vessel-
based firing; or for activities using mobile targets, the intended 
impact location has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (G) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets must assist 
in the visual observation of the area where detonations occurred.
    (7) Explosive missiles and rockets. Aircraft-deployed explosive 
missiles and rockets. Mitigation applies to activities using a surface 
target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft. If additional platforms are participating in 
the activity, Navy personnel positioned on those assets (e.g., safety 
observers, evaluators) must support observing the mitigation zone for 
marine mammals and other applicable biological resources while 
performing their regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 900 yd around the intended impact location for missiles or rockets 
with 0.6-20 lb net explosive weight.
    (B) 2,000 yd around the intended impact location for missiles with 
21-500 lb net explosive weight.
    (C) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone), Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must relocate or delay the start of firing.
    (D) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease firing.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based

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on a determination of its course, speed, and movement relative to the 
intended impact location; or the mitigation zone has been clear from any 
additional sightings for 10 min when the activity involves aircraft that 
have fuel constraints, or 30 min when the activity involves aircraft 
that are not typically fuel constrained.
    (F) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets will assist 
in the visual observation of the area where detonations occurred.
    (8) Explosive bombs--(i) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft conducting the 
activity. If additional platforms are participating in the activity, 
Navy personnel positioned on those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 2,500 yd around the intended target.
    (B) Prior to the initial start of the activity (e.g., when arriving 
on station), Navy personnel must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of bomb deployment.
    (C) During the activity (e.g., during target approach), Navy 
personnel must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must cease bomb deployment.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment) until one of the following conditions 
has been met: The animal is observed exiting the mitigation zone; the 
animal is thought to have exited the mitigation zone based on a 
determination of its course, speed, and movement relative to the 
intended target; the mitigation zone has been clear from any additional 
sightings for 10 min; or for activities using mobile targets, the 
intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (E) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets must assist 
in the visual observation of the area where detonations occurred.
    (9) Sinking exercises--(i) Number of Lookouts and observation 
platform. Two Lookouts (one must be positioned in an aircraft and one 
must be positioned on a vessel). If additional platforms are 
participating in the activity, Navy personnel positioned on those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for marine mammals and other applicable biological 
resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 2.5 nmi around the target ship hulk.
    (B) Prior to the initial start of the activity (90 min prior to the 
first firing), Navy personnel must conduct aerial observations of the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must delay the start of firing.
    (C) During the activity, Navy personnel must conduct passive 
acoustic

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monitoring for marine mammals and use the information from detections to 
assist visual observations. Navy personnel must visually observe the 
mitigation zone for marine mammals from the vessel; if marine mammals 
are observed, Navy personnel must cease firing. Immediately after any 
planned or unplanned breaks in weapons firing of longer than two hours, 
Navy personnel must observe the mitigation zone for marine mammals from 
the aircraft and vessel; if marine mammals are observed, Navy personnel 
must delay recommencement of firing.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the target ship hulk; or the 
mitigation zone has been clear from any additional sightings for 30 min.
    (E) After completion of the activity (for two hours after sinking 
the vessel or until sunset, whichever comes first), Navy personnel must 
observe for marine mammals in the vicinity of where detonations 
occurred; if any injured or dead marine mammals are observed, Navy 
personnel must follow established incident reporting procedures. If 
additional platforms are supporting this activity (e.g., providing range 
clearance), Navy personnel on these assets will assist in the visual 
observation of the area where detonations occurred.
    (10) Explosive mine countermeasure and neutralization activities--
(i) Number of Lookouts and observation platform. (A) One Lookout must be 
positioned on a vessel or in an aircraft.
    (B) If additional platforms are participating in the activity, Navy 
personnel positioned on those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 600 yd around the detonation site.
    (B) Prior to the initial start of the activity (e.g., when 
maneuvering on station; typically 10 min when the activity involves 
aircraft that have fuel constraints, or 30 min when the activity 
involves aircraft that are not typically fuel constrained), Navy 
personnel must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must relocate or delay the start of 
detonations.
    (C) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease detonations.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to detonation site; or the 
mitigation zone has been clear from any additional sightings for 10 min 
when the activity involves aircraft that have fuel constraints, or 30 
min when the activity involves aircraft that are not typically fuel 
constrained.
    (E) [Reserved]
    (F) After completion of the activity (typically 10 min when the 
activity involves aircraft that have fuel constraints, or 30 min when 
the activity involves aircraft that are not typically fuel constrained), 
Navy personnel must observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets must assist 
in the visual

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observation of the area where detonations occurred.
    (11) Explosive mine neutralization activities involving Navy 
divers--(i) Number of Lookouts and observation platform. (A) Two 
Lookouts (two small boats with one Lookout each, or one Lookout must be 
on a small boat and one must be in a rotary-wing aircraft) when 
implementing the smaller mitigation zone.
    (B) Four Lookouts (two small boats with two Lookouts each), and a 
pilot or member of an aircrew which must serve as an additional Lookout 
if aircraft are used during the activity, must be used when implementing 
the larger mitigation zone.
    (C) All divers placing the charges on mines will support the 
Lookouts while performing their regular duties and will report 
applicable sightings to their supporting small boat or Range Safety 
Officer.
    (D) If additional platforms are participating in the activity, Navy 
personnel positioned on those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals and other applicable biological resources while performing their 
regular duties.
    (ii) Mitigation zone and requirements. (A) For Lookouts on small 
boats or aircraft, the mitigation zone must be 500 yd around the 
detonation site under positive control.
    (B) For Lookouts on small boats or aircraft, the mitigation zone 
must be 1,000 yd around the detonation site during all activities using 
time-delay fuses.
    (C) For divers, the mitigation zone must be the underwater 
detonation location, which is defined as the sea space within the 
divers' range of visibility but no further than the mitigation zone 
specified for Lookouts on small boats or aircraft (500 yd or 1,000 yd 
depending on the charge type).
    (D) Prior to the initial start of the activity (when maneuvering on 
station for activities under positive control; 30 min for activities 
using time-delay firing devices), Navy Lookouts on small boats or 
aircraft, must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must relocate or delay the start of 
detonations or fuse initiation.
    (E) During the activity, Navy Lookouts on small boats or aircraft, 
must observe the mitigation zone for marine mammals; if marine mammals 
are observed, Navy personnel must cease detonations or fuse initiation. 
While performing their normal duties during the activity, divers must 
observe the underwater detonation location for marine mammals. Divers 
must notify their supporting small boat or Range Safety Officer of 
marine mammal sightings at the underwater detonation location; if 
observed, the Navy must cease detonations or fuse initiation. To the 
maximum extent practicable depending on mission requirements, safety, 
and environmental conditions, Navy personnel must position boats near 
the mid-point of the mitigation zone radius (but outside of the 
detonation plume and human safety zone), must position themselves on 
opposite sides of the detonation location (when two boats are used), and 
must travel in a circular pattern around the detonation location with 
one Lookout observing inward toward the detonation site and the other 
observing outward toward the perimeter of the mitigation zone. If used, 
Navy aircraft must travel in a circular pattern around the detonation 
location to the maximum extent practicable. Navy personnel must not set 
time-delay firing devices to exceed 10 min.
    (F) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the underwater detonation location or 
mitigation zone (as applicable) prior to the initial start of the 
activity (by delaying the start) or during the activity (by not 
recommencing detonations or fuse initiation) until one of the following 
conditions has been met: The animal is observed exiting the 500 yd or 
1,000 yd mitigation zone; the animal is thought to have exited the 500 
yd or 1,000 yd mitigation zone based on a determination of its course, 
speed, and movement relative to the detonation site; or the 500 yd or 
1,000 yd mitigation zones (for Lookouts on small boats or aircraft)

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and the underwater detonation location (for divers) has been clear from 
any additional sightings for 10 min during activities under positive 
control with aircraft that have fuel constraints, or 30 min during 
activities under positive control with aircraft that are not typically 
fuel constrained and during activities using time-delay firing devices.
    (G) After completion of an activity, the Navy must observe for 
marine mammals for 30 min. Navy personnel must observe for marine 
mammals in the vicinity of where detonations occurred; if any injured or 
dead marine mammals are observed, Navy personnel must follow established 
incident reporting procedures. If additional platforms are supporting 
this activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in the visual observation of the area where 
detonations occurred.
    (12) Maritime security operations--anti-swimmer grenades--(i) Number 
of Lookouts and observation platform. One Lookout must be positioned on 
the small boat conducting the activity. If additional platforms are 
participating in the activity, Navy personnel positioned on those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for marine mammals and other applicable biological 
resources while performing their regular duties.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 200 yd around the intended detonation location.
    (B) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for marine mammals; if marine mammals are observed, Navy personnel must 
relocate or delay the start of detonations.
    (C) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease detonations.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing detonations) until one of the following conditions has 
been met: The animal is observed exiting the mitigation zone; the animal 
is thought to have exited the mitigation zone based on a determination 
of its course, speed, and movement relative to the intended detonation 
location; the mitigation zone has been clear from any additional 
sightings for 30 min; or the intended detonation location has transited 
a distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (E) After completion of the activity (e.g., prior to maneuvering off 
station), Navy personnel must, when practical (e.g., when platforms are 
not constrained by fuel restrictions or mission-essential follow-on 
commitments), observe for marine mammals in the vicinity of where 
detonations occurred; if any injured or dead marine mammals are 
observed, Navy personnel must follow established incident reporting 
procedures. If additional platforms are supporting this activity (e.g., 
providing range clearance), Navy personnel on these assets will assist 
in the visual observation of the area where detonations occurred.
    (13) Vessel movement. The mitigation will not be applied if: The 
vessel's safety is threatened; the vessel is restricted in its ability 
to maneuver (e.g., during launching and recovery of aircraft or landing 
craft, during towing activities, when mooring); the vessel is submerged 
or operated autonomously; or if impracticable based on mission 
requirements (e.g., during Amphibious Assault and Amphibious Raid 
exercises).
    (i) Number of Lookouts and observation platform. One Lookout must be 
on the vessel that is underway.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 500 yd around whales.
    (B) The mitigation zone must be 200 yd around all other marine 
mammals (except bow-riding dolphins).
    (C) During the activity. When underway Navy personnel must observe 
the mitigation zone for marine mammals; if marine mammals are observed, 
Navy

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personnel must maneuver to maintain distance.
    (iii) Reporting. If a marine mammal vessel strike occurs, Navy 
personnel must follow the established incident reporting procedures.
    (14) Towed in-water devices. Mitigation applies to devices that are 
towed from a manned surface platform or manned aircraft. The mitigation 
will not be applied if the safety of the towing platform or in-water 
device is threatened.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on a manned towing platform.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 250 yd around marine mammals.
    (B) During the activity (i.e., when towing an in-water device), Navy 
personnel must observe the mitigation zone for marine mammals; if marine 
mammals are observed, Navy personnel must maneuver to maintain distance.
    (15) Small-, medium-, and large-caliber non-explosive practice 
munitions. Mitigation applies to activities using a surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned on the platform conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described for 
``Weapons firing noise'' in paragraph (a)(3)(i) of this section.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 200 yd around the intended impact location.
    (B) Prior to the initial start of the activity (e.g., when 
maneuvering on station), Navy personnel must observe the mitigation zone 
for marine mammals; if marine mammals are observed, Navy personnel must 
relocate or delay the start of firing.
    (C) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease firing.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; the mitigation zone has been clear from any additional 
sightings for 10 min for aircraft-based firing or 30 min for vessel-
based firing; or for activities using a mobile target, the intended 
impact location has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (16) Non-explosive missiles and rockets. Aircraft-deployed non-
explosive missiles and rockets. Mitigation applies to activities using a 
surface target.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 900 yd around the intended impact location.
    (B) Prior to the initial start of the activity (e.g., during a fly-
over of the mitigation zone), Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must relocate or delay the start of firing.
    (C) During the activity, Navy personnel must observe the mitigation 
zone for marine mammals; if marine mammals are observed, Navy personnel 
must cease firing.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met: The animal is observed exiting the mitigation zone; the animal is 
thought to have exited the mitigation zone based on a determination of 
its course, speed, and movement relative to the intended impact 
location; or the mitigation zone has been clear from any additional 
sightings for 10 min when the activity involves aircraft that have fuel 
constraints, or 30 min when the activity

[[Page 298]]

involves aircraft that are not typically fuel constrained.
    (17) Non-explosive bombs and mine shapes. Non-explosive bombs and 
non-explosive mine shapes during mine laying activities.
    (i) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (ii) Mitigation zone and requirements. (A) The mitigation zone must 
be 1,000 yd around the intended target.
    (B) Prior to the initial start of the activity (e.g., when arriving 
on station), Navy personnel must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must relocate or 
delay the start of bomb deployment or mine laying.
    (C) During the activity (e.g., during approach of the target or 
intended minefield location), Navy personnel must observe the mitigation 
zone for marine mammals and, if marine mammals are observed, Navy 
personnel must cease bomb deployment or mine laying.
    (D) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment or mine laying) until one of the 
following conditions has been met: The animal is observed exiting the 
mitigation zone; the animal is thought to have exited the mitigation 
zone based on a determination of its course, speed, and movement 
relative to the intended target or minefield location; the mitigation 
zone has been clear from any additional sightings for 10 min; or for 
activities using mobile targets, the intended target has transited a 
distance equal to double that of the mitigation zone size beyond the 
location of the last sighting.
    (b) Mitigation areas. In addition to procedural mitigation, Navy 
personnel must implement mitigation measures within mitigation areas to 
avoid or reduce potential impacts on marine mammals.
    (1) Mitigation areas for marine mammals off Saipan in MITT Study 
Area for sonar, explosives, and vessel strikes--(i) Mitigation area 
requirements--(A) Marpi Reef and Chalan Kanoa Reef Geographic Mitigation 
Areas. (1) Navy personnel will conduct a maximum combined total of 20 
hours annually from December 1 through April 30 of surface ship hull-
mounted MF1 mid-frequency active sonar during training and testing 
within the Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas.
    (2) Navy personnel will not use in-water explosives.
    (3) Navy personnel must report the total hours of all active sonar 
use (all bins, by bin) from December 1 through April 30 in these 
geographic mitigation areas in the annual training and testing exercise 
report submitted to NMFS.
    (4) Should national security present a requirement to conduct 
training or testing prohibited by the mitigation requirements in this 
paragraph (b)(1)(i)(A), Navy personnel must obtain permission from the 
appropriate designated Command authority prior to commencement of the 
activity. Navy personnel must provide NMFS with advance notification and 
include relevant information (e.g., sonar hours, explosives use) in its 
annual activity reports submitted to NMFS.
    (B) Marpi Reef and Chalan Kanoa Reef Awareness Notification Message 
Area. (1) Navy personnel must issue a seasonal awareness notification 
message to alert Navy ships and aircraft operating in the Marpi Reef and 
Chalan Kanoa Reef Geographic Mitigation Areas to the possible presence 
of increased concentrations of humpback whales from December 1 through 
April 30.
    (2) To maintain safety of navigation and to avoid interactions with 
large whales during transits, Navy personnel must instruct vessels to 
remain vigilant to the presence of humpback whales that when 
concentrated seasonally, may become vulnerable to vessel strikes.
    (3) Navy personnel must use the information from the awareness 
notification message to assist their visual observation of applicable 
geographic mitigation zones during training and

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testing activities and to aid in the implementation of procedural 
mitigation.
    (ii) [Reserved]
    (2) Mitigation areas for marine mammals off Guam of the MITT Study 
Area for sonar and explosives--(i) Mitigation area requirements--(A) 
Agat Bay Nearshore Geographic Mitigation Area. (1) Navy personnel will 
not conduct MF1 surface ship hull-mounted mid-frequency active sonar 
year-round.
    (2) Navy personnel will not use in-water explosives year-round.
    (3) Should national security require the use of MF1 surface ship 
hull-mounted mid-frequency active sonar or explosives within the Agat 
Bay Nearshore Geographic Mitigation Area, Navy personnel must obtain 
permission from the appropriate designated Command authority prior to 
commencement of the activity. Navy personnel must provide NMFS with 
advance notification and include the information (e.g., sonar hours, 
explosives usage) in its annual activity reports submitted to NMFS.
    (B) [Reserved]



Sec.  218.95  Requirements for monitoring and reporting.

    (a) Unauthorized take. Navy personnel must notify NMFS immediately 
(or as soon as operational security considerations allow) if the 
specified activity identified in Sec.  218.90 is thought to have 
resulted in the serious injury or mortality of any marine mammals, or in 
any Level A harassment or Level B harassment of marine mammals not 
identified in this subpart.
    (b) Monitoring and reporting under the LOA. The Navy must conduct 
all monitoring and reporting required under the LOA, including abiding 
by the U.S. Navy's Marine Species Monitoring Program for the MITT Study 
Area. Details on program goals, objectives, project selection process, 
and current projects are available at www.navymarine 
speciesmonitoring.us.
    (c) Notification of injured, live stranded, or dead marine mammals. 
Navy personnel must consult the Notification and Reporting Plan, which 
sets out notification, reporting, and other requirements when dead, 
injured, or live stranded marine mammals are detected. The Notification 
and Reporting Plan is available at https://www.fisheries.noaa.gov/ 
action/ incidental-take -authorization -us-navy-mariana-islands -
training-and-testing-mitt.
    (d) Annual MITT Study Area marine species monitoring report. The 
Navy must submit an annual report to NMFS of the MITT Study Area 
monitoring which will be included in a Pacific-wide monitoring report 
including results specific to the MITT Study Area describing the 
implementation and results from the previous calendar year. Data 
collection methods will be standardized across Pacific Range Complexes 
including the MITT, HSTT, NWTT, and Gulf of Alaska (GOA) Study Areas to 
the best extent practicable, to allow for comparison in different 
geographic locations. The report must be submitted to the Director, 
Office of Protected Resources, NMFS, either within three months after 
the end of the calendar year, or within three months after the 
conclusion of the monitoring year, to be determined by the Adaptive 
Management process. NMFS will submit comments or questions on the draft 
monitoring report, if any, within three months of receipt. The report 
will be considered final after the Navy has addressed NMFS' comments, or 
three months after the submittal of the draft if NMFS does not provide 
comments on the draft report. Such a report will describe progress of 
knowledge made with respect to monitoring study questions across 
multiple Navy ranges associated with the ICMP. Similar study questions 
must be treated together so that progress on each topic can be 
summarized across multiple Navy ranges. The report need not include 
analyses and content that does not provide direct assessment of 
cumulative progress on the monitoring study question. This will continue 
to allow the Navy to provide a cohesive monitoring report covering 
multiple ranges (as per ICMP goals), rather than entirely separate 
reports for the MITT, Hawaii-Southern California, Gulf of Alaska, and 
Northwest Training and Testing Study Areas.
    (e) Annual MITT Study Area Training and Testing Exercise Report. 
Each year, the Navy must submit a preliminary report (Quick Look Report) 
detailing the status of authorized sound sources

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within 21 days after the anniversary of the date of issuance of the LOA 
to the Director, Office of Protected Resources, NMFS. The Navy must also 
submit a detailed report (MITT Annual Training and Testing Exercise 
Report) to the Director, Office of Protected Resources, NMFS, within 
three months after the one-year anniversary of the date of issuance of 
the LOA. The MITT Annual Training and Testing Exercise Report can be 
consolidated with other exercise reports from other range complexes in 
the Pacific Ocean for a single Pacific Exercise Report, if desired. NMFS 
will submit comments or questions on the report, if any, within one 
month of receipt. The report will be considered final after the Navy has 
addressed NMFS' comments, or one month after submittal of the draft if 
NMFS does not provide comments on the draft report. The annual will 
contain information on major training exercises (MTEs), Sinking Exercise 
(SINKEX) events, and a summary of all sound sources used (total hours or 
quantity of each bin of sonar or other non-impulsive source; total 
annual number of each type of explosive exercises; and total annual 
expended/detonated rounds (missiles, bombs, sonobuoys, etc.) for each 
explosive bin). The annual report will also contain information on sound 
sources used including within specific mitigation reporting areas as 
described in paragraph (e)(4) of this section. The annual report will 
also contain both the current year's data as well as cumulative sonar 
and explosive use quantity from previous years' reports. Additionally, 
if there were any changes to the sound source allowance in a given year, 
or cumulatively, the report will include a discussion of why the change 
was made and include analysis to support how the change did or did not 
affect the analysis in the 2020 MITT FSEIS/OEIS and MMPA final rule. The 
annual report will also include the details regarding specific 
requirements associated with specific mitigation areas. The final 
annual/close-out report at the conclusion of the authorization period 
(year seven) will serve as the comprehensive close-out report and 
include both the final year annual use compared to annual authorization 
as well as a cumulative seven-year annual use compared to seven-year 
authorization. The detailed reports must contain the information 
identified in paragraphs (e)(1) through (6) of this section.
    (1) MTEs. This section of the report must contain the following 
information for MTEs conducted in the MITT Study Area.
    (i) Exercise information for each MTE.
    (A) Exercise designator.
    (B) Date that exercise began and ended.
    (C) Location.
    (D) Number and types of active sonar sources used in exercise.
    (E) Number and types of passive acoustic sources used in exercise.
    (F) Number and types of vessels, aircraft, and other platforms 
participating in exercise.
    (G) Total hours of all active sonar source operation.
    (H) Total hours of each active sonar source bin.
    (I) Wave height (high, low, and average) during exercise.
    (ii) Individual marine mammal sighting information for each sighting 
in each exercise where mitigation was implemented.
    (A) Date/Time/Location of sighting.
    (B) Species (if not possible, indication of whale or dolphin).
    (C) Number of individuals.
    (D) Initial Detection Sensor (e.g., sonar, Lookout).
    (E) Indication of specific type of platform observation was made 
from (including, for example, what type of surface vessel or testing 
platform).
    (F) Length of time observers maintained visual contact with marine 
mammal.
    (G) Sea state.
    (H) Visibility.
    (I) Sound source in use at the time of sighting.
    (J) Indication of whether the animal was less than 200 yd, 200 to 
500 yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd 
from sonar source.
    (K) Whether operation of sonar sensor was delayed, or sonar was 
powered or shut down, and how long the delay.
    (L) If source in use was hull-mounted, true bearing of animal from 
the vessel, true direction of vessel's travel,

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and estimation of animal's motion relative to vessel (opening, closing, 
parallel).
    (M) Lookouts must 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.) and if any calves were present.
    (iii) An evaluation (based on data gathered during all of the MTEs) 
of the effectiveness of mitigation measures designed to minimize the 
received level to which marine mammals may be exposed. This evaluation 
must identify the specific observations that support any conclusions the 
Navy reaches about the effectiveness of the mitigation.
    (2) SINKEXs. This section of the report must 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 Lookouts before, during, and after 
exercise.
    (D) Total number and types of explosive source bins 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, and other platforms, 
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 for each sighting where mitigation was implemented.
    (A) Date/Time/Location of sighting.
    (B) Species (if not possible, indicate whale or dolphin).
    (C) Number of individuals.
    (D) Initial detection sensor (e.g., sonar or Lookout).
    (E) Length of time observers maintained visual contact with marine 
mammal.
    (F) Sea state.
    (G) Visibility.
    (H) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after.
    (I) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated): Less than 200 yd, 200 to 500 yd, 500 to 
1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd.
    (J) Lookouts must 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 and if any 
calves were present.
    (K) The report must indicate whether explosive detonations were 
delayed, ceased, modified, or not modified due to marine mammal presence 
and for how long.
    (L) If observation occurred while explosives were detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (3) Summary of sources used. This section of the report must include 
the following information summarized from the authorized sound sources 
used in all training and testing events:
    (i) Total annual hours or quantity (per the LOA) of each bin of 
sonar or other transducers; and
    (ii) Total annual expended/detonated ordnance (missiles, bombs, 
sonobuoys, etc.) for each explosive bin.
    (4) Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. 
The Navy must report any active sonar use (all bins, by bin) between 
December 1 and April 30 that occurred as specifically described in these 
areas. Information included in the classified annual reports may be used 
to inform future adaptive management within the MITT Study Area.
    (5) Geographic information presentation. The reports must present an 
annual (and seasonal, where practical) depiction of training and testing 
bin usage geographically across the MITT Study Area.
    (6) Sonar exercise notification. The Navy must submit to NMFS 
(contact

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as specified in the LOA) an electronic report within fifteen calendar 
days after the completion of any MTE indicating:
    (i) Location of the exercise;
    (ii) Beginning and end dates of the exercise; and
    (iii) Type of exercise.
    (f) Final Close-Out Report. The final (year seven) draft annual/
close-out report must be submitted within three months after the 
expiration of this subpart to the Director, Office of Protected 
Resources, NMFS. NMFS must submit comments on the draft close-out 
report, if any, within three months of receipt. The report will be 
considered final after the Navy has addressed NMFS' comments, or three 
months after the submittal of the draft if NMFS does not provide 
comments.



Sec.  218.96  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the Navy must apply for and obtain an LOA in accordance 
with Sec.  216.106 of this section.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed July 30, 2027.
    (c) If an LOA expires prior to July 30, 2027, the Navy may apply for 
and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, or reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  218.97(c)(1)) required by an 
LOA issued under this subpart, the Navy must apply for and obtain a 
modification of the LOA as described in Sec.  218.97.
    (e) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species of marine mammals and their habitat; and
    (4) Requirements for monitoring and reporting.
    (f) Issuance of the LOA(s) must be based on a determination that the 
level of taking is consistent with the findings made for the total 
taking allowable under the regulations in this subpart.
    (g) Notice of issuance or denial of the LOA(s) will be published in 
the Federal Register within 30 days of a determination.



Sec.  218.97  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this section and 
218.96 for the activity identified in Sec.  218.90(c) may be renewed or 
modified upon request by the applicant, provided that:
    (1) The planned specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA(s) were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations or result in no more than a 
minor change in the total estimated number of takes (or distribution by 
species or years), NMFS may publish a notice of planned LOA in the 
Federal Register, including the associated analysis of the change, and 
solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this section and 
218.96 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the Navy regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.

[[Page 303]]

    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's annual monitoring report and annual 
exercise report from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies;
    (C) Results from specific stranding investigations; or
    (D) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart 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 planned 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 of marine 
mammals specified in LOAs issued pursuant to Sec. Sec.  216.106 of this 
section and 218.96, an LOA may be modified without prior notice or 
opportunity for public comment. Notice will be published in the Federal 
Register within thirty days of the action.

Subparts K-N [Reserved]



  Subpart O_Taking and Importing Marine Mammals; U.S. Navy's Northwest 
                       Training and Testing (NWTT)

    Source: 85 FR 72459, Nov. 12, 2020, unless otherwise noted.

    Effective Date Note: At 85 FR 72459, Nov. 12, 2020, subpart O was 
revised, effective Nov. 9, 2020, to Nov. 8, 2027



Sec.  218.140  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
for the taking of marine mammals that occurs in the area described in 
paragraph (b) of this section and that occurs incidental to the 
activities listed in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy under this subpart may 
be authorized in Letters of Authorization (LOAs) only if it occurs 
within the NWTT Study Area. The NWTT Study Area is composed of 
established maritime operating and warning areas in the eastern North 
Pacific Ocean region, including areas of the Strait of Juan de Fuca, 
Puget Sound, and Western Behm Canal in southeastern Alaska. The Study 
Area includes air and water space within and outside Washington state 
waters, and outside state waters of Oregon and Northern California. The 
eastern boundary of the Offshore Area portion of the Study Area is 12 
nautical miles (nmi) off the coastline for most of the Study Area 
starting south of W-237, including southern Washington, Oregon, and 
Northern California. The Offshore Area includes the ocean all the way to 
the coastline only along that part of the Washington coast that lies 
beneath the airspace of W-237 and the Olympic Military Operations Area. 
The Quinault Range Site is a defined area of sea space where training 
and testing is conducted. The Quinault Range Site coincides with the 
boundaries of W-237A and also includes a surf zone component. The surf 
zone component extends north to south 5 nmi along the eastern boundary 
of W-237A, extends approximately 3 nmi to shore along the mean lower low 
water line, and encompasses 1 mile (1.6 kilometers) of shoreline at 
Pacific Beach, Washington. The Study Area includes four existing range 
complexes and facilities: the Northwest Training Range Complex (NWTRC), 
the Keyport Range Complex, the Carr Inlet Operations Area, and the 
Southeast Alaska Acoustic Measurement Facility (SEAFAC). In addition to 
these range complexes, the Study Area also includes Navy pierside 
locations where sonar maintenance and testing occurs as part of 
overhaul, modernization, maintenance, and repair activities at Naval 
Base Kitsap, Bremerton; Naval Base Kitsap, Bangor; and Naval Station 
Everett.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy conducting training and testing 
activities, including:
    (1) Anti-submarine warfare;
    (2) Mine warfare;
    (3) Surface warfare;
    (4) Unmanned systems;

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    (5) Vessel evaluation; and
    (6) Other training and testing activities.



Sec.  218.141  Effective dates.

    Regulations in this subpart are effective from November 9, 2020, 
through November 8, 2027.



Sec.  218.142  Permissible methods of taking.

    (a) Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter 
and 218.146, the Holder of the LOAs (hereinafter ``Navy'') may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec.  218.140(b) by Level A harassment and Level B 
harassment associated with the use of active sonar and other acoustic 
sources and explosives, as well as serious injury or mortality 
associated with vessel strikes, provided the activity is in compliance 
with all terms, conditions, and requirements of this subpart and the 
applicable LOAs.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.140(c) is limited to the following species:

                        Table 1 to Paragraph (b)
------------------------------------------------------------------------
              Species                               Stock
------------------------------------------------------------------------
Blue whale........................  Eastern North Pacific.
Fin whale.........................  Northeast Pacific.
Fin whale.........................  California/Oregon/Washington.
Sei whale.........................  Eastern North Pacific.
Minke whale.......................  Alaska.
Minke whale.......................  California/Oregon/Washington.
Humpback whale....................  Central North Pacific.
Humpback whale....................  California/Oregon/Washington.
Gray whale........................  Eastern North Pacific.
Bottlenose dolphin................  California/Oregon/Washington
                                     Offshore.
Killer whale......................  Alaska Resident.
Killer whale......................  Eastern North Pacific Offshore.
Killer whale......................  West Coast Transient.
Killer whale......................  Southern Resident.
Northern right whale dolphin......  California/Oregon/Washington.
Pacific white-sided dolphin.......  North Pacific.
Pacific white-sided dolphin.......  California/Oregon/Washington.
Risso's dolphin...................  California/Oregon/Washington.
Short-beaked common dolphin.......  California/Oregon/Washington.
Short-finned pilot whale..........  California/Oregon/Washington.
Striped dolphin...................  California/Oregon/Washington.
Pygmy sperm whale.................  California/Oregon/Washington.
Dwarf sperm whale.................  California/Oregon/Washington.
Dall's porpoise...................  Alaska.
Dall's porpoise...................  California/Oregon/Washington.
Harbor porpoise...................  Southeast Alaska.
Harbor porpoise...................  Northern Oregon & Washington Coast.
Harbor porpoise...................  Northern California/Southern Oregon.
Harbor porpoise...................  Washington Inland Waters.
Sperm whale.......................  California/Oregon/Washington.
Baird's beaked whale..............  California/Oregon/Washington.
Cuvier's beaked whale.............  California/Oregon/Washington.
Mesoplodon species................  California/Oregon/Washington.
California sea lion...............  U.S. Stock.
Steller sea lion..................  Eastern U.S.
Guadalupe fur seal................  Mexico.
Northern fur seal.................  Eastern Pacific.
Northern fur seal.................  California.
Harbor seal.......................  Southeast Alaska--Clarence Strait.
Harbor seal.......................  Oregon & Washington Coastal.
Harbor seal.......................  Washington Northern Inland Waters.
Harbor seal.......................  Hood Canal.
Harbor seal.......................  Southern Puget Sound.
Northern elephant seal............  California.
------------------------------------------------------------------------



Sec.  218.143  Prohibitions.

    (a) Notwithstanding incidental takings contemplated in Sec.  
218.142(a) and authorized by LOAs issued under Sec. Sec.  216.106 of 
this chapter and 218.146, no

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person in connection with the activities listed in Sec.  218.140(c) may:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 218.146;
    (2) Take any marine mammal not specified in Sec.  218.142(b);
    (3) Take any marine mammal specified in Sec.  218.142(b) in any 
manner other than as specified in the LOAs; or
    (4) Take a marine mammal specified in Sec.  218.142(b) if NMFS 
determines such taking results in more than a negligible impact on the 
species or stock of such marine mammal.
    (b) [Reserved]



Sec.  218.144  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  218.140(c), 
the mitigation measures contained in any LOAs issued under Sec. Sec.  
216.106 of this chapter and 218.146 must be implemented. These 
mitigation measures include, but are not limited to:
    (1) Procedural mitigation. Procedural mitigation is mitigation that 
the Navy must implement whenever and wherever an applicable training or 
testing activity takes place within the NWTT Study Area for each 
applicable activity category or stressor category and includes acoustic 
stressors (i.e., active sonar, weapons firing noise), explosive 
stressors (i.e., sonobuoys, torpedoes, medium-caliber and large-caliber 
projectiles, missiles, bombs, Mine Countermeasure and Neutralization 
activities, mine neutralization involving Navy divers), and physical 
disturbance and strike stressors (i.e., vessel movement, towed in-water 
devices, small-, medium-, and large-caliber non-explosive practice 
munitions, non-explosive missiles, non-explosive bombs and mine shapes).
    (i) Environmental awareness and education. Appropriate Navy 
personnel (including civilian personnel) involved in mitigation and 
training or testing activity reporting under the specified activities 
will complete the environmental compliance training modules identified 
in their career path training plan, as specified in the LOAs.
    (ii) Active sonar. Active sonar includes low-frequency active sonar, 
mid-frequency active sonar, and high-frequency active sonar. For vessel-
based active sonar activities, mitigation applies only to sources that 
are positively controlled and deployed from manned surface vessels 
(e.g., sonar sources towed from manned surface platforms). For aircraft-
based active sonar activities, mitigation applies only to sources that 
are positively controlled and deployed from manned aircraft that do not 
operate at high altitudes (e.g., rotary-wing aircraft). Mitigation does 
not apply to active sonar sources deployed from unmanned aircraft or 
aircraft operating at high altitudes (e.g., maritime patrol aircraft).
    (A) Number of Lookouts and observation platform for hull-mounted 
sources. For hull-mounted sources, the Navy must have one Lookout for 
platforms with space or manning restrictions while underway (at the 
forward part of a small boat or ship) and platforms using active sonar 
while moored or at anchor (including pierside), and two Lookouts for 
platforms without space or manning restrictions while underway (at the 
forward part of the ship).
    (B) Number of Lookouts and observation platform for sources not 
hull-mounted. For sources that are not hull-mounted, the Navy must have 
one Lookout on the ship or aircraft conducting the activity.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when maneuvering on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of active sonar transmission until the mitigation 
zone is clear of floating vegetation or until the conditions in 
paragraph (a)(1)(ii)(F) are met for marine mammals.
    (D) During activity for low-frequency active sonar at 200 decibels 
(dB) and hull-mounted mid-frequency active sonar. During the activity, 
for low-frequency active sonar at 200 dB and hull-mounted mid-frequency 
active sonar, Navy personnel must observe the following mitigation zones 
for marine mammals.

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    (1) Powerdowns for marine mammals. Navy personnel must power down 
active sonar transmission by 6 dB if marine mammals are observed within 
1,000 yard (yd) of the sonar source; Navy personnel must power down an 
additional 4 dB (10 dB total) if marine mammals are observed within 500 
yd of the sonar source.
    (2) Shutdowns for marine mammals. Navy personnel must cease 
transmission if cetaceans are observed within 200 yd of the sonar source 
in any location in the Study Area; Navy personnel must cease 
transmission if pinnipeds in the NWTT Offshore Area or Western Behm 
Canal are observed within 200 yd of the sonar source and cease 
transmission if pinnipeds in NWTT Inland Waters are observed within 100 
yd of the sonar source (except if hauled out on, or in the water near, 
man-made structures and vessels).
    (E) During activity for low-frequency active sonar below 200 dB, 
mid-frequency active sonar not hull-mounted, and high-frequency sonar. 
During the activity, for low-frequency active sonar below 200 dB, mid-
frequency active sonar sources that are not hull-mounted, and high-
frequency sonar, Navy personnel must observe the following mitigation 
zones for marine mammals. Navy personnel must cease transmission if 
cetaceans are observed within 200 yd of the sonar source in any location 
in the Study Area. Navy personnel must cease transmission if pinnipeds 
in the NWTT Offshore Area or Western Behm Canal are observed within 200 
yd of the sonar source. Navy personnel must cease transmission if 
pinnipeds in NWTT Inland Waters are observed within 100 yd of the sonar 
source (except if hauled out on, or in the water near, man-made 
structures and vessels).
    (F) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing or powering up active sonar transmission) until one of the 
following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the sonar source;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 minutes (min) for aircraft-
deployed sonar sources or 30 min for vessel-deployed sonar sources;
    (4) Sonar source transit. For mobile activities, the active sonar 
source has transited a distance equal to double that of the mitigation 
zone size beyond the location of the last sighting; or
    (5) Bow-riding dolphins. For activities using hull-mounted sonar, 
the Lookout concludes that dolphins are deliberately closing in on the 
ship to ride the ship's bow wave, and are therefore out of the main 
transmission axis of the sonar (and there are no other marine mammal 
sightings within the mitigation zone).
    (iii) Weapons firing noise. Weapons firing noise associated with 
large-caliber gunnery activities.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on the ship conducting the firing. Depending on the activity, 
the Lookout could be the same as the one described for ``Explosive 
medium-caliber and large-caliber projectiles'' or for ``Small-, medium-, 
and large-caliber non-explosive practice munitions'' in paragraphs 
(a)(1)(vi)(A) and (a)(1)(xiii)(A) of this section.
    (B) Mitigation zone. Thirty degrees on either side of the firing 
line out to 70 yd from the muzzle of the weapon being fired.
    (C) Prior to activity. Prior to the initial start of the activity, 
Navy personnel must observe the mitigation zone for floating vegetation 
and marine mammals; if floating vegetation or a marine mammal is 
observed, Navy personnel must relocate or delay the start of weapons 
firing until the mitigation zone is clear of floating vegetation or 
until the conditions in paragraph (a)(1)(iii)(E) of this section are met 
for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals;

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if marine mammals are observed, Navy personnel must cease weapons 
firing.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing weapons firing) until one of the following conditions has 
been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the firing ship;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 30 min; or
    (4) Firing ship transit. For mobile activities, the firing ship has 
transited a distance equal to double that of the mitigation zone size 
beyond the location of the last sighting.
    (iv) Explosive sonobuoys.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft or on a small boat. If additional platforms 
are participating in the activity, Navy personnel positioned in those 
assets (e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources, including marine 
mammals, while performing their regular duties.
    (B) Mitigation zone. 600 yd around an explosive sonobuoy.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., during deployment of a sonobuoy field, which typically lasts 20-
30 min), Navy personnel must conduct passive acoustic monitoring for 
marine mammals; personnel must use information from detections to assist 
visual observations. Navy personnel also must visually observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of sonobuoy or source/receiver pair detonations until 
the mitigation zone is clear of floating vegetation or until the 
conditions in paragraph (a)(1)(iv)(E) of this section are met for marine 
mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease sonobuoy or source/receiver pair 
detonations.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing detonations) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the sonobuoy; or
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in the visual observation of the area where 
detonations occurred.
    (v) Explosive torpedoes.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft. If additional platforms are participating in 
the activity, Navy personnel positioned in those assets (e.g., safety 
observers, evaluators) must support observing the

[[Page 308]]

mitigation zone for applicable biological resources, including marine 
mammals, while performing their regular duties.
    (B) Mitigation zone. 2,100 yd around the intended impact location.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., during deployment of the target), Navy personnel must conduct 
passive acoustic monitoring for marine mammals; personnel must use the 
information from detections to assist visual observations. Navy 
personnel also must visually observe the mitigation zone for floating 
vegetation and marine mammals; if floating vegetation or a marine mammal 
is observed, Navy personnel must relocate or delay the start of firing 
until the mitigation zone is clear of floating vegetation or until the 
conditions in paragraph (a)(1)(v)(E) of this section are met for marine 
mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing firing) until one of the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location; or
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in the visual observation of the area where 
detonations occurred.
    (vi) Explosive medium-caliber and large-caliber projectiles. Gunnery 
activities using explosive medium-caliber and large-caliber projectiles. 
Mitigation applies to activities using a surface target.
    (A) Number of Lookouts and observation platform. One Lookout must be 
on the vessel conducting the activity. For activities using explosive 
large-caliber projectiles, depending on the activity, the Lookout could 
be the same as the one described for ``Weapons firing noise'' in 
paragraph (a)(1)(iii)(A) of this section. If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for applicable biological resources, including marine 
mammals, while performing their regular duties.
    (B) Mitigation zones. 600 yd around the intended impact location for 
explosive medium-caliber projectiles. 1,000 yd around the intended 
impact location for explosive large-caliber projectiles.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when maneuvering on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of firing until the mitigation zone is clear of 
floating vegetation or until the conditions in paragraph (a)(1)(vi)(E) 
of this section are met for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel

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must allow a sighted marine mammal to leave the mitigation zone prior to 
the initial start of the activity (by delaying the start) or during the 
activity (by not recommencing firing) until one of the following 
conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location;
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 30 min for vessel-based firing; 
or
    (4) Impact location transit. For activities using mobile targets, 
the intended impact location has transited a distance equal to double 
that of the mitigation zone size beyond the location of the last 
sighting.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in the visual observation of the area where 
detonations occurred.
    (vii) Explosive missiles. Aircraft-deployed explosive missiles. 
Mitigation applies to activities using a surface target.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft. If additional platforms are participating in 
the activity, Navy personnel positioned in those assets (e.g., safety 
observers, evaluators) must support observing the mitigation zone for 
applicable biological resources, including marine mammals, while 
performing their regular duties.
    (B) Mitigation zone. 2,000 yd around the intended impact location.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., during a fly-over of the mitigation zone), Navy personnel must 
observe the mitigation zone for floating vegetation and marine mammals; 
if floating vegetation or a marine mammal is observed, Navy personnel 
must relocate or delay the start of firing until the mitigation zone is 
clear of floating vegetation or until the conditions in paragraph 
(a)(1)(vii)(E) of this section are met for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing firing) until one of the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location; or
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in

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the visual observation of the area where detonations occurred.
    (viii) Explosive bombs.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft conducting the activity. If additional 
platforms are participating in the activity, Navy personnel positioned 
in those assets (e.g., safety observers, evaluators) must support 
observing the mitigation zone for applicable biological resources, 
including marine mammals, while performing their regular duties.
    (B) Mitigation zone. 2,500 yd around the intended target.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when arriving on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammals is observed, Navy personnel must relocate 
or delay the start of bomb deployment until the mitigation zone is clear 
of floating vegetation or until the conditions in paragraph 
(a)(1)(viii)(E) of this section are met for marine mammals.
    (D) During activity. During the activity (e.g., during target 
approach), Navy personnel must observe the mitigation zone for marine 
mammals; if marine mammals are observed, Navy personnel must cease bomb 
deployment.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing bomb deployment) until one of the following conditions has 
been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended target;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min; or
    (4) Intended target transit. For activities using mobile targets, 
the intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in the visual observation of the area where 
detonations occurred.
    (ix) Explosive Mine Countermeasure and Neutralization activities.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on a vessel or in an aircraft when implementing the smaller 
mitigation zone. Two Lookouts must be positioned (one in an aircraft and 
one on a small boat) when implementing the larger mitigation zone. If 
additional platforms are participating in the activity, Navy personnel 
positioned in those assets (e.g., safety observers, evaluators) must 
support observing the mitigation zone for applicable biological 
resources, including marine mammals, while performing their regular 
duties.
    (B) Mitigation zones. 600 yd around the detonation site for 
activities using <=5 lb net explosive weight. 2,100 yd around the 
detonation site for activities using 5-60 lb net explosive 
weight.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when maneuvering on station; typically, 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained), 
Navy personnel must observe the mitigation zone for floating vegetation 
and marine mammals; if floating vegetation or a marine mammal is 
observed, Navy personnel must relocate or delay the start of detonations 
until the mitigation zone is clear of floating vegetation or until the 
conditions in paragraph (a)(1)(ix)(E) are met for marine mammals.

[[Page 311]]

    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease detonations. Navy personnel must use 
the smallest practicable charge size for each activity. Navy personnel 
must conduct activities in daylight hours only and in Beaufort Sea state 
number 3 conditions or less.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing detonations) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the detonation site; or
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (F) After activity. After completion of the activity (typically 10 
min when the activity involves aircraft that have fuel constraints, or 
30 min when the activity involves aircraft that are not typically fuel 
constrained), Navy personnel must observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel on these 
assets must assist in the visual observation of the area where 
detonations occurred.
    (x) Explosive mine neutralization activities involving Navy divers.
    (A) Number of Lookouts and observation platform.
    (1) Lookouts on small boats. Two Lookouts on two small boats with 
one Lookout each, one of which must be a Navy biologist.
    (2) Divers. All divers placing the charges on mines must support the 
Lookouts while performing their regular duties and report applicable 
sightings to the lead Lookout, the supporting small boat, or the Range 
Safety Officer.
    (3) Additional platforms. If additional platforms are participating 
in the activity, Navy personnel positioned in those assets (e.g., safety 
observers, evaluators) must support observing the mitigation zone for 
applicable biological resources, including marine mammals, while 
performing their regular duties.
    (B) Mitigation zone. 500 yd around the detonation site during 
activities using  0.5-2.5 lb net explosive weight.
    (C) Prior to activity. Prior to the initial start of the activity 
(starting 30 min before the first planned detonation), Navy personnel 
must observe the mitigation zone for floating vegetation and marine 
mammals; if floating vegetation or a marine mammal is observed, Navy 
personnel must relocate or delay the start of detonations until the 
mitigation zone is clear of floating vegetation or until the conditions 
in paragraph (a)(1)(x)(E) are met for marine mammals. A Navy biologist 
must serve as the lead Lookout and must make the final determination 
that the mitigation zone is clear of any floating vegetation or marine 
mammals, prior to the commencement of a detonation. The Navy biologist 
must maintain radio communication with the unit conducting the event and 
the other Lookout.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease detonations. To the maximum extent 
practicable depending on mission requirements, safety, and environmental 
conditions, Navy personnel must position boats near the midpoint of the 
mitigation zone radius (but outside of the detonation plume and human 
safety zone), must position themselves on opposite sides of the 
detonation location, and must travel in a circular pattern around the 
detonation location with

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one Lookout observing inward toward the detonation site and the other 
observing outward toward the perimeter of the mitigation zone. Navy 
personnel must only use positively controlled charges (i.e., no time-
delay fuses). Navy personnel must use the smallest practicable charge 
size for each activity. All activities must be conducted in Beaufort sea 
state number 2 conditions or better and must not be conducted in low 
visibility conditions.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
animal to leave the mitigation zone prior to the initial start of the 
activity (by delaying the start to ensure the mitigation zone is clear 
for 30 min) or during the activity (by not recommencing detonations) 
until one of the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the detonation site; or
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 30 min.
    (F) After activity. After each detonation and completion of an 
activity, the Navy must observe for marine mammals for 30 min in the 
vicinity of where detonations occurred and immediately downstream of the 
detonation location; if any injured or dead marine mammals are observed, 
Navy personnel must follow established incident reporting procedures. If 
additional platforms are supporting this activity (e.g., providing range 
clearance), Navy personnel on these assets must assist in the visual 
observation of the area where detonations occurred.
    (xi) Vessel movement. The mitigation will not be applied if: The 
vessel's safety is threatened; the vessel is restricted in its ability 
to maneuver (e.g., during launching and recovery of aircraft or landing 
craft, during towing activities, when mooring, and during Transit 
Protection Program exercises or other events involving escort vessels); 
the vessel is submerged or operated autonomously; or when impractical 
based on mission requirements (e.g., during test body retrieval by range 
craft).
    (A) Number of Lookouts and observation platform. One Lookout must be 
on the vessel that is underway.
    (B) Mitigation zones.
    (1) Whales. 500 yd around whales.
    (2) Marine mammals other than whales: Surface vessels. 200 yd around 
marine mammals other than whales (except bow-riding dolphins and 
pinnipeds hauled out on man-made navigational structures, port 
structures, and vessels) for surface vessels (which do not include small 
boats).
    (3) Marine mammals other than whales: Small boats. 100 yd around 
marine mammals other than whales (except bow-riding dolphins and 
pinnipeds hauled out on man-made navigational structures, port 
structures, and vessels) for small boats, such as range craft.
    (C) During activity. When underway, Navy personnel must observe the 
mitigation zone for marine mammals; if marine mammals are observed, Navy 
personnel must maneuver to maintain distance.
    (D) Incident reporting procedures. If a marine mammal vessel strike 
occurs, Navy personnel must follow the established incident reporting 
procedures.
    (xii) Towed in-water devices. Mitigation applies to devices that are 
towed from a manned surface platform or manned aircraft, or when a 
manned support craft is already participating in an activity involving 
in-water devices being towed by unmanned platforms. The mitigation will 
not be applied if the safety of the towing platform or in-water device 
is threatened.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on a manned towing platform or support craft.
    (B) Mitigation zones.
    (1) Mitigation zone: In-water devices towed by aircraft or surface 
ships. 250 yd around marine mammals (except bow-riding dolphins and 
pinnipeds hauled out on man-made navigational structures, port 
structures, and vessels) for in-water devices towed by aircraft or 
surface ships.

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    (2) Mitigation zone: In-water devices towed by small boats. 100 yd 
around marine mammals (except bow-riding dolphins and pinnipeds hauled 
out on man-made navigational structures, port structures, and vessels) 
for in-water devices towed by small boats, such as range craft.
    (C) During activity. During the activity (i.e., when towing an in-
water device), Navy personnel must observe the mitigation zone for 
marine mammals; if marine mammals are observed, Navy personnel must 
maneuver to maintain distance.
    (xiii) Small-, medium-, and large-caliber non-explosive practice 
munitions. Gunnery activities using small-, medium-, and large-caliber 
non-explosive practice munitions. Mitigation applies to activities using 
a surface target.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on the platform conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described for 
``Weapons firing noise'' in paragraph (a)(1)(iii)(A) of this section.
    (B) Mitigation zone. 200 yd around the intended impact location.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when maneuvering on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start until the mitigation zone is clear of floating 
vegetation or until the conditions in paragraph (a)(1)(xiii)(E) are met 
for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after marine mammal 
sighting before or during activity. Navy personnel must allow a sighted 
marine mammal to leave the mitigation zone prior to the initial start of 
the activity (by delaying the start) or during the activity (by not 
recommencing firing) until one of the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location;
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min for aircraft-based firing 
or 30 min for vessel-based firing; or
    (4) Impact location transit. For activities using a mobile target, 
the intended impact location has transited a distance equal to double 
that of the mitigation zone size beyond the location of the last 
sighting.
    (xiv) Non-explosive missiles. Aircraft-deployed non-explosive 
missiles. Mitigation applies to activities using a surface target.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (B) Mitigation zone. 900 yd around the intended impact location.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., during a fly-over of the mitigation zone), Navy personnel must 
observe the mitigation zone for floating vegetation and marine mammals; 
if floating vegetation or a marine mammal is observed, Navy personnel 
must relocate or delay the start of firing until the mitigation zone is 
clear of floating vegetation or until the conditions in paragraph 
(a)(1)(xiv)(E) of this section are met for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if marine mammals are 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after marine mammal 
sighting prior to or during activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;

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    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location; or
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min when the activity 
involves aircraft that have fuel constraints, or 30 min when the 
activity involves aircraft that are not typically fuel constrained.
    (xv) Non-explosive bombs and mine shapes. Non-explosive bombs and 
non-explosive mine shapes during mine laying activities.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned in an aircraft.
    (B) Mitigation zone. 1,000 yd around the intended target.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when arriving on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of bomb deployment or mine laying until the 
mitigation zone is clear of floating vegetation or until the conditions 
in paragraph (a)(1)(xv)(E) of this section are met for marine mammals.
    (D) During activity. During the activity (e.g., during approach of 
the target or intended minefield location), Navy personnel must observe 
the mitigation zone for marine mammals; if marine mammals are observed, 
Navy personnel must cease bomb deployment or mine laying.
    (E) Commencement/recommencement conditions after marine mammal 
sighting prior to or during activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment or mine laying) until one of the 
following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended target or minefield location;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min; or
    (4) Intended target transit. For activities using mobile targets, 
the intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (2) Mitigation areas. In addition to procedural mitigation, Navy 
personnel must implement mitigation measures within mitigation areas to 
avoid or reduce potential impacts on marine mammals.
    (i) Marine Species Coastal Mitigation Area (year round unless 
specified as seasonal).
    (A) Within 50 nmi from shore in the Marine Species Coastal 
Mitigation Area.
    (1) Prohibited activities. The Navy must not conduct: Explosive 
training activities; explosive testing activities (with the exception of 
explosive Mine Countermeasure and Neutralization Testing activities); 
and non-explosive missile training activities.
    (2) Seasonal awareness notification messages. The Navy must issue 
annual seasonal awareness notification messages to alert Navy ships and 
aircraft to the possible presence of increased concentrations of 
Southern Resident killer whales from December 1 to June 30, humpback 
whales from May 1 to December 31, and gray whales from May 1 to November 
30. For safe navigation and to avoid interactions with large whales, the 
Navy must instruct vessels to remain vigilant to the presence of 
Southern Resident killer whales, humpback whales, and gray whales that 
may be vulnerable to vessel strikes or potential impacts from training 
and testing activities. Platforms must use the information from the 
awareness notification messages to assist their visual observation of 
applicable mitigation zones during training and testing activities and 
to aid in the implementation of procedural mitigation.
    (B) Within 20 nmi from shore in the Marine Species Coastal 
Mitigation Area.

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    (1) Surface ship hull-mounted MF1 mid-frequency active sonar. The 
Navy must not conduct more than a total of 33 hours of surface ship 
hull-mounted MF1 mid-frequency active sonar during testing annually 
within 20 nmi from shore in the Marine Species Coastal Mitigation Area, 
in the Juan de Fuca Eddy Marine Species Mitigation Area, and in the 
Olympic Coast National Marine Sanctuary Mitigation Area combined.
    (2) Mine Countermeasure and Neutralization Testing from July 1 to 
September 30. To the maximum extent practical, the Navy must conduct 
explosive Mine Countermeasure and Neutralization Testing from July 1 to 
September 30 when operating within 20 nmi from shore.
    (3) Mine Countermeasure and Neutralization Testing from October 1 to 
June 30. From October 1 to June 30, the Navy must not conduct more than 
one explosive Mine Countermeasure and Neutralization Testing event, not 
to exceed the use of 20 explosives from bin E4 and 3 explosives from bin 
E7 annually, and not to exceed the use of 60 explosives from bin E4 and 
9 explosives from bin E7 over the seven-year period of the rule.
    (4) Large-caliber gunnery training activities and non-explosive 
bombing training. The Navy must not conduct non-explosive large-caliber 
gunnery training activities and non-explosive bombing training 
activities.
    (C) Within 12 nmi from shore in the Marine Species Coastal 
Mitigation Area.
    (1) Anti-submarine warfare tracking exercise--helicopter,--maritime 
patrol aircraft,--ship, or--submarine training and anti-submarine 
warfare torpedo exercise--submarine training. The Navy must not conduct 
Anti-Submarine Warfare Tracking Exercise--Helicopter,--Maritime Patrol 
Aircraft,--Ship, or--Submarine training activities (which involve the 
use of mid-frequency or high-frequency active sonar) or non-explosive 
Anti-Submarine Warfare Torpedo Exercise--Submarine training activities 
(which involve the use of mid-frequency or high-frequency active sonar).
    (2) Unmanned Underwater Vehicle Training. The Navy must not conduct 
more than one Unmanned Underwater Vehicle Training event within 12 nmi 
from shore at the Quinault Range Site. In addition, Unmanned Underwater 
Vehicle Training events within 12 nmi from shore at the Quinault Range 
Site must be cancelled or moved to another training location if Southern 
Resident killer whales are detected at the planned training location 
during the event planning process, or immediately prior to the event, as 
applicable.
    (3) Explosive use during Mine Countermeasure and Neutralization 
testing. During explosive Mine Countermeasure and Neutralization 
Testing, the Navy must not use explosives in bin E7 closer than 6 nmi 
from shore in the Quinault Range Site.
    (4) Non-explosive small- and medium-caliber gunnery training. The 
Navy must not conduct non-explosive small- and medium-caliber gunnery 
training activities.
    (D) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraphs 
(a)(2)(i)(A)(1); (a)(2)(i)(B); or (a)(2)(i)(C) of this section, Navy 
personnel must obtain permission from the appropriate designated Command 
authority prior to commencement of the activity. Navy personnel must 
provide NMFS with advance notification and include information about the 
event in its annual activity reports to NMFS.
    (ii) Olympic Coast National Marine Sanctuary Mitigation Area (year-
round).
    (A) Surface ship hull-mounted MF1 mid-frequency active sonar during 
training. The Navy must not conduct more than 32 hours of surface ship 
hull-mounted MF1 mid-frequency active sonar during training annually.
    (B) Non-explosive bombing training. The Navy must not conduct non-
explosive bombing training activities.
    (C) Surface ship hull-mounted MF1 mid-frequency active sonar during 
testing. The Navy must not conduct more than a total of 33 hours of 
surface ship hull-mounted MF1 mid-frequency active sonar during testing 
annually within 20 nmi from shore in the Marine Species Coastal 
Mitigation Area, in the Juan de Fuca Eddy Marine Species Mitigation 
Area, and in the Olympic Coast National Marine Sanctuary Mitigation Area 
combined.

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    (D) Explosive Mine Countermeasure and Neutralization testing. The 
Navy must not conduct explosive Mine Countermeasure and Neutralization 
Testing activities.
    (E) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraphs 
(a)(2)(ii)(A), (B), (C), or (D) of this section, Navy personnel must 
obtain permission from the appropriate designated Command authority 
prior to commencement of the activity. Navy personnel must provide NMFS 
with advance notification and include information about the event in its 
annual activity reports to NMFS.
    (iii) Juan de Fuca Eddy Marine Species Mitigation Area (year-round).
    (A) Surface ship hull-mounted MF1 mid-frequency active sonar during 
testing. The Navy must not conduct more than a total of 33 hours of 
surface ship hull-mounted MF1 mid-frequency active sonar during testing 
annually within 20 nmi from shore in the Marine Species Coastal 
Mitigation Area, in the Juan de Fuca Eddy Marine Species Mitigation 
Area, and in the Olympic Coast National Marine Sanctuary Mitigation Area 
combined.
    (B) Explosive Mine Countermeasure and Neutralization testing. The 
Navy must not conduct explosive Mine Countermeasure and Neutralization 
Testing activities.
    (C) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraphs 
(a)(2)(iii)(A) or (B) of this section, Navy personnel must obtain 
permission from the appropriate designated Command authority prior to 
commencement of the activity. Navy personnel must provide NMFS with 
advance notification and include information about the event in its 
annual activity reports to NMFS.
    (iv) Stonewall and Heceta Bank Humpback Whale Mitigation Area (May 
1-November 30).
    (A) Surface ship hull-mounted MF1 mid-frequency active sonar. The 
Navy must not use surface ship hull-mounted MF1 mid-frequency active 
sonar during training and testing from May 1 to November 30.
    (B) Explosive Mine Countermeasure and Neutralization testing. The 
Navy must not conduct explosive Mine Countermeasure and Neutralization 
testing from May 1 to November 30.
    (C) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraphs 
(a)(2)(iv)(A) or (B) of this section, Navy personnel must obtain 
permission from the appropriate designated Command authority prior to 
commencement of the activity. Navy personnel must provide NMFS with 
advance notification and include information about the event in its 
annual activity reports to NMFS.
    (v) Point St. George Humpback Whale Mitigation Area (July 1-November 
30).
    (A) Surface ship hull-mounted MF1 mid-frequency active sonar. The 
Navy must not use surface ship hull-mounted MF1 mid-frequency active 
sonar during training or testing from July 1 to November 30.
    (B) Explosive Mine Countermeasure and Neutralization testing. The 
Navy must not conduct explosive Mine Countermeasure and Neutralization 
Testing from July 1 to November 30.
    (C) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraphs 
(a)(2)(v)(A) or (B) of this section, Navy personnel must obtain 
permission from the appropriate designated Command authority prior to 
commencement of the activity. Navy personnel must provide NMFS with 
advance notification and include information about the event in its 
annual activity reports to NMFS.
    (vi) Northern Puget Sound Gray Whale Mitigation Area (March 1-May 
31).
    (A) Civilian port defense--homeland security anti-terrorism/force 
protection exercises. The Navy must not conduct Civilian Port Defense-
Homeland Security Anti-Terrorism/Force Protection Exercises from March 1 
to May 31.
    (B) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraph 
(a)(2)(vi)(A) of this section, Navy personnel must obtain permission 
from the appropriate designated Command authority prior to commencement 
of the activity. Navy

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personnel must provide NMFS with advance notification and include 
information about the event in its annual activity reports to NMFS.
    (vii) Puget Sound and Strait of Juan de Fuca Mitigation Area (year-
round unless specified as seasonal).
    (A) Active sonar use. The Navy must not use low-frequency, mid-
frequency, or high-frequency active sonar during training or testing 
within the Puget Sound and Strait of Juan de Fuca Mitigation Area, 
unless a required element (i.e., a criterion necessary for the success 
of the event) necessitates that the activity be conducted in NWTT Inland 
Waters during:
    (1) Unmanned underwater vehicle training.
    (2) Civilian port defense--homeland security anti-terrorism/force 
protection exercises.
    (3) Activities conducted by Naval Sea Systems Command at designated 
locations.
    (4) Pierside sonar maintenance or testing at designated locations.
    (B) Active sonar source levels. The Navy must use the lowest active 
sonar source levels practical to successfully accomplish each event. 
Naval units must obtain permission from the appropriate designated 
Command authority prior to commencing pierside maintenance or testing 
with hull-mounted mid-frequency active sonar.
    (C) Unmanned underwater vehicle training. The Navy must not conduct 
more than one Unmanned Underwater Vehicle Training activity annually at 
the Navy 3 OPAREA, Navy 7 OPAREA, and Manchester Fuel Depot (i.e., a 
maximum of one event at each location).
    (D) Use of explosives--(1) Explosives during testing. The Navy must 
not use explosives during testing.
    (2) Explosives during training. The Navy must not use explosives 
during training except at the Hood Canal EOD Range and Crescent Harbor 
EOD Range during explosive mine neutralization activities involving the 
use of Navy divers.
    (3) Explosives in bin E4 or above. The Navy must not use explosives 
in bin E4 (2.5-5 lb. net explosive weight) or above, and must 
instead use explosives in bin E0 (< 0.1 lb. net explosive weight) or bin 
E3 (0.5-2.5 lb. net explosive weight).
    (4) Explosives in bin E3 during February, March, and April at the 
Hood Canal EOD Range. During February, March, and April at the Hood 
Canal EOD Range, the Navy must not use explosives in bin E3 
(0.5-2.5 lb. net explosive weight), and must instead use 
explosives in bin E0 (< 0.1 lb. net explosive weight).
    (5) Explosives in bin E3 during August, September, and October at 
the Hood Canal EOD Range. During August, September, and October at the 
Hood Canal EOD Range, the Navy must not use explosives in bin E3 
(0.5-2.5 lb. net explosive weight) and must instead use 
explosives in bin E0 (< 0.1 lb. net explosive weight) to the maximum 
extent practical unless necessitated by mission requirements.
    (6) Explosives at the Crescent Harbor EOD Range. At the Crescent 
Harbor EOD Range, the Navy must conduct explosive activities at least 
1,000 m from the closest point of land.
    (E) Non-explosive live fire events. The Navy must not conduct non-
explosive live fire events in the mitigation area (except firing blank 
weapons), including gunnery exercises, missile exercises, torpedo 
exercises, bombing exercises, and Kinetic Energy Weapon Testing.
    (F) Coordination with Navy biologists. Navy event planners must 
coordinate with Navy biologists during the event planning process prior 
to conducting the activities listed in paragraphs (a)(2)(vii)(F)(1), 
(2), (3), and (4) of this section. Navy biologists must work with NMFS 
and must initiate communication with the appropriate marine mammal 
detection networks to determine the likelihood of applicable marine 
mammal species presence in the planned training location. Navy 
biologists must notify event planners of the likelihood of species 
presence. To the maximum extent practical, Navy planners must use this 
information when planning specific details of the event (e.g., timing, 
location, duration) to avoid planning activities in locations or seasons 
where species presence is expected. The Navy must ensure environmental 
awareness of event participants. Environmental awareness will

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help alert participating crews to the possible presence of applicable 
species in the training location. Lookouts must use the information to 
assist visual observation of applicable mitigation zones and to aid in 
the implementation of procedural mitigation. Unmanned Underwater Vehicle 
Training events at the Navy 3 OPAREA, Manchester Fuel Depot, Crescent 
Harbor Explosive Ordnance Disposal Range, and Navy 7 OPAREA must be 
cancelled or moved to another training location if the presence of 
Southern Resident killer whales is reported through available monitoring 
networks during the event planning process, or immediately prior to the 
event, as applicable.
    (1) Unmanned underwater vehicle training. Unmanned Underwater 
Vehicle Training at the Navy 3 OPAREA, Manchester Fuel Depot, Crescent 
Harbor Explosive Ordnance Disposal Range, and Navy 7 OPAREA (for 
Southern Resident killer whales);
    (2) Civilian port defense--homeland security anti-terrorism/force 
protection exercises. Civilian Port Defense--Homeland Security Anti-
Terrorism/Force Protection Exercises (for Southern Resident killer 
whales and gray whales);
    (3) Explosive mine neutralization activities involving the use of 
Navy divers. Explosive mine neutralization activities involving the use 
of Navy divers (for Southern Resident killer whales); and
    (4) Small boat attack exercises. Small Boat Attack Exercises, which 
involve firing blank small-caliber weapons (for Southern Resident killer 
whales and gray whales).
    (G) Seasonal awareness notification messages. The Navy must issue 
annual seasonal awareness notification messages to alert Navy ships and 
aircraft operating within the Puget Sound and Strait of Juan de Fuca 
Mitigation Area to the possible presence of concentrations of Southern 
Resident killer whales from July 1 to November 30 in Puget Sound and the 
Strait of Juan de Fuca, and concentrations of gray whales from March 1 
to May 31 in the Strait of Juan de Fuca and northern Puget Sound. For 
safe navigation and to avoid interactions with large whales, the Navy 
must instruct vessels to remain vigilant to the presence of Southern 
Resident killer whales and gray whales that may be vulnerable to vessel 
strikes or potential impacts from training and testing activities. 
Platforms must use the information from the awareness notification 
messages to assist their visual observation of applicable mitigation 
zones during training and testing activities and to aid in the 
implementation of procedural mitigation.
    (H) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraphs 
(a)(2)(vii)(A), (B), (C), (D), or (E) of this section, Navy personnel 
must obtain permission from the appropriate designated Command authority 
prior to commencement of the activity. Navy personnel must provide NMFS 
with advance notification and include information about the event in its 
annual activity reports to NMFS.
    (3) Availability for Subsistence Use. The Navy must notify the 
following Alaskan Native communities of the issuance of Notices to 
Mariners of Navy operations that involve restricting access in the 
Western Behm Canal at least 72 hours in advance: Central Council of the 
Tlingit and Haida Indian Tribes, Ketchikan Indian Corporation, Organized 
Village of Saxman, and Metlakatla Indian Community, Annette Island 
Reserve.
    (b) [Reserved]



Sec.  218.145  Requirements for monitoring and reporting.

    (a) Notification of take. Navy personnel must notify NMFS 
immediately (or as soon as operational security considerations allow) if 
the specified activity identified in Sec.  218.140 is thought to have 
resulted in the mortality or serious injury of any marine mammals, or in 
any Level A harassment or Level B harassment of marine mammals not 
identified in this subpart.
    (b) Monitoring and reporting under the LOAs. The Navy must conduct 
all monitoring and reporting required under the LOAs, including abiding 
by the U.S. Navy's Marine Species Monitoring Program. Details on program 
goals, objectives, project selection process, and current projects are 
available at www.navymarinespeciesmonitoring.us.

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    (c) Notification of injured, live stranded, or dead marine mammals. 
The Navy must consult the Notification and Reporting Plan, which sets 
out notification, reporting, and other requirements when dead, injured, 
or live stranded marine mammals are detected. The Notification and 
Reporting Plan is available at https://www.fisheries.noaa.gov/ national/ 
marine-mammal-protection/ incidental-take -authorizations-military -
readiness-activities.
    (d) Annual NWTT Study Area marine species monitoring report. The 
Navy must submit an annual report of the NWTT Study Area monitoring, 
which will be included in a Pacific-wide monitoring report including 
results specific to the NWTT Study Area, describing the implementation 
and results from the previous calendar year. Data collection methods 
must be standardized across Pacific Range Complexes including the 
Mariana Islands Training and Testing (MITT), Hawaii-Southern California 
Training and Testing (HSTT), NWTT, and Gulf of Alaska (GOA) Study Areas 
to allow for comparison in different geographic locations. The report 
must be submitted to the Director, Office of Protected Resources, NMFS, 
either within three months after the end of the calendar year, or within 
three months after the conclusion of the monitoring year, to be 
determined by the adaptive management process. NMFS will submit comments 
or questions on the report, if any, within three months of receipt. The 
report will be considered final after the Navy has addressed NMFS' 
comments, or three months after submittal of the draft if NMFS does not 
provide comments on the draft report. This report will describe progress 
of knowledge made with respect to intermediate scientific objectives 
within the NWTT Study Area associated with the Integrated Comprehensive 
Monitoring Program (ICMP). Similar study questions must be treated 
together so that progress on each topic can be summarized across all 
Navy ranges. The report need not include analyses and content that does 
not provide direct assessment of cumulative progress on the monitoring 
plan study questions. This will continue to allow the Navy to provide a 
cohesive monitoring report covering multiple ranges (as per ICMP goals), 
rather than entirely separate reports for the NWTT, HSTT, GOA, and MITT 
Study Areas.
    (e) NWTT Annual Training Exercise Report and Annual Testing Activity 
Report. Each year, the Navy must submit two preliminary reports (Quick 
Look Reports) detailing the status of applicable sound sources within 21 
days after the anniversary of the date of issuance of each LOA to the 
Director, Office of Protected Resources, NMFS. The Navy must also submit 
detailed reports (NWTT Annual Training Exercise Report and Annual 
Testing Activity Report) to the Director, Office of Protected Resources, 
NMFS, within three months after the one-year anniversary of the date of 
issuance of the LOAs. NMFS will submit comments or questions on the 
reports, if any, within one month of receipt. The reports will be 
considered final after the Navy has addressed NMFS' comments, or one 
month after submittal of the draft if NMFS does not provide comments on 
the draft reports. The NWTT Annual Training Exercise Report and Annual 
Testing Activity Report can be consolidated with other exercise and 
activity reports from other range complexes in the Pacific Ocean for a 
single Pacific Training Exercise and Testing Activity Report, if 
desired. The annual reports must contain a summary of all sound sources 
used (total hours or quantity of each bin of sonar or other non-
impulsive source; total annual number of each type of explosive; and 
total annual expended/detonated rounds (missiles, bombs, sonobuoys, 
etc.) for each explosive bin). The annual reports will also contain both 
the current year's sonar and explosive use data as well as cumulative 
sonar and explosive use quantity from previous years' reports. 
Additionally, if there were any changes to the sound source allowance in 
a given year, or cumulatively, the report must include a discussion of 
why the change was made and include analysis to support how the change 
did or did not affect the analysis in the 2020 NWTT FSEIS/OEIS and MMPA 
final rule. The annual report must also include details regarding 
specific requirements associated with the mitigation areas listed in 
Sec.  218.144(a)(2). The final

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annual/close-out report at the conclusion of the authorization period 
(year seven) will serve as the comprehensive close-out report and 
include both the final year annual incidental take compared to annual 
authorized incidental take as well as cumulative seven-year incidental 
take compared to seven-year authorized incidental take. The Annual 
Training Exercise Report and Annual Testing Activity Report must include 
the following information.
    (1) Summary of sources used. This section of the report must include 
the following information summarized from the authorized sound sources 
used in all training and testing events:
    (i) Sonar and other transducers. Total annual hours or quantity (per 
the LOA) of each bin of sonar or other transducers, and
    (ii) Explosives. Total annual expended/detonated ordinance 
(missiles, bombs, sonobuoys, etc.) for each explosive bin.
    (2) [Reserved]
    (f) Annual classified reports. Within the annual classified training 
exercise and testing activity reports, separate from the unclassified 
reports described in paragraphs (a) through (e) of this section, the 
Navy must specifically include the information described in paragraphs 
(f)(1) and (2) of this section.
    (1) Olympic Coast National Marine Sanctuary Mitigation Area. Total 
hours of authorized low-frequency, mid-frequency, and high-frequency 
active sonar (all bins, by bin) used during training and testing 
annually within the Olympic Coast National Marine Sanctuary Mitigation 
Area; and
    (2) Surface ship hull-mounted MF1 mid-frequency active sonar. Total 
hours of surface ship hull-mounted MF1 mid-frequency active sonar used 
in the following mitigation areas:
    (i) Testing annually in three combined areas. Testing annually 
within 20 nmi from shore in the Marine Species Coastal Mitigation Area, 
the Juan de Fuca Eddy Marine Species Mitigation Area, and the Olympic 
Coast National Marine Sanctuary Mitigation Area combined;
    (ii) Stonewall and Heceta Bank Humpback Whale Mitigation Area. 
Training and testing from May 1 to November 30 within the Stonewall and 
Heceta Bank Humpback Whale Mitigation Area; and
    (iii) Point St. George Humpback Whale Mitigation Area. Training and 
testing from July 1 to November 30 within the Point St. George Humpback 
Whale Mitigation Area.
    (g) Final close-out report. The final (year seven) draft annual/
close-out report must be submitted within three months after the 
expiration of this subpart to the Director, Office of Protected 
Resources, NMFS. NMFS will submit comments on the draft close-out 
report, if any, within three months of receipt. The report will be 
considered final after the Navy has addressed NMFS' comments, or three 
months after submittal of the draft if NMFS does not provide comments.



Sec.  218.146  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the Navy must apply for and obtain LOAs in accordance 
with Sec.  216.106 of this chapter.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of this subpart.
    (c) If an LOA expires prior to the expiration date of this subpart, 
the Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, or reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  218.147(c)(1)) required by an 
LOA issued under this subpart, the Navy must apply for and obtain a 
modification of the LOA as described in Sec.  218.147.
    (e) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species and stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (f) Issuance of the LOA(s) must be based on a determination that the 
level of taking is consistent with the findings made for the total 
taking allowable under the regulations in this subpart.

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    (g) Notice of issuance or denial of the LOA(s) will be published in 
the Federal Register within 30 days of a determination.



Sec.  218.147  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.146 for the activity identified in Sec.  218.140(c) may be renewed 
or modified upon request by the applicant, provided that:
    (1) The planned specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOAs were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations or result in no more than a 
minor change in the total estimated number of takes (or distribution by 
species or stock or years), NMFS may publish a notice of planned LOA in 
the Federal Register, including the associated analysis of the change, 
and solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.146 may be modified by NMFS under the following circumstances:
    (1) After consulting with the Navy regarding the practicability of 
the modifications, NMFS may modify (including adding or removing 
measures) the existing mitigation, monitoring, or reporting measures if 
doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of the mitigation and monitoring, as part of an 
adaptive management process.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's monitoring report and annual exercise 
reports from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by this subpart 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 planned LOA in the Federal Register and solicit 
public comment.
    (2) 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 in LOAs issued pursuant to Sec. Sec.  216.106 of this 
chapter and 218.146, 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.



Sec.  218.148  [Reserved]



   Subpart P_Taking and Importing Marine Mammals; U.S. Navy Training 
               Activities in the Gulf of Alaska Study Area

    Effective Date Note: At 88 FR 690, Jan. 4, 2023, subpart P was 
added, effective from Feb. 3, 2023, through Feb. 2, 2030.



Sec.  218.150  Specified activity and geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy (Navy) 
for the taking of marine mammals that occurs in the area described in 
paragraph (b) of this section and that occurs incidental to the 
activities listed in paragraph (c) of this section.
    (b) The Gulf of Alaska (GOA) Study Area is entirely at sea and is 
comprised of three areas: a TMAA, a warning area, and the WMA located 
south and west of the TMAA. The TMAA and WMA are temporary areas 
established within the GOA for ships, submarines, and aircraft to 
conduct training activities. The TMAA is a polygon roughly

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resembling a rectangle oriented from northwest to southeast, 
approximately 300 nautical miles (nmi; 556 km) in length by 150 nmi (278 
km) in width, located south of Montague Island and east of Kodiak 
Island. The warning area overlaps and extends slightly beyond the 
northern corner of the TMAA. The WMA provides an additional 185,806 
nmi\2\ of surface, sub-surface, and airspace training area to support 
activities occurring within the TMAA. The boundary of the WMA follows 
the bottom of the slope at the 4,000 m contour line.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the Navy conducting training activities, 
including:
    (1) Anti-Submarine Warfare; and
    (2) Surface Warfare.



Sec.  218.151  Effective dates and definitions.

    (a) Regulations in this subpart are effective February 3, 2023 
through February 2, 2030.
    (b) In additions to the definitions contained in section 2 of the 
Marine Mammal Protection Act (MMPA), 16 U.S.C. 1362, and Sec.  218.103, 
the following definitions apply to this subpart:
    (1) GOA Study Area means the area described in Sec.  218.150(b).
    (2) TMAA means Temporary Maritime Activities Area, as described in 
Sec.  218.150(b).
    (3) WMA means Western Maneuver Area, as described in Sec.  
218.150(b).
    (4) LOA means a Letter of Authorization issued under Sec. Sec.  
216.106 of this chapter and 218.156.
    (5) MTE means major training exercise.
    (6) Navy means United States Department of the Navy.
    (7) Navy personnel means active-duty and reserve uniformed Navy 
personnel and Navy civil servants.
    (8) Navy contractor means any individual, firm, corporation, 
partnership, association, or other legal non-Federal entity that enters 
into a contract directly with the Navy to furnish services, supplies, or 
construction and is performing or acting in furtherance of those duties.
    (9) Lookout means an individual designated the responsibility of 
visually observing mitigation zones.
    (10) Training activities means military readiness activities 
described in Sec.  218.150.



Sec.  218.152  Permissible methods of taking.

    (a) Under an LOA issued pursuant to Sec. Sec.  216.106 of this 
chapter and 218.156, the Navy may incidentally, but not intentionally, 
take marine mammals within the TMAA only, by Level A harassment and 
Level B harassment associated with the use of active sonar and other 
acoustic sources and explosives, provided the activity is in compliance 
with all terms, conditions, and requirements of this subpart and the 
applicable LOA.
    (b) The incidental take of marine mammals by the activities listed 
in Sec.  218.150(c) is limited to the following species:

                      Table 1 to Sec.   218.152(b)
------------------------------------------------------------------------
           Species                               Stock
------------------------------------------------------------------------
Blue whale...................  Central North Pacific.
Blue whale...................  Eastern North Pacific.
Fin whale....................  Northeast Pacific.
Humpback whale...............  Western North Pacific.
Humpback whale...............  Central North Pacific.
Humpback whale...............  California/Oregon/Washington.
Minke whale..................  Alaska.
North Pacific right whale....  Eastern North Pacific.
Sei whale....................  Eastern North Pacific.
Gray whale...................  Eastern North Pacific.
Killer whale.................  Eastern North Pacific Offshore.
Killer whale.................  Eastern North Pacific Gulf of Alaska,
                                Aleutian Islands, and Bering Sea
                                Transient.
Pacific white-sided dolphin..  North Pacific.
Dall's porpoise..............  Alaska.
Sperm whale..................  North Pacific.
Baird's beaked whale.........  Alaska.
Cuvier's beaked whale........  Alaska.
Stejneger's beaked whale.....  Alaska.

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Northern fur seal............  Eastern Pacific.
Northern fur seal............  California.
Northern elephant seal.......  California.
------------------------------------------------------------------------



Sec.  218.153  Prohibitions.

    (a) Except for incidental takings contemplated in Sec.  218.152(a) 
and authorized by an LOA issued under Sec. Sec.  216.106 of this chapter 
and 218.156, it shall be unlawful for any person to do any of the 
following in connection with the activities listed in Sec.  218.150(c):
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec. Sec.  216.106 
of this chapter and 218.156;
    (2) Take any marine mammal not specified in Sec.  218.152(b);
    (3) Take any marine mammal specified in Sec.  218.152(b) in any 
manner other than as specified in the LOA; or
    (4) Take a marine mammal specified in Sec.  218.152(b) if the 
National Marine Fisheries Service (NMFS) determines such taking results 
in more than a negligible impact on the species or stocks of such marine 
mammal.
    (b) [Reserved]



Sec.  218.154  Mitigation requirements.

    (a) When conducting the activities identified in Sec.  218.150(c), 
the mitigation measures contained in any LOA issued under Sec. Sec.  
216.106 of this chapter and 218.156 must be implemented. If Navy 
contractors are serving in a role similar to Navy personnel, Navy 
contractors will follow the mitigation applicable to Navy personnel. 
These mitigation measures include, but are not limited to:
    (1) Procedural mitigation. Procedural mitigation is mitigation that 
the Navy must implement whenever and wherever an applicable training 
activity takes place within the GOA Study Area for acoustic stressors 
(i.e., active sonar, weapons firing noise), explosive stressors (i.e., 
large-caliber projectiles, bombs), and physical disturbance and strike 
stressors (i.e., vessel movement, towed in-water devices, small-, 
medium-, and large-caliber non-explosive practice munitions, non-
explosive bombs).
    (i) Environmental awareness and education. Appropriate Navy 
personnel (including civilian personnel) involved in mitigation and 
training activity reporting under the specified activities must complete 
the environmental compliance training modules identified in their career 
path training plan, as specified in the LOA.
    (ii) Active sonar. Active sonar includes mid-frequency active sonar 
and high-frequency active sonar. For vessel-based active sonar 
activities, mitigation applies only to sources that are positively 
controlled and deployed from manned surface vessels (e.g., sonar sources 
towed from manned surface platforms). For aircraft-based active sonar 
activities, mitigation applies only to sources that are positively 
controlled and deployed from manned aircraft that do not operate at high 
altitudes (e.g., rotary-wing aircraft). Mitigation does not apply to 
active sonar sources deployed from unmanned aircraft or aircraft 
operating at high altitudes (e.g., maritime patrol aircraft).
    (A) Number of Lookouts and observation platform for hull-mounted 
sources. For hull-mounted sources, the Navy must have one Lookout for 
platforms with space or manning restrictions while underway (at the 
forward part of a small boat or ship) and platforms using active sonar 
while moored or at anchor; and two Lookouts for platforms without space 
or manning restrictions while underway (at the forward part of the 
ship).
    (B) Number of Lookouts and observation platform for sources not 
hull-mounted. For sources that are not hull-mounted, the Navy must have 
one Lookout on the ship or aircraft conducting the activity.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when

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maneuvering on station), Navy personnel must observe the mitigation zone 
for floating vegetation and marine mammals; if floating vegetation or a 
marine mammal is observed, Navy personnel must relocate or delay the 
start of active sonar transmission until the mitigation zone is clear of 
floating vegetation or until the conditions in paragraph (a)(1)(ii)(F) 
of this section are met for marine mammals.
    (D) During the activity for hull-mounted mid-frequency active sonar. 
During the activity, for hull-mounted mid-frequency active sonar, Navy 
personnel must observe the following mitigation zones for marine 
mammals.
    (1) Powerdowns for marine mammals. Navy personnel must power down 
active sonar transmission by 6 dB if a marine mammal is observed within 
1,000 yd (914.4 m) of the sonar source; Navy personnel must power down 
active sonar transmission an additional 4 dB (10 dB total) if a marine 
mammal is observed within 500 yd (457.2 m) of the sonar source.
    (2) Shutdowns for marine mammals. Navy personnel must cease 
transmission if a marine mammal is observed within 200 yd (182.9 m) of 
the sonar source.
    (E) During the activity, for mid-frequency active sonar sources that 
are not hull-mounted, and high-frequency active sonar. During the 
activity, for mid-frequency active sonar (MFAS) sources that are not 
hull-mounted and high-frequency active sonar (HFAS), Navy personnel must 
observe the mitigation zone for marine mammals. Navy personnel must 
cease transmission if a marine mammal is observed within 200 yd (182.9 
m) of the sonar source.
    (F) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing or powering up active sonar transmission) until one of 
the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the sonar source;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 minutes (min) for aircraft-
deployed sonar sources or 30 minutes for vessel-deployed sonar sources;
    (4) Sonar source transit. For mobile activities, the active sonar 
source has transited a distance equal to double that of the mitigation 
zone size beyond the location of the last sighting; or
    (5) Bow-riding dolphins. For activities using hull-mounted sonar, 
the Lookout concludes that dolphins are deliberately closing in on the 
ship to ride the ship's bow wave, and are therefore out of the main 
transmission axis of the sonar (and there are no other marine mammal 
sightings within the mitigation zone).
    (iii) Weapons firing noise. Weapons firing noise associated with 
large-caliber gunnery activities.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on the ship conducting the firing. Depending on the activity, 
the Lookout could be the same as the one provided for in paragraphs 
(a)(1)(iv)(A) and (a)(1)(viii)(A) of this section.
    (B) Mitigation zone. Thirty degrees on either side of the firing 
line out to 70 yd (64 m) from the muzzle of the weapon being fired.
    (C) Prior to activity. Prior to the initial start of the activity, 
Navy personnel must observe the mitigation zone for floating vegetation 
and marine mammals; if floating vegetation or a marine mammal is 
observed, Navy personnel must relocate or delay the start of weapons 
firing until the mitigation zone is clear of floating vegetation or 
until the conditions in paragraph (a)(1)(iii)(E) of this section are met 
for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if a marine mammal is 
observed, Navy personnel must cease weapons firing.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone

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prior to the initial start of the activity (by delaying the start) or 
during the activity (by not recommencing weapons firing) until one of 
the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the firing ship;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 30 min; or
    (4) Firing ship transit. For mobile activities, the firing ship has 
transited a distance equal to double that of the mitigation zone size 
beyond the location of the last sighting.
    (iv) Explosive large-caliber projectiles. Gunnery activities using 
explosive large-caliber projectiles. Mitigation applies to activities 
using a surface target.
    (A) Number of Lookouts and observation platform. One Lookout must be 
on the vessel or aircraft conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described in 
paragraph (a)(1)(iii)(A) of this section. If additional platforms are 
participating in the activity, Navy personnel positioned in those assets 
(e.g., safety observers, evaluators) must support observing the 
mitigation zone for marine mammals while performing their regular 
duties.
    (B) Mitigation zones. 1,000 yd (914.4 m) around the intended impact 
location.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when maneuvering on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of firing until the mitigation zone is clear of 
floating vegetation or until the conditions in paragraph (a)(1)(iv)(E) 
of this section are met for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if a marine mammal is 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location;
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 30 minutes; or,
    (4) Impact location transit. For activities using mobile targets, 
the intended impact location has transited a distance equal to double 
that of the mitigation zone size beyond the location of the last 
sighting.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel positioned on 
these Navy assets must assist in the visual observation of the area 
where detonations occurred.
    (v) Explosive bombs--(A) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft conducting the 
activity. If additional platforms are participating in the activity, 
Navy personnel positioned in those assets (e.g., safety observers, 
evaluators) must support observing the mitigation zone for marine 
mammals while performing their regular duties.
    (B) Mitigation zone. 2,500 yd (2,286 m) around the intended target.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when arriving on station), Navy personnel

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must observe the mitigation zone for floating vegetation and marine 
mammals; if floating vegetation or a marine mammal is observed, Navy 
personnel must relocate or delay the start of bomb deployment until the 
mitigation zone is clear of floating vegetation or until the conditions 
in paragraph (a)(1)(v)(E) of this section are met for marine mammals.
    (D) During activity. During the activity (e.g., during target 
approach), Navy personnel must observe the mitigation zone for marine 
mammals; if a marine mammal is observed, Navy personnel must cease bomb 
deployment.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb deployment) until one of the following conditions 
has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended target;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min; or
    (4) Intended target transit. For activities using mobile targets, 
the intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (F) After activity. After completion of the activity (e.g., prior to 
maneuvering off station), Navy personnel must, when practical (e.g., 
when platforms are not constrained by fuel restrictions or mission-
essential follow-on commitments), observe for marine mammals in the 
vicinity of where detonations occurred; if any injured or dead marine 
mammals are observed, Navy personnel must follow established incident 
reporting procedures. If additional platforms are supporting this 
activity (e.g., providing range clearance), Navy personnel positioned on 
these Navy assets must assist in the visual observation of the area 
where detonations occurred.
    (vi) Vessel movement. The mitigation will not be applied if: the 
vessel's safety is threatened; the vessel is restricted in its ability 
to maneuver (e.g., during launching and recovery of aircraft or landing 
craft, during towing activities, when mooring); the vessel is submerged 
or operated autonomously; or when impractical based on mission 
requirements (e.g., during Vessel Visit, Board, Search, and Seizure 
activities as military personnel from ships or aircraft board suspect 
vessels).
    (A) Number of Lookouts and observation platform. One or more 
Lookouts must be on the underway vessel. If additional watch personnel 
are positioned on the underway vessel, those personnel (e.g., persons 
assisting with navigation or safety) must support observing for marine 
mammals while performing their regular duties.
    (B) Mitigation zone--(1) Whales. 500 yd (457.2 m) around the vessel 
for whales.
    (2) Marine mammals other than whales. 200 yd (182.9 m) around the 
vessel for all marine mammals other than whales (except those 
intentionally swimming alongside or closing in to swim alongside 
vessels, such as bow-riding or wake-riding dolphins).
    (C) When underway. Navy personnel must observe the direct path of 
the vessel and waters surrounding the vessel for marine mammals. If a 
marine mammal is observed in the direct path of the vessel, Navy 
personnel must maneuver the vessel as necessary to maintain the 
appropriate mitigation zone distance. If a marine mammal is observed 
within waters surrounding the vessel, Navy personnel must maintain 
situational awareness of that animal's position. Based on the animal's 
course and speed relative to the vessel's path, Navy personnel must 
maneuver the vessel as necessary to ensure that the appropriate 
mitigation zone distance from the animal continues to be maintained.
    (D) Incident reporting procedures. If a marine mammal vessel strike 
occurs, Navy personnel must follow the established incident reporting 
procedures.
    (vii) Towed in-water devices. Mitigation applies to devices that are 
towed from a manned surface platform or manned aircraft, or when a 
manned support craft is already participating

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in an activity involving in-water devices being towed by unmanned 
platforms. The mitigation will not be applied if the safety of the 
towing platform or in-water device is threatened.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on a manned towing platform or support craft.
    (B) Mitigation zone. 250 yd (228.6 m) around the towed in-water 
device for marine mammals (except those intentionally swimming alongside 
or choosing to swim alongside towing vessels, such as bow-riding or 
wake-riding dolphins).
    (C) During activity. During the activity (i.e., when towing an in-
water device), Navy personnel must observe the mitigation zone for 
marine mammals; if a marine mammal is observed, Navy personnel must 
maneuver to maintain distance.
    (viii) Small-, medium-, and large-caliber non-explosive practice 
munitions. Gunnery activities using small-, medium-, and large-caliber 
non-explosive practice munitions. Mitigation applies to activities using 
a surface target.
    (A) Number of Lookouts and observation platform. One Lookout must be 
positioned on the platform conducting the activity. Depending on the 
activity, the Lookout could be the same as the one described in 
paragraph (a)(1)(iii)(A) of this section.
    (B) Mitigation zone. 200 yd (182.9 m) around the intended impact 
location.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when maneuvering on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of firing until the mitigation zone is clear of 
floating vegetation or until the conditions in paragraph (a)(1)(viii)(E) 
of this section are met for marine mammals.
    (D) During activity. During the activity, Navy personnel must 
observe the mitigation zone for marine mammals; if a marine mammal is 
observed, Navy personnel must cease firing.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting before or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing firing) until one of the following conditions has been 
met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended impact location;
    (3) Clear of additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 minutes for aircraft-based 
firing or 30 minutes for vessel-based firing; or
    (4) Impact location transit. For activities using a mobile target, 
the intended impact location has transited a distance equal to double 
that of the mitigation zone size beyond the location of the last 
sighting.
    (ix) Non-explosive bombs--(A) Number of Lookouts and observation 
platform. One Lookout must be positioned in an aircraft.
    (B) Mitigation zone. 1,000 yd (914.4 m) around the intended target.
    (C) Prior to activity. Prior to the initial start of the activity 
(e.g., when arriving on station), Navy personnel must observe the 
mitigation zone for floating vegetation and marine mammals; if floating 
vegetation or a marine mammal is observed, Navy personnel must relocate 
or delay the start of bomb deployment until the mitigation zone is clear 
of floating vegetation or until the conditions in paragraph 
(a)(1)(ix)(E) of this section are met for marine mammals.
    (D) During activity. During the activity (e.g., during approach of 
the target), Navy personnel must observe the mitigation zone for marine 
mammals and, if a marine mammal is observed, Navy personnel must cease 
bomb deployment.
    (E) Commencement/recommencement conditions after a marine mammal 
sighting prior to or during the activity. Navy personnel must allow a 
sighted marine mammal to leave the mitigation zone prior to the initial 
start of the activity (by delaying the start) or during the activity (by 
not recommencing bomb

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deployment) until one of the following conditions has been met:
    (1) Observed exiting. The animal is observed exiting the mitigation 
zone;
    (2) Thought to have exited. The animal is thought to have exited the 
mitigation zone based on a determination of its course, speed, and 
movement relative to the intended target;
    (3) Clear from additional sightings. The mitigation zone has been 
clear from any additional sightings for 10 min; or
    (4) Intended target transit. For activities using mobile targets, 
the intended target has transited a distance equal to double that of the 
mitigation zone size beyond the location of the last sighting.
    (2) Mitigation areas. In addition to procedural mitigation, Navy 
personnel must implement mitigation measures within mitigation areas to 
avoid or reduce potential impacts on marine mammals.
    (i) North Pacific Right Whale Mitigation Area. Figure 1 to this 
paragraph (a)(2) shows the location of the mitigation area.
    (A) Surface ship hull-mounted MF1 mid-frequency active sonar. From 
June 1-September 30 within the North Pacific Right Whale Mitigation 
Area, Navy personnel must not use surface ship hull-mounted MF1 mid-
frequency active sonar during training.
    (B) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraph 
(a)(2)(i)(A) of this section, Navy personnel must obtain permission from 
the designated Command, U.S. Third Fleet Command Authority, prior to 
commencement of the activity. Navy personnel must provide NMFS with 
advance notification and include information about the event in its 
annual activity reports to NMFS.
    (ii) Continental Shelf and Slope Mitigation Area. Figure 1 to this 
paragraph (a)(2) shows the location of the mitigation area.
    (A) Explosives. During training, Navy personnel must not detonate 
explosives below 10,000 ft. altitude (including at the water surface) in 
the Continental Shelf and Slope Mitigation Area, which extends over the 
continental shelf and slope out to the 4,000 m depth contour within the 
TMAA.
    (B) National security exception. Should national security require 
that the Navy cannot comply with the restrictions in paragraph 
(a)(2)(ii)(A) of this section, Navy personnel must obtain permission 
from the designated Command, U.S. Third Fleet Command Authority, prior 
to commencement of the activity. Navy personnel must provide NMFS with 
advance notification and include information about the event in its 
annual activity reports to NMFS.
    (iii) Pre-event awareness notifications in the Temporary Maritime 
Activities Area. The Navy must issue pre-event awareness messages to 
alert vessels and aircraft participating in training activities within 
the TMAA to the possible presence of concentrations of large whales on 
the continental shelf and slope. Occurrences of large whales may be 
higher over the continental shelf and slope relative to other areas of 
the TMAA. Large whale species in the TMAA include, but are not limited 
to, fin whale, blue whale, humpback whale, gray whale, North Pacific 
right whale, sei whale, and sperm whale. To maintain safety of 
navigation and to avoid interactions with marine mammals, the Navy must 
instruct personnel to remain vigilant to the presence of large whales 
that may be vulnerable to vessel strikes or potential impacts from 
training activities. Additionally, Navy personnel must use the 
information from the awareness notification messages to assist their 
visual observation of applicable mitigation zones during training 
activities and to aid in the implementation of procedural mitigation.

[[Page 329]]

  Figure 1 to Paragraph (a)(2)--Geographic Mitigation Areas for Marine 
                      Mammals in the GOA Study Area
[GRAPHIC] [TIFF OMITTED] TR04JA23.109

    (b) [Reserved]



Sec.  218.155  Requirements for monitoring and reporting.

    (a) Unauthorized take. Navy personnel must notify NMFS immediately 
(or as

[[Page 330]]

soon as operational security considerations allow) if the specified 
activity identified in Sec.  218.150 is thought to have resulted in the 
mortality or serious injury of any marine mammals, or in any Level A 
harassment or Level B harassment of marine mammals not authorized under 
this subpart.
    (b) Monitoring and reporting under the LOA. The Navy must conduct 
all monitoring and reporting required under the LOA, including abiding 
by the U.S. Navy's Marine Species Monitoring Program. Details on program 
goals, objectives, project selection process, and current projects are 
available at www.navymarine species monitoring.us.
    (c) Notification of injured, live stranded, or dead marine mammals. 
Navy personnel must consult the Notification and Reporting Plan, which 
sets out notification, reporting, and other requirements when dead, 
injured, or live stranded marine mammals are detected. The Notification 
and Reporting Plan is available at https://www.fisheries .noaa.gov/ 
national/ marine-mammal -protection/ incidental-take -authorizations -
military-readiness -activities.
    (d) Annual GOA Marine Species Monitoring Report. The Navy must 
submit an annual report of the GOA Study Area monitoring, which will be 
included in a Pacific-wide monitoring report and include results 
specific to the GOA Study Area, describing the implementation and 
results from the previous calendar year. Data collection methods must be 
standardized across Pacific Range Complexes including the Mariana 
Islands Training and Testing (MITT), Hawaii-Southern California Training 
and Testing (HSTT), Northwest Training and Testing (NWTT), and Gulf of 
Alaska (GOA) Study Areas to allow for comparison among different 
geographic locations. The report must be submitted to the Director, 
Office of Protected Resources, NMFS, either within 3 months after the 
end of the calendar year, or within 3 months after the conclusion of the 
monitoring year, to be determined by the adaptive management process. 
NMFS will submit comments or questions on the report, if any, within 3 
months of receipt. The report will be considered final after the Navy 
has addressed NMFS' comments, or 3 months after submittal if NMFS does 
not provide comments on the report. This report will describe progress 
of knowledge made with respect to intermediate scientific objectives 
within the GOA Study Area associated with the Integrated Comprehensive 
Monitoring Program. Similar study questions must be treated together so 
that progress on each topic can be summarized across all Navy ranges. 
The report need not include analyses and content that does not provide 
direct assessment of cumulative progress on the monitoring plan study 
questions. This will continue to allow the Navy to provide a cohesive 
monitoring report covering multiple ranges (as per Integrated 
Comprehensive Monitoring Program goals), rather than entirely separate 
reports for the GOA, NWTT, HSTT, and MITT Study Areas.
    (e) GOA Annual Training Report. Each year in which training 
activities are conducted in the GOA Study Area, the Navy must submit one 
preliminary report (Quick Look Report) to NMFS detailing the status of 
applicable sound sources within 21 days after the completion of the 
training activities in the GOA Study Area. Each year in which activities 
are conducted, the Navy must also submit a detailed report (GOA Annual 
Training Report) to the Director, Office of Protected Resources, NMFS, 
within 3 months after completion of the training activities. NMFS must 
submit comments or questions on the report, if any, within one month of 
receipt. The report will be considered final after the Navy has 
addressed NMFS' comments, or one month after submittal if NMFS does not 
provide comments on the report. The annual reports must contain 
information about the major training exercise (MTE), including the 
information listed in paragraphs (e)(1) and (2) of this section. The 
annual report, which is only required during years in which activities 
are conducted, must also contain cumulative sonar and explosive use 
quantity from previous years' reports through the current year. 
Additionally, if there were any changes to the sound source allowance in 
the reporting year, or cumulatively, the report must include a 
discussion of why the change was made and include analysis to support 
how the change did or

[[Page 331]]

did not affect the analysis in the GOA Final Supplemental Environmental 
Impact Statement/Overseas Environmental Impact Statement (FSEIS/OEIS) 
(https://www.goaeis.com/) and MMPA final rule (88 FR 690, January 4, 
2023). The analysis in the detailed report must be based on the 
accumulation of data from the current year's report and data collected 
from previous annual reports. The final annual/close-out report at the 
conclusion of the authorization period (year seven) will also serve as 
the comprehensive close-out report and include both the final year 
annual use compared to annual authorization as well as a cumulative 7-
year annual use compared to 7-year authorization. This report must also 
note any years in which training did not occur. NMFS must submit 
comments on the draft close-out report, if any, within 3 months of 
receipt. The report will be considered final after the Navy has 
addressed NMFS' comments, or 3 months after the submittal if NMFS does 
not provide comments. Information included in the annual reports may be 
used to inform future adaptive management of activities within the GOA 
Study Area. In addition to the information discussed above, the GOA 
Annual Training Report must include the following information.
    (1) MFAS/HFAS. The Navy must submit the following information for 
the MTE conducted in the GOA Study Area.
    (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 Lookouts.
    (H) Total hours of all active sonar source operation.
    (I) Total hours of each active sonar source bin.
    (J) Wave height (high, low, and average during exercise).
    (ii) Individual marine mammal sighting information for each sighting 
in each exercise where mitigation was implemented. (A) Date/time/
location of sighting.
    (B) Species (if not possible, indication of whale/dolphin/pinniped).
    (C) Number of individuals.
    (D) Initial detection sensor (e.g., sonar or Lookout).
    (E) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel or testing 
platform).
    (F) Length of time observers maintained visual contact with marine 
mammal.
    (G) Sea state.
    (H) Visibility.
    (I) Sound source in use at the time of sighting.
    (J) Indication of whether animal was less than 200 yd (182.9 m), 200 
to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 
to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) 
from sonar source.
    (K) Whether operation of sonar sensor was delayed, or sonar was 
powered or shut down, and how long the delay was.
    (L) If source in use 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).
    (M) Lookouts 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 if any calves present.
    (iii) An evaluation (based on data gathered during all of the MTEs) 
of the effectiveness of mitigation measures designed to minimize the 
received level to which marine mammals may be exposed. This evaluation 
shall identify the specific observations that support any conclusions 
the Navy reaches about the effectiveness of the mitigation.
    (2) Summary of sources used. (i) This section shall include the 
following information summarized from the authorized sound sources used 
in all training events:

[[Page 332]]

    (A) Total hours. Total annual hours or quantity (per the LOA) of 
each bin of sonar or other non-impulsive source; and
    (B) Number of explosives. Total annual number of each type of 
explosive exercises and total annual expended/detonated rounds (bombs, 
large-caliber projectiles) for each explosive bin.
    (f) Pre-event notification. The Navy must coordinate with NMFS prior 
to conducting exercises within the GOA Study Area. This may occur as a 
part of coordination the Navy does with other local stakeholders.



Sec.  218.156  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to this subpart, 
the Navy must apply for and obtain an LOA in accordance with Sec.  
216.106 of this chapter.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of this subpart.
    (c) If an LOA expires prior to the expiration date of this subpart, 
the Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation, monitoring, or reporting (excluding changes made pursuant to 
the adaptive management provision of Sec.  218.157(c)(1)) required by an 
LOA issued under this subpart, the Navy must apply for and obtain a 
modification of the LOA as described in Sec.  218.157.
    (e) Each LOA will set forth:
    (1) Permissible methods of incidental taking;
    (2) Geographic areas for incidental taking;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species and stocks of marine mammals and their 
habitat; and
    (4) Requirements for monitoring and reporting.
    (f) Issuance of the LOA will be based on a determination that the 
level of taking is consistent with the findings made for the total 
taking allowable under this subpart.
    (g) Notice of issuance or denial of the LOA will be published in the 
Federal Register within 30 days of a determination.



Sec.  218.157  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.156 for the activity identified in Sec.  218.150(c) may be renewed 
or modified upon request by the applicant, provided that:
    (1) The planned specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for this subpart (excluding changes made 
pursuant to the adaptive management provision in paragraph (c)(1) of 
this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA were implemented.
    (b) For LOA modification or renewal requests by the applicant that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for this subpart or result in no more than a 
minor change in the total estimated number of takes (or distribution by 
species or stock or years), NMFS may publish a notice of the proposed 
changes to the LOA in the Federal Register, including the associated 
analysis of the change, and solicit public comment before issuing the 
LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.156 may be modified by NMFS under the following circumstances:
    (1) After consulting with the Navy regarding the practicability of 
the modifications, NMFS may modify (including adding or removing 
measures) the existing mitigation, monitoring, or reporting measures if 
doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of the mitigation and monitoring.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or

[[Page 333]]

    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by this subpart or a 
subsequent LOA.
    (ii) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are more than minor, NMFS 
will publish a notice of the proposed changes to the LOA in the Federal 
Register and solicit public comment.
    (2) 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 in LOAs issued pursuant to Sec. Sec.  216.106 of this 
chapter and 218.156, 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.



Sec.  218.158  [Reserved]

Subparts Q-W [Reserved]



Subpart X_Taking and Importing of Marine Mammals; U.S. Navy Surveillance 
   Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar 
   Training and Testing in the Central and Western North Pacific and 
                          Eastern Indian Oceans

    Effective Date Note: At 84 FR 40208, Aug. 13, 2019, subpart X was 
added, effective from Aug. 12, 2019, through Aug. 13, 2026.



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

    Regulations in this subpart apply to the U.S. Navy (Navy) for the 
taking of marine mammals that occurs incidental to the Navy's SURTASS 
LFA sonar training and testing activities under authority of the 
Secretary of the Navy within the central and western North Pacific and 
eastern Indian Oceans (SURTASS LFA Sonar Study Area) (Table 1 to Sec.  
218.230).

 Table 1 to Sec.   218.230--Species/Stocks Proposed for Authorization by
Level B Harassment for the 7-Year Period of the Proposed Rule by SURTASS
                LFA Sonar Training and Testing Activities
------------------------------------------------------------------------
                Species                             Stock \1\
------------------------------------------------------------------------
Antarctic minke whale..................  ANT.
Blue whale.............................  CNP.
                                         NIND.
                                         WNP.
                                         SIND.
Bryde's whale..........................  ECS.
                                         Hawaii.
                                         WNP.
                                         NIND.
                                         SIND.
Common minke whale.....................  Hawaii.
                                         IND.
                                         WNP JW.
                                         WNP OE.
                                         YS.
Fin whale..............................  ECS.
                                         Hawaii.
                                         IND.
                                         SIND.
                                         WNP.
Humpback whale.........................  CNP stock and Hawaii DPS.
                                         WAU stock and DPS.
                                         WNP stock and DPS.
North Pacific right whale..............  WNP.
Omura's whale..........................  NIND.
                                         SIND.
                                         WNP.
Sei whale..............................  Hawaii.
                                         SIND.
                                         NP.
                                         NIND.
Western North Pacific gray whale.......  WNP stock and Western DPS.
Baird's beaked whale...................  WNP.
Blainville's beaked whale..............  Hawaii.

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                                         WNP.
                                         IND.
Common bottlenose dolphin..............  4-Islands.
                                         Hawaii Island.
                                         Hawaii Pelagic.
                                         IA.
                                         IND.
                                         Japanese Coastal.
                                         Kauai/Niihau.
                                         Oahu.
                                         WNP Northern Offshore.
                                         WNP Southern Offshore.
                                         WAU.
Common dolphin.........................  IND.
                                         WNP.
Cuvier's beaked whale..................  Hawaii.
                                         IND.
                                         SH.
                                         WNP.
Dall's porpoise........................  SOJ dalli type.
                                         WNP dalli ecotype.
                                         WNP truei ecotype.
Deraniyagala's beaked whale............  IND.
                                         NP.
Dwarf sperm whale......................  Hawaii.
                                         IND.
                                         WNP.
False killer whale.....................  Hawaii Pelagic.
                                         IA.
                                         IND.
                                         Main Hawaiian Islands Insular
                                          stock and DPS.
                                         Northwestern Hawaiian Islands.
                                         WNP.
Fraser's dolphin.......................  CNP.
                                         Hawaii.
                                         IND.
                                         WNP.
Ginkgo-toothed beaked whale............  IND.
                                         NP.
Harbor porpoise........................  WNP.
Hubbs' beaked whale....................  NP.
Indo-Pacific bottlenose dolphin........  IND.
Killer whale...........................  Hawaii.
                                         IND.
                                         WNP.
Kogia spp..............................  WNP.
Longman's beaked whale.................  Hawaii.
                                         IND.
                                         WNP.
Melon-headed whale.....................  Hawaiian Islands.
                                         IND.
                                         Kohala Resident.
                                         WNP.
Mesoplodon spp.........................  WNP.
Northern right whale dolphin...........  NP.
Pacific white-sided dolphin............  NP.
Pantropical spotted dolphin............  4-Islands.
                                         Hawaii Island.
                                         Hawaiian Pelagic.
                                         IND.
                                         Oahu.
                                         WNP.
Pygmy killer whale.....................  Hawaii.
                                         IND.
                                         WNP.
Pygmy sperm whale......................  Hawaii.
                                         IND.
                                         WNP.
Risso's dolphin........................  Hawaii.
                                         IA.

[[Page 335]]

 
                                         WNP.
                                         IND.
Rough-toothed dolphin..................  Hawaii.
                                         IND.
                                         WNP.
Short-finned pilot whale...............  Hawaii.
                                         IND.
                                         WNP Northern Ecotype.
                                         WNP Southern Ecotype.
Southern bottlenose whale..............  IND.
Spade-toothed beaked whale.............  IND.
Sperm whale............................  Hawaii.
                                         NIND.
                                         NP.
                                         SIND.
Spinner dolphin........................  Hawaii Island.
                                         Hawaii Pelagic.
                                         IND.
                                         Kauai/Niihau.
                                         Kure/Midway Atoll.
                                         Oahu/4-Islands.
                                         Pearl and Hermes Reef.
                                         WNP.
Stejneger's beaked whale...............  WNP.
Striped dolphin........................  Hawaii.
                                         IND.
                                         Japanese Coastal.
                                         WNP Northern Offshore.
                                         WNP Southern Offshore.
Hawaiian monk seal.....................  Hawaii.
Northern fur seal......................  Western Pacific.
Ribbon seal............................  NP.
Spotted seal...........................  Alaska stock/Bering Sea DPS.
                                         Southern stock and DPS.
Steller sea lion.......................  Western/Asian stock and Western
                                          DPS.
------------------------------------------------------------------------
\1\ ANT = Antarctic; CNP = Central North Pacific; NP = North Pacific;
  NIND = Northern Indian; SIND = Southern Indian; IND = Indian; WNP =
  Western North Pacific; ECS = East China Sea; WP = Western Pacific; SOJ
  = Sea of Japan; IA = Inshore Archipelago; WAU = Western Australia; YS
  = Yellow Sea; OE = Offshore Japan; OW = Nearshore Japan; JW = Sea of
  Japan/Minke; JE = Pacific coast of Japan; SH = Southern Hemisphere;
  DPS = distinct population segment.



Sec.  218.231  Effective dates.

    Regulations in this subpart are effective from August 13, 2019, 
through August 12, 2026.



Sec.  218.232  Permissible methods of taking.

    Under a Letter or Letters of Authorization (LOA) issued pursuant to 
Sec. Sec.  216.106 of this chapter and 218.237, the Holder of the LOA 
(hereinafter ``Navy'') may incidentally, but not intentionally, take 
marine mammals within the area described in Sec.  218.230 by Level B 
harassment associated with SURTASS LFA sonar training and testing 
provided the activity is in compliance with all terms, conditions, and 
requirements of the regulations in this subpart and the applicable LOA.



Sec.  218.233  Prohibitions.

    Notwithstanding takings contemplated in Sec.  218.230 and authorized 
by a LOA issued under Sec. Sec.  216.106 of this chapter and 218.237, no 
person in connection with the activities described in Sec.  218.230 may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 218.237;
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than Level B harassment;

[[Page 336]]

    (d) Take any marine mammal specified in the LOA if NMFS makes a 
determination that such taking is having, or may have, more than a 
negligible impact on the species or stocks concerned; or
    (e) Take a marine mammal specified in the LOA if NMFS determines 
such taking is having, or may have, an unmitigable adverse impact on 
availability of the species or stock for taking for subsistence uses.



Sec.  218.234  Mitigation.

    When conducting activities identified in Sec.  218.230, the 
mitigation measures described in this section and in any LOA issued 
under Sec. Sec.  216.106 of this chapter and 218.237 must be 
implemented.
    (a) Personnel training--lookouts. The Navy will utilize one or more 
trained marine biologists qualified in conducting at-sea marine mammal 
visual monitoring to conduct at-sea marine mammal visual monitoring 
training and qualify designated ship personnel to conduct at-sea visual 
monitoring. Training will ensure quick and effective communication 
within the command structure in order to facilitate implementation of 
protective measures if they detect marine mammals and may be 
accomplished either in-person, or via video training.
    (b) General operating procedures. (1) Prior to SURTASS LFA sonar 
activities, the Navy will promulgate executive guidance for the 
administration, execution, and compliance with the environmental 
regulations under these regulations and LOA.
    (2) The Navy must not transmit the SURTASS LFA sonar signal at a 
frequency greater than 500 Hz.
    (c) 2,000-yard LFA sonar mitigation zone; suspension and delay. If a 
marine mammal is detected, through monitoring required under Sec.  
218.235, within or about to enter within 2,000 yards of the SURTASS LFA 
source (i.e., the LFA mitigation zone), the Navy must immediately delay 
or suspend SURTASS LFA sonar transmissions.
    (d) Resumption of SURTASS LFA sonar transmissions. (1) The Holder of 
a LOA may not resume SURTASS LFA sonar transmissions earlier than 15 
minutes after:
    (i) All marine mammals have left the area of the 2,000-yard LFA 
sonar mitigation zone; and
    (ii) There is no further detection of any marine mammal within the 
2,000-yard LFA sonar mitigation zone as determined by the visual, 
passive acoustic, and active acoustic high frequency monitoring 
described in Sec.  218.235.
    (2) [Reserved]
    (e) Ramp-up procedures for the high-frequency marine mammal 
monitoring (HF/M3) sonar required under Sec.  218.235. (1) The Navy must 
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; and
    (ii) Anytime after the HF/M3 source has been powered down for more 
than two minutes.
    (2) The Navy must not increase the HF/M3 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) LFA sonar training and testing activities must be conducted such 
that:
    (i) The received level of SURTASS LFA sonar transmissions will not 
exceed 180 dB re: 1 [micro]Pa rms within 22 km (12 nmi) from any 
emergent land, including offshore islands;
    (ii) The received level of SURTASS LFA sonar transmissions will not 
exceed 180 dB re: 1 [micro]Pa rms at a distance of 1 km (0.5 nmi) 
seaward of the outer perimeter of any Offshore Biologically Important 
Area (OBIA) designated in the Study Area for SURTASS LFA sonar in 
paragraph (f)(2) of this section, or subsequently identified through the 
Adaptive Management process specified in Sec.  218.241, during the 
period specified. The boundaries and periods of such OBIAs will be kept 
on file in NMFS' Office of Protected Resources and on its website at 
https://www.fisheries.noaa.gov/ national/ marine-mammal-protection/ 
incidental-take -authorizations-military -readiness-activities.
    (iii) No more than 25 percent of the authorized amount (transmission

[[Page 337]]

hours) of SURTASS LFA sonar for training and testing will be conducted 
within 10 nmi (18.5 km) of any single OBIA during any year (no more than 
124 hours in years 1-4 and 148 hours in years 5-7) unless the following 
conditions are met: Should national security present a requirement to 
conduct more than 25 percent of authorized hours of SURTASS LFA sonar 
within 10 nmi (18.5 km) of any single OBIA during any year, naval units 
will obtain permission from the appropriate designated Command authority 
prior to commencement of the activity. The Navy will provide NMFS with 
notification as soon as is practicable and include the information 
(e.g., sonar hours) in its annual activity reports submitted to NMFS.
    (iv) No activities with the SURTASS LFA system will occur within 
territorial seas of foreign nations, which are areas from 0 up to 12 nmi 
from shore, depending on the distance that individual nations claim; and
    (v) No activities with the SURTASS LFA sonar system will occur in 
the waters of Penguin Bank, Hawaii (defined as water depth of 600 ft 
(183 m)), and ensonification of Hawaii state waters (out to 3 nmi) will 
not exceed 145 dB re: 1 [micro]Pa rms.
    (2) Offshore Biologically Important Areas (OBIAs) for marine mammals 
(with specified periods) for SURTASS LFA sonar training and testing 
activities include the following (Table 1 to paragraph (f)(2)):

                   Table 1 to Paragraph (f)(2)--Offshore Biologically Important Areas (OBIAs)
----------------------------------------------------------------------------------------------------------------
              OBIA name                          Ocean area                    Effective seasonal period
----------------------------------------------------------------------------------------------------------------
Main Hawaiian Islands................  Central North Pacific........  November to April.
Northwestern Hawaiian Islands........  Central North Pacific........  December to April.
Mariana Islands......................  Western North Pacific........  February to April.
Ryukyu-Philippines...................  Western North Pacific........  January to April.
Ogasawara Islands (Sperm Whale)......  Western North Pacific........  June to September.
Ogasawara-Kazin Islands (Humpback      Western North Pacific........  December to May.
 Whale).
Honshu...............................  Western North Pacific........  January to May.
Southeast Kamchatka..................  Western North Pacific........  June to September.
Gulf of Thailand.....................  Eastern Indian Ocean.........  April to November.
Western Australia (Blue Whale).......  Eastern Indian Ocean.........  May to November.
Western Australia (Humpback Whale)...  Eastern Indian Ocean.........  May to December.
Southern Bali........................  Eastern Indian Ocean.........  October to November.
Swatch-of-No-Ground (SoNG)...........  Northern Bay of Bengal.......  Year-round.
Sri Lanka............................  Eastern Indian Ocean.........  October to April.
----------------------------------------------------------------------------------------------------------------

    (g) Minimization of additional harm to live-stranded (or milling) 
mammals. The Navy must consult the Notification and Reporting Plan, 
which sets out the requirements for when live stranded marine mammals 
are reported in the Study Area. The Stranding and Notification Plan is 
available at: https://www.fisheries.noaa.gov/ action/ incidental-take-
authorization -us-navy-operations -surveillance-towed -array-sensor-
system-0.



Sec.  218.235  Requirements for monitoring.

    (a) The Navy must:
    (1) Conduct visual monitoring from the ship's bridge during all 
daylight hours (30 minutes before sunrise until 30 minutes after 
sunset). During training and testing activities that employ SURTASS LFA 
sonar in the active mode, the SURTASS vessels must have Lookouts to 
maintain a topside watch with standard binoculars (7x) and with the 
naked eye. If the lookout sights a possible marine mammal, the lookout 
will use big-eye binoculars (25x) to confirm the sighting and 
potentially identify the marine mammal species.
    (2) Use the passive SURTASS sonar component to detect vocalizing 
marine mammals; and
    (3) Use the HF/M3 sonar to locate and track marine mammals in 
relation to the SURTASS LFA sonar vessel and the LFA mitigation zone, 
subject to the ramp-up requirements in Sec.  216.234(e) of this chapter.
    (b) Monitoring under paragraph (a) of this section must:

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    (1) Commence at least 30 minutes before the first SURTASS LFA sonar 
training and testing transmission;
    (2) Continue between transmission pings; and
    (3) Continue either for at least 15 minutes after completion of the 
SURTASS LFA sonar training and testing transmission, or, if marine 
mammals are exhibiting unusual changes in behavioral patterns, until 
behavior patterns return to normal or conditions prevent continued 
observations.
    (c) The Navy must designate qualified on-site individuals to conduct 
the mitigation, monitoring, and reporting activities specified in these 
regulations and LOA issued under Sec. Sec.  216.106 of this chapter and 
218.237.
    (d) The Navy must 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.
    (e) The Navy must 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.
    (f) The Navy must conduct all monitoring required under LOAs.



Sec.  218.236  Requirements for reporting.

    (a) The Navy must submit classified and unclassified annual training 
and testing activity reports to the Director, Office of Protected 
Resources, NMFS, no later than 90 days after the end of each year 
covered by the LOA beginning on the date of effectiveness of a LOA. Each 
annual training and testing activity report will include a summary of 
all active-mode training and testing activities completed during that 
year. At a minimum, each classified training and testing activity report 
must contain the following information:
    (1) Dates, times, and location of each vessel during each training 
and testing activity;
    (2) Information on sonar transmissions during each training and 
testing activity;
    (3) Results of the marine mammal monitoring program specified in the 
LOA; and
    (4) Estimates of the percentages of marine mammal species and stocks 
affected (both for the year and cumulatively for each successive year) 
covered by the LOA.
    (b) The seventh annual report must be prepared as a final 
comprehensive report, which will include information for the final year 
as well as the prior six years of activities under the rule. This final 
comprehensive report must also 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, and be submitted to the 
Director, Office of Protected Resources, NMFS as described in this 
paragraph (b).
    (c) 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.
    (d) The Navy must consult the Notification and Reporting Plan, which 
sets out notification, reporting, and other requirements for when dead, 
injured, or live stranded marine mammals are reported in the Study Area. 
The Stranding and Notification Plan is available at: https://
www.fisheries.noaa.gov/ action/ incidental-take-authorization -us-navy-
operations -surveillance-towed -array-sensor-system-0.



Sec.  218.237  Letter of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, Navy must apply for and obtain a Letter of Authorization 
(LOA).
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations,

[[Page 339]]

Navy may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA (excluding changes 
made pursuant to the adaptive management provision of Sec.  218.239), 
the Navy must apply for and obtain a modification of the LOA as 
described in Sec.  218.238.
    (e) The LOA 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 monitoring and reporting.
    (f) Issuance of the LOA 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.
    (g) Notice of issuance or denial of an LOA will be published in the 
Federal Register within thirty days of a determination.



Sec.  218.238  Renewals and modifications of a Letter of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 
218.237 for the activity identified in Sec.  [thinsp]218.230 may be 
renewed or modified upon request by the applicant, provided that:
    (1) The planned specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for the regulations in this subpart 
(excluding changes made pursuant to the adaptive management provision in 
paragraph (c)(1) of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA(s) were implemented.
    (b) For LOA modification or renewal requests by the Navy that 
include changes to the activity or to the mitigation, monitoring, or 
reporting measures (excluding changes made pursuant to the adaptive 
management provision in paragraph (c)(1) of this section) that do not 
change the findings made for the regulations or that do not result in 
more than a minor change in the total estimated number of takes (or 
distribution by species or stock or years), NMFS may publish 
notification of a planned LOA in the Federal Register, including the 
associated analysis of the change, and solicit public comment before 
issuing the LOA.
    (c) An LOA issued under Sec. Sec.  [thinsp]216.106 of this chapter 
and 218.237 may be modified by NMFS under the following circumstances:
    (1) Adaptive management. After consulting with the Navy regarding 
the practicability of the modifications, NMFS may modify (including 
adding or removing measures) the existing mitigation, monitoring, or 
reporting measures if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
include:
    (A) Results from the Navy's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; or
    (C) Any information that reveals marine mammals may have been taken 
in a manner, extent, or number not authorized by the regulations in this 
subpart 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 planned 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 in LOAs issued pursuant to Sec. Sec.  
[thinsp]216.106 of this chapter and 218.237, an LOA may be modified 
without prior notice or opportunity for public comment. Notice would be 
published in the Federal Register within thirty days of the action.

[[Page 340]]



PART 219_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS--
Table of Contents



   Subpart A_Taking Marine Mammals Incidental to Southwest Fisheries 
                    Science Center Fisheries Research

Sec.
219.1 Specified activity and specified geographical region.
219.2 Effective dates.
219.3 Permissible methods of taking.
219.4 Prohibitions.
219.5 Mitigation requirements.
219.6 Requirements for monitoring and reporting.
219.7 Letters of Authorization.
219.8 Renewals and modifications of Letters of Authorization.
219.9-219.10 [Reserved]

Subpart B-C [Reserved]

   Subpart D_Taking Marine Mammals Incidental to Northeast Fisheries 
     Science Center Fisheries Research in the Atlantic Coast Region

219.31 Specified activity and specified geographical region.
219.32 Effective dates.
219.33 Permissible methods of taking.
219.34 Prohibitions.
219.35 Mitigation requirements.
219.36 Requirements for monitoring and reporting.
219.37 Letters of Authorization.
219.38 Renewals and modifications of Letters of Authorization.
219.39-219.40 [Reserved]

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

    Source: 86 FR 3868, Jan. 15, 2021, unless otherwise noted.

    Effective Date Note: At 86 FR 3868, Jan. 15, 2021, part 219 was 
added, effective Jan. 15, 2021, through Jan. 15, 2026.



   Subpart A_Taking Marine Mammals Incidental to Southwest Fisheries 
                    Science Center Fisheries Research



Sec.  219.1  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the National Marine 
Fisheries Service's (NMFS) Southwest Fisheries Science Center (SWFSC) 
and those persons it authorizes or funds to conduct activities on its 
behalf for the taking of marine mammals that occurs in the areas 
outlined in paragraph (b) of this section and that occurs incidental to 
research survey program operations.
    (b) The taking of marine mammals by SWFSC may be authorized in a 
Letter of Authorization (LOA) only if it occurs within the California 
Current Ecosystem (CCE) or Antarctic Marine Living Resources Ecosystem 
(AMLR).



Sec.  219.2  Effective dates.

    Regulations in this subpart are effective from January 15, 2021 
through January 15, 2026.



Sec.  219.3  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
219.7, the Holder of the LOA (hereinafter ``SWFSC'') may incidentally, 
but not intentionally, take marine mammals within the area described in 
Sec.  219.1(b) by Level B harassment associated with use of active 
acoustic systems and physical or visual disturbance of hauled-out 
pinnipeds and by Level A harassment, serious injury, or mortality 
associated with use of fisheries research gear, provided the activity is 
in compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA.



Sec.  219.4  Prohibitions.

    (a) Notwithstanding takings contemplated in Sec.  219.1 and 
authorized by a LOA issued under Sec. Sec.  216.106 of this chapter and 
219.7, no person in connection with the activities described in Sec.  
219.1 may:
    (1) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 219.7;
    (2) Take any marine mammal not specified in such LOA;
    (3) Take any marine mammal specified in such LOA in any manner other 
than as specified;
    (4) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or

[[Page 341]]

    (5) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.
    (b) [Reserved]



Sec.  219.5  Mitigation requirements.

    When conducting the activities identified in Sec.  219.1(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 219.7 must be implemented.
    (a) General conditions. (1) SWFSC must take all necessary measures 
to coordinate and communicate in advance of each specific survey with 
the National Oceanic and Atmospheric Administration's (NOAA) Office of 
Marine and Aviation Operations (OMAO) or other relevant parties on non-
NOAA platforms to ensure that all mitigation measures and monitoring 
requirements described herein, as well as the specific manner of 
implementation and relevant event-contingent decision-making processes, 
are clearly understood and agreed upon.
    (2) SWFSC must coordinate and conduct briefings at the outset of 
each survey and as necessary between ship's crew (Commanding Officer/
master or designee(s), as appropriate) and scientific party in order to 
explain responsibilities, communication procedures, marine mammal 
monitoring protocol, and operational procedures.
    (3) SWFSC must coordinate as necessary on a daily basis during 
survey cruises with OMAO personnel or other relevant personnel on non-
NOAA platforms to ensure that requirements, procedures, and decision-
making processes are understood and properly implemented.
    (4) When deploying any type of sampling gear at sea, SWFSC must at 
all times monitor for any unusual circumstances that may arise at a 
sampling site and use best professional judgment to avoid any potential 
risks to marine mammals during use of all research equipment.
    (5) SWFSC must implement handling and/or disentanglement protocols 
as specified in guidance provided to SWFSC survey personnel.
    (b) Trawl survey protocols. (1) SWFSC must conduct trawl operations 
as soon as is practicable upon arrival at the sampling station.
    (2) SWFSC must initiate marine mammal watches (visual observation) 
at least 15 minutes prior to beginning of net deployment (or for the 
amount of time to travel between stations if less than 15 minutes) but 
must also conduct monitoring during any pre-set activities including CTD 
casts and plankton or bongo net hauls.
    (3) In the CCE, SWFSC must implement the move-on rule mitigation 
protocol, as described in this paragraph. If one or more marine mammals, 
with the exception of baleen whales, are observed within 1 nautical mile 
(nmi) of the planned sampling location during the visual observation 
period, SWFSC must move on to another sampling location. If, after 
moving on, marine mammals remain within 1 nmi, the SWFSC must move again 
or skip the station. SWFSC may use best professional judgment in making 
these decisions but may not elect to conduct trawl survey activity when 
marine mammals other than baleen whales remain within the 1-nmi zone.
    (4) SWFSC must maintain visual monitoring effort during the entire 
period of time that trawl gear is in the water (i.e., throughout gear 
deployment, fishing, and retrieval). If marine mammals are sighted 
before the gear is fully removed from the water, SWFSC must take the 
most appropriate action to avoid marine mammal interaction. SWFSC may 
use best professional judgment in making this decision.
    (5) If trawling operations have been suspended because of the 
presence of marine mammals, SWFSC may resume trawl operations when 
practicable only when the animals are believed to have departed the 1 
nmi area. SWFSC may use best professional judgment in making this 
determination.
    (6) SWFSC must implement standard survey protocols to minimize 
potential for marine mammal interactions, including maximum tow 
durations at target depth and maximum tow distance, and shall carefully 
empty the trawl as quickly as possible upon retrieval. Trawl nets must 
be cleaned prior to deployment.

[[Page 342]]

    (7) SWFSC must install and use a marine mammal excluder device at 
all times when the Nordic 264 trawl net or any other net is used for 
which the device is appropriate.
    (8) SWFSC must install and use acoustic deterrent devices whenever 
any midwater trawl net is used, with two to four devices placed along 
the footrope and/or headrope of the net. SWFSC must ensure that the 
devices are operating properly before deploying the net.
    (c) Pelagic longline survey protocols. (1) SWFSC must deploy 
longline gear as soon as is practicable upon arrival at the sampling 
station.
    (2) SWFSC must initiate marine mammal watches (visual observation) 
no less than 15 minutes (or for the duration of transit between 
locations, if shorter than 15 minutes) prior to both deployment and 
retrieval of longline gear.
    (3) SWFSC must implement the move-on rule mitigation protocol, as 
described in this paragraph. If one or more marine mammals, with the 
exception of groups of five or fewer California sea lions, are observed 
within 1 nmi of the planned sampling location during the visual 
observation period, SWFSC must move on to another sampling location. If, 
after moving on, marine mammals remain within 1 nmi, the SWFSC must move 
again or skip the station. SWFSC may use best professional judgment in 
making these decisions but may not elect to conduct pelagic longline 
survey activity when animals remain within the 1-nmi zone.
    (4) SWFSC must maintain visual monitoring effort during the entire 
period of gear deployment and retrieval. If marine mammals are sighted 
before the gear is fully deployed or retrieved, SWFSC must take the most 
appropriate action to avoid marine mammal interaction. SWFSC may use 
best professional judgment in making this decision.
    (5) If deployment or retrieval operations have been suspended 
because of the presence of marine mammals, SWFSC may resume such 
operations when practicable only when the animals are believed to have 
departed the 1 nmi area. SWFSC may use best professional judgment in 
making this decision.
    (6) SWFSC must implement standard survey protocols, including 
maximum soak durations and a prohibition on chumming.
    (d) Purse seine survey protocols. (1) SWFSC must conduct purse seine 
operations as soon as is practicable upon arrival at the sampling 
station.
    (2) SWFSC must conduct marine mammal watches (visual observation) 
prior to beginning of net deployment.
    (3) SWFSC must implement the move-on rule mitigation protocol, as 
described in this paragraph for use of purse seine gear. If one or more 
killer whales or small cetaceans (i.e., dolphin or porpoise) or five or 
more pinnipeds are observed within 500 m of the planned sampling 
location before setting the purse seine gear, SWFSC must either remain 
onsite or move on to another sampling location. If remaining onsite, the 
set must be delayed. If the animals depart or appear to no longer be at 
risk of interacting with the vessel or gear, a further observation 
period must be conducted. If no further observations are made or the 
animals still do not appear to be at risk of interaction, then the set 
may be made. If the vessel is moved to a different area, the move-on 
rule mitigation protocol would begin anew. If, after moving on, marine 
mammals remain at risk of interaction, the SWFSC must move again or skip 
the station. Marine mammals that are sighted further than 500 m from the 
vessel must be monitored to determine their position and movement in 
relation to the vessel to determine whether the move-on rule mitigation 
protocol should be implemented. SWFSC may use best professional judgment 
in making these decisions.
    (4) SWFSC must maintain visual monitoring effort during the entire 
period of time that purse seine gear is in the water (i.e., throughout 
gear deployment, fishing, and retrieval). If marine mammals are sighted 
before the gear is fully removed from the water, SWFSC must take the 
most appropriate action to avoid marine mammal interaction. SWFSC may 
use best professional judgment in making this decision.
    (5) If purse seine operations have been suspended because of the 
presence

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of marine mammals, SWFSC may resume seine operations when practicable 
only when the animals are believed to have departed the area. SWFSC may 
use best professional judgment in making this determination.
    (6) If any cetaceans are observed in a purse seine net, SWFSC must 
immediately open the net and free the animals.



Sec.  219.6  Requirements for monitoring and reporting.

    (a) Compliance coordinator. SWFSC must designate a compliance 
coordinator who shall be responsible for ensuring compliance with all 
requirements of any LOA issued pursuant to Sec.  216.106 of this chapter 
and Sec.  219.7 and for preparing for any subsequent request(s) for 
incidental take authorization.
    (b) Visual monitoring program. (1) Marine mammal visual monitoring 
must occur prior to deployment of trawl, hook and line, and purse seine 
gear, respectively; throughout deployment of gear and active fishing of 
research gears (not including longline soak time); prior to retrieval of 
longline gear; and throughout retrieval of all research gear.
    (2) Marine mammal watches must be conducted by watch-standers (those 
navigating the vessel and/or other crew) at all times when the vessel is 
being operated.
    (3) SWFSC must monitor any potential disturbance of pinnipeds on 
ice, paying particular attention to the distance at which different 
species of pinniped are disturbed. Disturbance must be recorded 
according to a three-point scale representing increasing seal response 
to disturbance.
    (c) Training. (1) SWFSC must conduct annual training for all chief 
scientists and other personnel who may be responsible for conducting 
dedicated marine mammal visual observations to explain mitigation 
measures and monitoring and reporting requirements, mitigation and 
monitoring protocols, marine mammal identification, completion of 
datasheets, and use of equipment. SWFSC may determine the agenda for 
these trainings.
    (2) SWFSC must also dedicate a portion of training to discussion of 
best professional judgment, including use in any incidents of marine 
mammal interaction and instructive examples where use of best 
professional judgment was determined to be successful or unsuccessful.
    (3) SWFSC must coordinate with NMFS' Northwest Fisheries Science 
Center (NWFSC) regarding surveys conducted in the CCE, such that 
training and guidance related to handling procedures and data collection 
is consistent.
    (d) Handling procedures and data collection. (1) SWFSC must 
implement standardized marine mammal handling, disentanglement, and data 
collection procedures. These standard procedures will be subject to 
approval by NMFS's Office of Protected Resources (OPR).
    (2) When practicable, for any marine mammal interaction involving 
the release of a live animal, SWFSC must collect necessary data to 
facilitate a serious injury determination.
    (3) SWFSC must provide its relevant personnel with standard guidance 
and training regarding handling of marine mammals, including how to 
identify different species, bring an individual aboard a vessel, assess 
the level of consciousness, remove fishing gear, return an individual to 
water, and log activities pertaining to the interaction.
    (4) SWFSC must record such data on standardized forms, which will be 
subject to approval by OPR. SWFSC must also answer a standard series of 
supplemental questions regarding the details of any marine mammal 
interaction.
    (e) Reporting. (1) SWFSC must report all incidents of marine mammal 
interaction to NMFS's Protected Species Incidental Take database within 
48 hours of occurrence and must provide supplemental information to OPR 
upon request. Information related to marine mammal interaction (animal 
captured or entangled in research gear) must include details of survey 
effort, full descriptions of any observations of the animals, the 
context (vessel and conditions), decisions made, and rationale for 
decisions made in vessel and gear handling.
    (2) SWFSC must submit annual reports including:

[[Page 344]]

    (i) An annual summary report to OPR not later than 90 days following 
the end of a given year. SWFSC must provide a final report within 30 
days following resolution of comments on the draft report.
    (ii) These reports must contain, at minimum, the following:
    (A) Annual line-kilometers surveyed during which predominant active 
acoustic sources were used;
    (B) Summary information regarding use of all hook and line, purse 
seine, and trawl gear, including number of sets, hook hours, tows, etc., 
specific to each gear;
    (C) Accounts of all incidents of significant marine mammal 
interactions, including circumstances of the event and descriptions of 
any mitigation procedures implemented or not implemented and why, and, 
for interactions due to use of pelagic longline or purse seine, whether 
the move-on rule was waived due to the presence of five or fewer 
California sea lions;
    (D) Summary information related to any on-ice disturbance of 
pinnipeds, including raw sightings data and the event-specific total 
counts of animals present, counts of reactions according to a three-
point scale of response severity and numbers of takes (differentiated by 
species and age class), the distance at which a pinniped is disturbed 
and the closest point of approach for each disturbance event;
    (E) A written evaluation of the effectiveness of SWFSC mitigation 
strategies in reducing the number of marine mammal interactions with 
survey gear, including best professional judgment and suggestions for 
changes to the mitigation strategies, if any;
    (F) Final outcome of serious injury determinations for all incidents 
of marine mammal interactions where the animal(s) were released alive; 
and
    (G) A summary of all relevant training provided by SWFSC and any 
coordination with NWFSC or NMFS' West Coast Regional Office.
    (f) Reporting of injured or dead marine mammals. (1) In the event 
that personnel involved in the survey activities covered by the 
authorization discover an injured or dead marine mammal, SWFSC must 
report the incident to OPR and to the appropriate West Coast Regional 
Stranding Coordinator as soon as feasible. The report must include the 
following information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.
    (2) In the event of a ship strike of a marine mammal by any vessel 
involved in the activities covered by the authorization, SWFSC must 
report the incident to OPR and to the appropriate West Coast Regional 
Stranding Coordinator as soon as feasible. The report must include the 
following information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Vessel's speed during and leading up to the incident;
    (iv) Vessel's course/heading and what operations were being 
conducted (if applicable);
    (v) Status of all sound sources in use;
    (vi) Description of avoidance measures/requirements that were in 
place at the time of the strike and what additional measures were taken, 
if any, to avoid strike;
    (vii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility) immediately preceding the 
strike;
    (viii) Estimated size and length of animal that was struck;
    (ix) Description of the behavior of the marine mammal immediately 
preceding and following the strike;
    (x) If available, description of the presence and behavior of any 
other marine mammals immediately preceding the strike;
    (xi) Estimated fate of the animal (e.g., dead, injured but alive, 
injured

[[Page 345]]

and moving, blood or tissue observed in the water, status unknown, 
disappeared); and
    (xii) To the extent practicable, photographs or video footage of the 
animal(s).



Sec.  219.7  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, SWFSC must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, SWFSC may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, SWFSC must apply 
for and obtain a modification of the LOA as described in Sec.  219.8.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA shall be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in the 
Federal Register within thirty days of a determination.



Sec.  219.8  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec. Sec.  216.106 of this chapter and 219.7 
for the activity identified in Sec.  219.1(a) shall be renewed or 
modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) OPR determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For an LOA modification or renewal requests by the applicant 
that include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), OPR may publish a notice of proposed LOA in the 
Federal Register, including the associated analysis of the change, and 
solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 219.7 
for the activity identified in Sec.  219.1(a) may be modified by OPR 
under the following circumstances:
    (1) OPR may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with SWFSC 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 SWFSC'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; and 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, OPR will 
publish a notice of proposed LOA in the Federal Register and solicit 
public comment.

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    (2) If OPR determines that an emergency exists that poses a 
significant risk to the well-being of the species or stocks of marine 
mammals specified in LOAs issued pursuant to Sec. Sec.  216.106 of this 
chapter and 219.7, an LOA may be modified without prior notice or 
opportunity for public comment. Notice would be published in the Federal 
Register within thirty days of the action.



Sec.  Sec.  219.9-219.10  [Reserved]

Subparts B-C [Reserved]



   Subpart D_Taking Marine Mammals Incidental to Northeast Fisheries 
     Science Center Fisheries Research in the Atlantic Coast Region

    Source: 86 FR 58467, Oct. 21, 2021, unless otherwise noted.

    Effective Date Note: At 86 FR 58467, Oct. 21, 2021, subpart D was 
added, effective Oct. 21, 2021, through Oct. 21, 2026



Sec.  219.31  Specified activity and specified geographical region.

    (a) This subpart applies only to the National Marine Fisheries 
Service's (NMFS) Northeast Fisheries Science Center and those persons it 
authorizes or funds to conduct activities in the area outlined in 
paragraph (b) of this section during research survey program operations.
    (b) The incidental taking of marine mammals by Northeast Fisheries 
Science Center may be authorized in a Letter of Authorization (LOA) only 
if it occurs within the Northeast and Southeast Large Marine Ecosystem.



Sec.  219.32  Effective dates.

    Regulations in this subpart are effective from October 21, 2021, 
through October 21, 2026.



Sec.  219.33  Permissible methods of taking.

    Under LOAs issued pursuant to Sec. Sec.  216.106 of this chapter and 
219.37, the Holder of the LOA (hereinafter ``NEFSC'') may incidentally, 
but not intentionally, take marine mammals within the area described in 
Sec.  219.31(b) by Level B harassment associated with use of active 
acoustic systems and physical or visual disturbance of hauled out 
pinnipeds and by Level A harassment, serious injury, or mortality 
associated with use of trawl, dredge, bottom and pelagic longline, 
gillnet, pot and trap, and fyke net gears, provided the activity is in 
compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate LOA, provided the 
activity is in compliance with all terms, conditions, and requirements 
of the regulations in this subpart and the appropriate LOA.



Sec.  219.34  Prohibitions.

    Except for takings contemplated in Sec.  219.33 and authorized by a 
LOA issued under Sec. Sec.  216.106 of this chapter and 219.37, it shall 
be unlawful for any person to do any of the following in connection with 
the activities described in Sec.  219.31:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a LOA issued under Sec. Sec.  216.106 of 
this chapter and 219.37;
    (b) Take any marine mammal not specified in such LOA;
    (c) Take any marine mammal specified in such LOA in any manner other 
than as specified;
    (d) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or
    (e) Take a marine mammal specified in such LOA if NMFS determines 
such taking results in an unmitigable adverse impact on the species or 
stock of such marine mammal for taking for subsistence uses.



Sec.  219.35  Mitigation requirements.

    When conducting the activities identified in Sec.  219.31(a), the 
mitigation measures contained in any LOA issued under Sec. Sec.  216.106 
of this chapter and 219.37 must be implemented. These mitigation 
measures must include but are not limited to:
    (a) General conditions. (1) NEFSC must take all necessary measures 
to coordinate and communicate in advance of each specific survey with 
the

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National Oceanic and Atmospheric Administration's (NOAA) Office of 
Marine and Aviation Operations (OMAO) or other relevant parties on non-
NOAA platforms to ensure that all mitigation measures and monitoring 
requirements described herein, as well as the specific manner of 
implementation and relevant event-contingent decision-making processes, 
are clearly understood and agreed upon;
    (2) NEFSC must coordinate and conduct briefings at the outset of 
each survey and as necessary between the ship's crew (Commanding 
Officer/master or designee(s), contracted vessel owners, as appropriate) 
and scientific party or in order to explain responsibilities, 
communication procedures, marine mammal monitoring protocol, and 
operational procedures;
    (3) NEFSC must coordinate as necessary on a daily basis during 
survey cruises with OMAO personnel or other relevant personnel on non-
NOAA platforms to ensure that requirements, procedures, and decision-
making processes are understood and properly implemented;
    (4) When deploying any type of sampling gear at sea, NEFSC must at 
all times monitor for any unusual circumstances that may arise at a 
sampling site and use best professional judgment to avoid any potential 
risks to marine mammals during use of all research equipment;
    (5) All vessels must comply with applicable and relevant take 
reduction plans, including any required use of acoustic deterrent 
devices;
    (6) If a NEFSC vessel 65 ft (19.8 m) or longer is traveling within a 
North Atlantic right whale Seasonal Management Area, the vessel shall 
not exceed 10 knots in speed. When practicable, all NEFSC vessels 
traveling within a Dynamic Management Area or acoustically-triggered 
Slow Zone should not exceed 10 knots in speed;
    (7) All NEFSC vessels shall maintain a separation distance of 500 m 
and 100 m from a North Atlantic right whale and other large whales, 
respectively;
    (8) NEFSC must implement handling and/or disentanglement protocols 
as specified in the guidance provided to NEFSC survey personnel; and
    (9) In the case of a bottlenose dolphin entanglement resulting in 
mortality and stock origin is unknown, the NEFSC must request and 
arrange for expedited genetic sampling for stock determination and 
photograph the dorsal fin and submit the image to the NMFS Regional 
Marine Mammal Stranding Coordinator for identification/matching to 
bottlenose dolphins in the Bottlenose Dolphin Photo-identification 
Catalog.
    (b) Trawl survey protocols. (1) NEFSC must conduct trawl operations 
as soon as is practicable upon arrival at the sampling station;
    (2) NEFSC must initiate marine mammal watches (visual observation) 
15 minutes prior to sampling within 1 nm of the site. Marine mammal 
watches must be conducted by scanning the surrounding waters with the 
naked eye and binoculars (or monocular). During nighttime operations, 
visual observation will be conducted using the naked eye and available 
vessel lighting;
    (3) NEFSC must implement the following ``move-on rule.'' If a marine 
mammal is sighted within 1 nautical mile (nm) of the planned location in 
the 15 minutes before gear deployment, NEFSC may move the vessel away 
from the marine mammal to a different section of the sampling area if 
the animal appears to be at risk of interaction with the gear based on 
best professional judgement. If, after moving on, marine mammals are 
still visible from the vessel, NEFSC may decide to move again or to skip 
the station. NMFS may use best professional judgement in making this 
decision;
    (4) NEFSC must maintain visual monitoring effort during the entire 
period of time that trawl gear is in the water (i.e., throughout gear 
deployment, fishing, and retrieval). If marine mammals are sighted 
before the gear is fully removed from the water, NEFSC must take the 
most appropriate action to avoid marine mammal interaction. NEFSC may 
use best professional judgment in making this decision;
    (5) If trawling operations have been suspended because of the 
presence of marine mammals, NEFSC may resume only after there are no 
sightings for 15 minutes within 1nm of sampling location;

[[Page 348]]

    (6) If deploying bongo plankton or other small net prior to trawl 
gear, NEFSC will continue visual observations until trawl gear is ready 
to be deployed;
    (7) NEFSC must implement standard survey protocols to minimize 
potential for marine mammal interactions. These protocols include, but 
are not limited to:
    (i) Standard tow durations of no more than 30 minutes at target 
depth for distances less than 3 nautical miles (nm). The exceptions to 
the 30-minute tow duration are the Atlantic Herring Acoustic Pelagic 
Trawl Survey and the Deepwater Biodiversity Survey where total time in 
the water (deployment, fishing, and haul-back) is 40 to 60 minutes and 
180 minutes, respectively;
    (ii) Trawl tow distances of no more than 3 nm;
    (iii) Bottom trawl tows will be made in either straight lines or 
following depth contours, whereas other tows targeting fish aggregations 
and deep-water biodiversity tows may be made along oceanographic or 
bathymetric features;
    (iv) Sharp course changes will be avoided in all surveys;
    (v) Open the codend of the net close to the deck/sorting area to 
avoid damage to animals that may be caught in gear; and
    (vi) Gear will be emptied as close to the deck/sorting area and as 
quickly as possible after retrieval; and
    (vii) Trawl nets must be cleaned prior to deployment.
    (c) Dredge survey protocols. (1) NEFSC must deploy dredge gear as 
soon as is practicable upon arrival at the sampling station;
    (2) NEFSC must initiate marine mammal watches (visual observation) 
prior to sampling. Marine mammal watches must be conducted by scanning 
the surrounding waters with the naked eye and binoculars (or monocular). 
During nighttime operations, visual observation must be conducted using 
the naked eye and available vessel lighting;
    (3) NEFSC must implement the following ``move-on rule.'' If marine 
mammals are sighted within 1 nautical mile (nm) of the planned location 
in the 15 minutes before gear deployment, the NEFSC may decide to move 
the vessel away from the marine mammal to a different section of the 
sampling area if the animal appears to be at risk of interaction with 
the gear, based on best professional judgement. If, after moving on, 
marine mammals are still visible from the vessel, NEFSC may decide to 
move again or to skip the station'';
    (4) NEFSC must maintain visual monitoring effort during the entire 
period of time that dredge gear is in the water (i.e., throughout gear 
deployment, fishing, and retrieval). If marine mammals are sighted 
before the gear is fully removed from the water, NEFSC must take the 
most appropriate action to avoid marine mammal interaction. NEFSC may 
use best professional judgment in making this decision;
    (5) If dredging operations have been suspended because of the 
presence of marine mammals, NEFSC may resume operations when practicable 
only when the animals are believed to have departed the area or after 15 
minutes of no sightings. NEFSC may use best professional judgment in 
making this determination; and
    (6) NEFSC must carefully empty the dredge gear as close to the deck/
sorting area and quickly as possible upon retrieval to determine if 
marine mammals are present in the gear.
    (d) Bottom and pelagic longline survey protocols. (1) NEFSC must 
deploy longline gear as soon as is practicable upon arrival at the 
sampling station;
    (2) NEFSC must initiate marine mammal watches (visual observation) 
no less than fifteen minutes prior to both deployment and retrieval of 
the longline gear. Marine mammal watches must be conducted by scanning 
the surrounding waters with the naked eye and binoculars (or monocular). 
During nighttime operations, visual observation must be conducted using 
the naked eye and available vessel lighting;
    (3) NEFSC must implement the following ``move-on rule.'' If marine 
mammals are sighted within 1 nautical mile (nmi) of the planned location 
in the 15 minutes before gear deployment, the NEFSC may decide to move 
the vessel away from the marine mammal to a different section of the 
sampling

[[Page 349]]

area if the animal appears to be at risk of interaction with the gear, 
based on best professional judgement. If, after moving on, marine 
mammals are still visible from the vessel, NEFSC may decide to move 
again or to skip the station;
    (4) For the Apex Predators Bottom Longline Coastal Shark Survey, if 
one or more marine mammals are observed within 1 nautical mile (nm) of 
the planned location in the 15 minutes before gear deployment, NEFSC 
must transit to a different section of the sampling area to maintain a 
minimum set distance of 1 nmi from the observed marine mammals. If, 
after moving on, marine mammals remain within 1 nmi, NEFSC may decide to 
move again or to skip the station. NEFSC may use best professional 
judgment in making this decision but may not elect to conduct pelagic 
longline survey activity when animals remain within the 1-nmi zone;
    (5) NEFSC must maintain visual monitoring effort during the entire 
period of gear deployment or retrieval. If marine mammals are sighted 
before the gear is fully deployed or retrieved, NEFSC must take the most 
appropriate action to avoid marine mammal interaction. NEFSC may use 
best professional judgment in making this decision;
    (6) If deployment or retrieval operations have been suspended 
because of the presence of marine mammals, NEFSC may resume such 
operations after there are no sightings of marine mammals for at least 
15 minutes within 1nm area of sampling location. In no case will 
longlines be deployed if animals are considered at-risk of interaction; 
and
    (7) NEFSC must implement standard survey protocols, including 
maximum soak durations and a prohibition on chumming.
    (e) Gillnet survey protocols. (1) The NEFSC must deploy gillnet gear 
as soon as is practicable upon arrival at the sampling station;
    (2) The NEFSC must initiate marine mammal watches (visual 
observation) prior to both deployment and retrieval of the gillnet gear. 
When the vessel is on station during the soak, marine mammal watches 
must be conducted during the soak by scanning the surrounding waters 
with the naked eye and binoculars (or monocular);
    (3) The NEFSC must implement the following ``move-on rule.'' If 
marine mammals are sighted within 1 nmi of the planned location in the 
15 minutes before gear deployment, the NEFSC and/or its cooperating 
institutions, contracted vessels, or commercially-hired captains, may 
decide to move the vessel away from the marine mammal to a different 
section of the sampling area if the animal appears to be at risk of 
interaction with the gear based on best professional judgement. If, 
after moving on, marine mammals are still visible from the vessel, the 
NEFSC and/or its cooperating institutions, contracted vessels, or 
commercially-hired captains may decide to move again or to skip the 
station;
    (4) If marine mammals are sighted near the vessel during the soak 
and are determined to be at risk of interacting with the gear, then the 
NEFSC must carefully retrieve the gear as quickly as possible. The NEFSC 
may use best professional judgment in making this decision;
    (5) The NEFSC must implement standard survey protocols, including 
continuously monitoring the gillnet gear during soak time and removing 
debris with each pass as the net is reset into the water to minimize 
bycatch;
    (6) The NEFSC must ensure that surveys deploy acoustic pingers on 
gillnets in areas where required for commercial fisheries. NEFSC must 
ensure that the devices are operating properly before deploying the net;
    (7) NEFSC must maintain visual monitoring effort during the entire 
period of gear deployment or retrieval. If marine mammals are sighted 
during the soak and are deemed at risk of interaction, the gillnet must 
be pulled. If fishing operations are halted, operations resume when 
animal(s) have not been sighted within 15 minutes or are determined to 
no longer be at risk. In other instances, the station is moved or 
cancelled;
    (8) NEFSC must ensure that cooperating institutions, contracted 
vessels, or commercially-hired captains conducting gillnet surveys 
adhere to monitoring and mitigation requirements and must include 
required protocols in

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all survey instructions, contracts, and agreements;
    (9) For the COASTSPAN gillnet surveys, the NEFSC will actively 
monitor for potential bottlenose dolphin entanglements by hand-checking 
the gillnet every 30 minutes or if a disturbance in the net is observed. 
In the unexpected case of a bottlenose dolphin entanglement resulting in 
mortality, NEFSC must request and arrange for expedited genetic sampling 
for stock determination. NEFSC must also photograph the dorsal fin and 
submit the image to the NMFS Southeast Stranding Coordinator for 
identification/matching to bottlenose dolphins in the Mid-Atlantic 
Bottlenose Dolphin Photo-Identification Catalog;
    (10) NEFSC must pull gear immediately if disturbance in the nets is 
observed.
    (11) All gillnets will be designed with minimal net slack and excess 
floating and trailing lines will be removed.
    (12) NEFSC will set only new or fully repaired gill nets, and modify 
nets to avoid large vertical gaps between float line and net as well as 
lead line and net when set,
    (13) On Observer Training cruises, acoustic pingers and weak links 
may be used on all gillnets consistent with the regulations and TRPs for 
commercial fisheries. NEFSC must ensure that surveys deploy acoustic 
deterrent devices on gillnets in areas where required for commercial 
fisheries. NEFSC must ensure that the devices are operating properly 
before deploying the net.
    (f) Pot and trap survey protocols. (1) The NEFSC must deploy pot 
gear as soon as is practicable upon arrival at the sampling station;
    (2) The NEFSC must initiate marine mammal watches (visual 
observation) no less than 15 minutes prior to both deployment and 
retrieval of the pot and trap gear. Marine mammal watches must be 
conducted by scanning the surrounding waters with the naked eye and 
binoculars (or monocular). During nighttime operations, visual 
observation must be conducted using the naked eye and available vessel 
lighting;
    (3) The NEFSC and/or its cooperating institutions, contracted 
vessels, or commercially-hired captains must implement the following 
``move-on'' rule. If marine mammals are sighted within 1 nmi of the 
planned location in the 15 minutes before gear deployment, the NEFSC 
and/or its cooperating institutions, contracted vessels, or 
commercially-hired captains, as appropriate, may decide to move the 
vessel away from the marine mammal to a different section of the 
sampling area if the animal appears to be at risk of interaction with 
the gear, based on best professional judgement. If, after moving on, 
marine mammals are still visible from the vessel, the NEFSC may decide 
to move again or to skip the station;
    (4) If marine mammals are sighted near the vessel during the soak 
and are determined to be at risk of interacting with the gear, then the 
NEFSC and/or its cooperating institutions, contracted vessels, or 
commercially-hired captains must carefully retrieve the gear as quickly 
as possible. The NEFSC may use best professional judgment in making this 
decision; and
    (5) The NEFSC must ensure that surveys deploy gear fulfilling all 
pot/trap universal commercial gear configurations such as weak link 
requirements and marking requirements as specified by applicable take 
reduction plans as required for commercial pot/trap fisheries.
    (g) Fyke net gear protocols. (1) NEFSC must conduct fyke net gear 
deployment as soon as is practicable upon arrival at the sampling 
station;
    (2) NEFSC must visually survey the area prior to both deployment and 
retrieval of the fyke net gear. NEFSC must conduct monitoring and 
retrieval of the gear every 12- to 24-hour soak period;
    (3) If marine mammals are in close proximity (approximately 328 feet 
[100 meters]) of the set location, NEFSC must determine if the net 
should be removed from the water and the set location should be moved 
using best professional judgment;
    (4) If marine mammals are observed to interact with the gear during 
the setting, NEFSC must remove the gear from the water and implement 
best handling practices; and
    (5) NEFSC must install and use a marine mammal excluder device at 
all

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times when using fyke nets equal or greater to 2 m.
    (h) Rotary screw trap gear protocols. (1) NEFSC must conduct rotary 
screw trap deployment as soon as is practicable upon arrival at the 
sampling station;
    (2) NEFSC must visually survey the area prior to both setting and 
retrieval of the rotary screw trap gear. If marine mammals are observed 
in the sampling area, NEFSC must suspend or delay the sampling. NEFSC 
may use best professional judgment in making this decision;
    (3) NEFSC must tend to the trap on a daily basis to monitor for 
marine mammal interactions with the gear; and
    (4) If the rotary screw trap captures a marine mammal, NEFSC must 
remove gear and implement best handling practices.



Sec.  219.36  Requirements for monitoring and reporting.

    (a) Compliance coordinator. NEFSC shall designate a compliance 
coordinator who shall be responsible for ensuring compliance with all 
requirements of any LOA issued pursuant to Sec.  216.106 of this chapter 
and Sec.  219.7 and for preparing for any subsequent request(s) for 
incidental take authorization.
    (b) Visual monitoring program. (1) Marine mammal visual monitoring 
must occur prior to deployment of beam, mid-water, and bottom trawl, 
bottom and pelagic longline, gillnet, fyke net, pot, trap, and rotary 
screw trap gear; throughout deployment of gear and active fishing of all 
research gears; and throughout retrieval of all research gear;
    (2) Marine mammal watches must be conducted by watch-standers (those 
navigating the vessel and/or other crew) at all times when the vessel is 
being operated;
    (3) NEFSC must monitor any potential disturbance of pinnipeds on 
ledges, paying particular attention to the distance at which different 
species of pinniped are disturbed. Disturbance must be recorded 
according to a three-point scale of response to disturbance; and
    (4) The NEFSC must continue to conduct a local census of pinniped 
haulout areas prior to conducting any fisheries research in the 
Penobscot River estuary. The NEFSC's census reports must include an 
accounting of disturbance based on the three-point scale of response 
severity metrics.
    (c) Training. (1) NEFSC must conduct annual training for all chief 
scientists and other personnel (including its cooperating institutions, 
contracted vessels, or commercially-hired captains) who may be 
responsible for conducting dedicated marine mammal visual observations 
to explain mitigation measures and monitoring and reporting 
requirements, mitigation and monitoring protocols, marine mammal 
identification, completion of datasheets, and use of equipment. NEFSC 
may determine the agenda for these trainings;
    (2) NEFSC must also dedicate a portion of training to discussion of 
best professional judgment, including use in any incidents of marine 
mammal interaction and instructive examples where use of best 
professional judgment was determined to be successful or unsuccessful; 
and
    (3) NEFSC must coordinate with NMFS' Southeast Fisheries Science 
Center (SEFSC) regarding surveys conducted in the southern portion of 
the Atlantic coast region, such that training and guidance related to 
handling procedures and data collection is consistent.
    (d) Handling procedures and data collection. (1) NEFSC must develop 
and implement standardized marine mammal handling, disentanglement, and 
data collection procedures. These standard procedures will be subject to 
approval by NMFS Office of Protected Resources (OPR);
    (2) When practicable, for any marine mammal interaction involving 
the release of a live animal, NEFSC must collect necessary data to 
facilitate a serious injury determination;
    (3) NEFSC must provide its relevant personnel with standard guidance 
and training regarding handling of marine mammals, including how to 
identify different species, bring/or not bring an individual aboard a 
vessel, assess the level of consciousness, remove fishing gear, return 
an individual to water, and log activities pertaining to the 
interaction; and

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    (4) NEFSC must record such data on standardized forms, which will be 
subject to approval by OPR. The data must be collected at a sufficient 
level of detail (e.g., circumstances leading to the interaction, extent 
of injury, condition upon release) to facilitate serious injury 
determinations under the MMPA.
    (e) Reporting. (i) NEFSC must report all incidents of marine mammal 
interaction to NMFS' Protected Species Incidental Take database within 
48 hours of occurrence. Information related to marine mammal interaction 
(animal captured or entangled in research gear) must include details of 
survey effort, full descriptions of any observations of the animals, the 
context (vessel and conditions), decisions made and rationale for 
decisions made in vessel and gear handling.
    (ii) The NEFSC must submit annual reports. The period of reporting 
will be one year beginning at the date of issuance of the LOA. NEFSC 
must submit an annual summary report to OPR not later than ninety days 
following the end of the reporting period. These reports must contain, 
at minimum, the following:
    (A) Annual line-kilometers surveyed during which the EK60, ME70, 
DSM300 (or equivalent sources) were predominant;
    (B) Summary information regarding use of the following: All trawl 
gear, all longline gear, all gillnet gear, all dredge gear, fyke net 
gear, and rotary screw trap gear (including number of sets, hook hours, 
tows, and tending frequency specific to each gear type);
    (C) Accounts of all incidents of marine mammal interactions, 
including circumstances of the event and descriptions of any mitigation 
procedures implemented or not implemented and why;
    (D) Summary information from the pinniped haulout censuses in the 
and summary information related to any disturbance of pinnipeds, 
including event-specific total counts of animals present, counts of 
reactions according to a three-point scale of response severity, and 
distance of closest approach;
    (E) A written evaluation of the effectiveness of NEFSC mitigation 
strategies in reducing the number of marine mammal interactions with 
survey gear, including best professional judgment and suggestions for 
changes to the mitigation strategies, if any;
    (F) Final outcome of serious injury determinations for all incidents 
of marine mammal interactions where the animal(s) were released alive; 
and
    (G) A summary of all relevant training provided by the NEFSC and any 
coordination with the NMFS Southeast Fishery Science Center, the Greater 
Atlantic Regional Fisheries Office, and the Southeast Regional Office.
    (iii) Reporting of North Atlantic right whales and injured or dead 
marine mammals:
    (A) In the event that the NEFSC observes a North Atlantic right 
whale during a survey, they must report the sighting as soon as possible 
to 866-755-6622 if the sighting occurs in the Northeast region (VA to 
ME) or to 877-WHALE-HELP if the sighting occurs in the Southeast region 
(FL to NC). The NEFSC must also report the sighting to the U.S. Coast 
Guard via Channel 16.
    (B) In the event that the NEFSC discovers an injured or dead marine 
mammal, NEFSC must report the incident to OPR 
([email protected]), 866-755-6622 in the Northeast 
region (VA to ME) and 877-WHALE-HELP in the Southeast region (FL to NC).
    (C) In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a prohibited manner, NEFSC must 
immediately cease such activity until such time as an appropriate 
decision regarding activity continuation can be made by the NEFSC 
Director (or designee). The incident must be immediately reported to the 
contacts in 6(c)(ii). OPR will review the circumstances of the 
prohibited take and work with NEFSC to determine what measures are 
necessary to minimize the likelihood of further prohibited take and 
ensure MMPA compliance. The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    (ii) Species identification (if known) or description of the 
animal(s) involved;

[[Page 353]]

    (iii) Condition of the animal(s) (including carcass condition if the 
animal is dead);
    (iv) Observed behaviors of the animal(s), if alive;
    (v) If available, photographs or video footage of the animal(s); and
    (vi) General circumstances under which the animal was discovered.
    (3) In the event of a ship strike of a marine mammal by any vessel 
involved in the activities covered by the authorization, NEFSC must 
report the incident to OPR and to the appropriate Regional Stranding 
Network as soon as feasible. The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) Species identification (if known) or description of the 
animal(s) involved;
    (iii) Vessel's speed during and leading up to the incident;
    (iv) Vessel's course/heading and what operations were being 
conducted (if applicable);
    (v) Status of all sound sources in use;
    (vi) Description of avoidance measures/requirements that were in 
place at the time of the strike and what additional measures were taken, 
if any, to avoid strike;
    (vii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility) immediately preceding the 
strike;
    (viii) Estimated size and length of animal that was struck;
    (ix) Description of the behavior of the marine mammal immediately 
preceding and following the strike;
    (x) If available, description of the presence and behavior of any 
other marine mammals immediately preceding the strike;
    (xi) Estimated fate of the animal (e.g., dead, injured but alive, 
injured and moving, blood or tissue observed in the water, status 
unknown, disappeared); and
    (xii) To the extent practicable, photographs or video footage of the 
animal(s).



Sec.  219.37  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, NEFSC must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, NEFSC may apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, NEFSC must apply 
for and obtain a modification of the LOA as described in Sec.  219.38.
    (e) The LOA must set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and on the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (f) Issuance of the LOA must be based on a determination that the 
level of taking will be consistent with the findings made for the total 
taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA must be published in the 
Federal Register within 30 days of a determination.



Sec.  219.38  Renewals and modifications of Letters of Authorization.

    (a) A LOA issued under Sec. Sec.  216.106 of this chapter and 219.37 
for the activity identified in Sec.  219.31(a) must be renewed or 
modified upon request by the applicant, provided that:
    (1) The proposed specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) OPR determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For an LOA modification or renewal requests by the applicant 
that

[[Page 354]]

include changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of takes (or distribution by 
species or years), OPR may publish a notice of proposed LOA in the 
Federal Register, including the associated analysis of the change, and 
solicit public comment before issuing the LOA.
    (c) An LOA issued under Sec. Sec.  216.106 of this chapter and 
219.37 for the activity identified in Sec.  219.31(a) may be modified by 
OPR under the following circumstances:
    (1) OPR may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with NEFSC regarding 
the practicability of the modifications) if doing so creates a 
reasonable likelihood of more effectively accomplishing the goals of the 
mitigation and monitoring set forth in the preamble for these 
regulations.
    (i) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA:
    (A) Results from NEFSC's monitoring from the previous year(s);
    (B) Results from other marine mammal and/or sound research or 
studies; and
    (C) Any information that 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, OPR will 
publish a notice of proposed LOA in the Federal Register and solicit 
public comment.
    (2) If OPR determines that an emergency exists that poses a 
significant risk to the well-being of the species or stocks of marine 
mammals specified in Sec.  219.32(b), a 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.



Sec.  Sec.  219.39-219.40  [Reserved]

                           PART 220 [RESERVED]



PART 221_CONDITIONS AND 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 the trial-type hearing and alternatives 
          processes?

                        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 NOAA provide with its 
          preliminary conditions or prescriptions?
221.21 How do I request a hearing?
221.22 How do I file a notice of intervention and response?
221.23 Will hearing requests be consolidated?
221.24 Can a hearing process be stayed to allow for settlement 
          discussions?
221.25 How will NOAA respond to any hearing requests?
221.26 What will the Office of Habitat Conservation do with any hearing 
          requests?
221.27 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?

[[Page 355]]

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 Who has the burden of persuasion, and what standard of proof 
          applies?
221.58 When will the hearing record close?
221.59 What are the requirements for posthearing 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 May I file a revised proposed alternative?
221.73 When will NOAA file its modified condition or prescription?
221.74 How will NOAA analyze a proposed alternative and formulate its 
          modified condition or prescription?
221.75 Has OMB approved the information collection provisions of this 
          subpart?

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

    Source: 80 FR 17207, Mar. 31, 2015, 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 conditions 
and prescriptions that the Department of Commerce (acting through the 
National Oceanic and Atmospheric Administration's (NOAA's) National 
Marine Fisheries Service (NMFS) and other NOAA entities) may develop for 
inclusion in a hydropower license issued under subchapter I of the 
Federal Power Act (FPA), 16 U.S.C. 791 et seq. The authority to develop 
these conditions and prescriptions is granted by FPA sections 4(e) and 
18, 16 U.S.C. 797(e) and 811, which authorize the Secretary of Commerce 
to condition hydropower licenses issued by the Federal Energy Regulatory 
Commission (FERC) and to prescribe fishways.
    (2) The hearing process under this part does not apply to provisions 
that the Department of Commerce may submit to FERC under any authority 
other than FPA section 4(e) and 18, including recommendations under FPA 
section 10(a) or (j), 16 U.S.C. 803(a), (j), or terms and conditions 
under FPA section 30(c), 16 U.S.C. 823a(c).
    (3) The FPA also grants the Department of Agriculture and the 
Department of the Interior the authority to develop mandatory 
conditions, and the Department of the Interior the authority to develop 
mandatory prescriptions, for inclusion in a hydropower license. Where 
the Department of Commerce and either or both of these other Departments 
develop conditions or prescriptions to be included in the same 
hydropower license and where the Departments agree to consolidate the 
hearings under Sec.  221.23:
    (i) A hearing conducted under this part will also address disputed 
issues of material fact with respect to any condition or prescription 
developed by one of the other Departments; or
    (ii) A hearing requested under this part will be conducted by one of 
the other Departments, pursuant to 7 CFR

[[Page 356]]

1.601 et seq. or 43 CFR 45.1 et seq., as applicable.
    (4) The regulations in subparts A and B of this part will be 
construed and applied to each hearing process to achieve a just and 
speedy determination, consistent with adequate consideration of the 
issues involved and the provisions of Sec.  221.60(a).
    (b) Alternatives process. The regulations in subparts A and C of 
this part contain rules of procedure applicable to the submission and 
consideration of alternative conditions and 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 condition deemed necessary by 
NOAA under section 4(e) or a fishway prescribed by NMFS under section 
18.
    (c) Reserved authority. Where NOAA has notified or notifies FERC 
that it is reserving its authority to develop one or more conditions or 
prescriptions at a later time, the hearing and alternatives processes 
under this part for such conditions or prescriptions will be available 
if and when NOAA exercises its reserved authority.
    (d) Applicability. (1) This part applies to any hydropower license 
proceeding for which the license had not been issued as of November 17, 
2005, and for which one or more preliminary conditions or prescriptions 
have been or are filed with FERC before FERC issues the license.
    (2) This part also applies to any exercise of NOAA's reserved 
authority under paragraph (c) of this section with respect to a 
hydropower license issued before or after November 17, 2005.



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 condition or prescription that a license party 
other than NOAA or another Department develops as an alternative to a 
preliminary condition or prescription from NOAA 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 hearing process for NOAA.
    Discovery means a prehearing process for obtaining facts or 
information to assist a party in preparing or presenting its case.
    Ex parte communication means an oral or written communication to the 
ALJ that is made without providing all parties reasonable notice and an 
opportunity to participate.
    FERC means the Federal Energy Regulatory Commission.
    FPA means the Federal Power Act, 16 U.S.C. 791 et seq.
    Intervention means a process by which a person who did not request a 
hearing under Sec.  221.21 can participate as a party to the hearing 
under Sec.  221.22.
    License party means a party to the license proceeding, as that term 
is defined at 18 CFR 385.102(c).
    License proceeding means a proceeding before FERC for issuance of a 
license for a hydroelectric facility under 18 CFR part 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.
    Modified condition or prescription means any modified condition or 
prescription filed by a Department with FERC for inclusion in a 
hydropower license.
    NEPA document means an environmental document as defined at 40 CFR 
1508.10 to include an environmental assessment, environmental impact 
statement (EIS), finding of no significant impact, and notice of intent 
to prepare an EIS. Such documents are issued to comply with the 
requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 
4321 et seq., and the CEQ Regulations Implementing the Procedural 
Requirements of NEPA (40 CFR parts 21500-1508).

[[Page 357]]

    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.
    NOAA means the National Oceanic and Atmospheric Administration, a 
constituent agency of the Department of Commerce, acting by and through 
its Administrator, the Undersecretary of Commerce for Oceans and 
Atmosphere or one of its line offices.
    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 301-427-8601. Facsimile 
number 301-713-4305.
    Party means, with respect to NOAA's hearing process under subpart B 
of this part:
    (1) A license party that has filed a timely request for a hearing 
under:
    (i) Section 221.21; or
    (ii) Either 7 CFR 1.621 or 43 CFR 45.21, with respect to a hearing 
process consolidated under Sec.  221.23;
    (2) A license party that has filed a timely notice of intervention 
and response under:
    (i) Section 221.22; or
    (ii) Either 7 CFR 1.622 or 43 CFR 45.22, with respect to a hearing 
process consolidated under Sec.  221.23;
    (3) NOAA; and
    (4) Any other Department that has filed a preliminary condition or 
prescription, with respect to a hearing process consolidated under Sec.  
221.23.
    Person means an individual; a partnership, corporation, association, 
or other legal entity; an unincorporated organization; and any Federal, 
State, tribal, county, district, territorial, or local government or 
agency.
    Preliminary condition or prescription means any preliminary 
condition or prescription filed by a Department with FERC for potential 
inclusion in a hydropower license.
    Prescription means a fishway prescribed under FPA sec. 18, 16 U.S.C. 
811, to provide for the safe, timely, and effective passage of fish.
    Representative means a person who:
    (1) Is authorized by a party to represent the party in a hearing 
process under this subpart; and
    (2) Has filed an appearance under Sec.  221.10.
    Reservation has the same meaning as the term ``reservations'' in FPA 
sec. 3(2), 16 U.S.C. 796(2).
    Secretary means the Secretary of Commerce or his or her designee.
    Senior Department employee has the same meaning as the term ``senior 
employee'' in 5 CFR 2637.211(a).
    You refers to a party other than a Department.



Sec.  221.3  How are time periods computed?

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

[[Page 358]]

    (B) It would not delay the decision under Sec.  221.60.



Sec.  221.4  What deadlines apply to the trial-type hearing 
and alternatives processes?

    (a) The following table summarizes the steps in the trial-type 
hearing process under subpart B of this part and indicates the deadlines 
generally applicable to each step. If the deadlines in this table are in 
any way inconsistent with the deadlines as set by other sections of this 
part or by the ALJ, the deadlines as set by those other sections or by 
the ALJ control.

----------------------------------------------------------------------------------------------------------------
             Process step                 Process day     Must generally be completed          See section
----------------------------------------------------------------------------------------------------------------
(1) NOAA files preliminary                           0  ..............................  221.20.
 condition(s) or prescription(s) with
 FERC.
(2) License party files request for                 30  Within 30 days after NOAA       221.21(a).
 hearing.                                                files preliminary
                                                         condition(s) or
                                                         prescription(s) with FERC.
(3) Any other license party files                   50  Within 20 days after deadline   221.22(a).
 notice of intervention and response.                    for filing requests for
                                                         hearing.
(4) NOAA may file answer..............              80  Within 50 days after deadline   221.25(a).
                                                         for filing requests for
                                                         hearing.
(5) Office of Habitat Conservation                  85  Within 55 days after deadline   221.26(a).
 refers case to ALJ office for hearing                   for filing requests for
 and issues referral notice to parties.                  hearing.
(6) Parties may meet and agree to                86-91  Before deadline for filing      221.41(a).
 discovery (optional step).                              motions seeking discovery.
(7) ALJ office sends docketing notice,              90  Within 5 days after effective   221.30.
 and ALJ issues notice setting date                      date of referral notice.
 for initial prehearing conference.
(8) Party files motion seeking                      92  Within 7 days after effective   221.41(d).
 discovery from another party.                           date of referral notice.
(9) Other party files objections to                 99  Within 7 days after service of  221.41(e).
 discovery motion or specific portions                   discovery motion.
 of discovery requests.
(10) Parties meet to discuss discovery         100-104  Before date set for initial     221.40(d).
 and hearing schedule.                                   prehearing conference.
(11) ALJ conducts initial prehearing               105  On or about 20th day after      221.40(a).
 conference.                                             effective date of referral
                                                         notice.
(12) ALJ issues order following                    107  Within 2 days after initial     221.40(g).
 initial prehearing conference.                          prehearing conference.
(13) Party responds to interrogatories          120-22  Within 15 days after ALJ's      221.43(c).
 from another party as authorized by                     order authorizing discovery
 ALJ.                                                    during or following initial
                                                         prehearing conference.
(14) Party responds to requests for             120-22  Within 15 days after ALJ's      221.45(c).
 documents, etc., from another party                     order authorizing discovery
 as authorized by ALJ.                                   during or following initial
                                                         prehearing conference.
(15) Parties complete all discovery,               130  Within 25 days after initial    221.41(i).
 including depositions, as authorized                    prehearing conference.
 by ALJ.
(16) Parties file updated lists of                 140  Within 10 days after deadline   221.42(b).
 witnesses and exhibits.                                 for completion of discovery.
(17) Parties file written direct                   140  Within 10 days after deadline   221.52(a).
 testimony.                                              for completion of discovery.
(18) Parties complete prehearing                   155  Within 25 days after deadline   221.50(a).
 preparation and ALJ commences hearing.                  for completion of discovery.
(19) ALJ closes hearing record........             160  When ALJ closes hearing.......  221.58.
(20) Parties file post-hearing briefs.             175  Within 15 days after hearing    221.59(a).
                                                         closes.
(21) ALJ issues decision..............             190  Within 30 days after hearing    221.60(a).
                                                         closes.
----------------------------------------------------------------------------------------------------------------

    (b) The following table summarizes the steps in the alternatives 
process under subpart C of this part and indicates the deadlines 
generally applicable to each step. If the deadlines in this table are in 
any way inconsistent with the deadlines as set by other sections of this 
part, the deadlines as set by those other sections control.

----------------------------------------------------------------------------------------------------------------
             Process step                 Process day     Must generally be completed          See section
----------------------------------------------------------------------------------------------------------------
(1) NOAA files preliminary                           0  ..............................  221.20.
 condition(s) or prescription(s) with
 FERC.
(2) License party files alternative                 30  Within 30 days after NOAA       221.71(a).
 condition(s) or prescription(s).                        files preliminary
                                                         condition(s) or
                                                         prescription(s) with FERC.
(3) ALJ issues decision on any hearing             190  Within 30 days after hearing    221.60(a).
 request.                                                closes (see previous table).

[[Page 359]]

 
(4) License party files revised                    210  Within 20 days after ALJ        221.72(a).
 alternative condition(s) or                             issues decision.
 prescription(s) if authorized.
(5) NOAA files modified condition(s)               300  Within 60 days after the        221.73(a).
 or prescription(s) with FERC.                           deadline for filing comments
                                                         on FERC's draft NEPA document.
----------------------------------------------------------------------------------------------------------------



                        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 agent, 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. An individual representing himself or herself and 
any other representative must file a notice of appearance. The notice 
must:
    (1) Meet the form and content requirements for documents under Sec.  
221.11;
    (2) Include the name and address of the party on whose behalf the 
appearance is made;
    (3) If the representative is an attorney, include a statement that 
he or she is a member in good standing of the bar of the highest court 
of a state, the District of Columbia, or any territory or commonwealth 
of the United States (identifying which one); and
    (4) If the representative is not an attorney, include a statement 
explaining his or her authority to represent the entity.
    (d) Lead representative. If a party has more than one 
representative, the ALJ may require the party to designate a lead 
representative for service of documents under Sec.  221.13.
    (e) 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 (except that service 
copies may be printed on both sides of the page);
    (3) Be clearly typewritten, printed, or otherwise reproduced by a 
process that yields legible and permanent copies;
    (4) Use 11 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.

[[Page 360]]

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 NOAA refers a case for docketing under Sec.  221.26, any 
documents must be filed with the Office of Habitat Conservation. The 
Office of Habitat Conservation's address, telephone number, and 
facsimile number are set forth in Sec.  221.2.
    (2) NOAA will notify the parties of the date on which it refers a 
case for docketing under Sec.  221.26. After that date, any documents 
must be filed with:
    (i) The Department of Commerce's designated ALJ office, if the 
Department of Commerce will be conducting the hearing. The name, 
address, telephone number, and facsimile number of the designated ALJ 
office will be provided in the referral notice from NOAA; or
    (ii) The hearings component of or used by another Department, if 
that Department will be conducting the hearing. The name, address, 
telephone number, and facsimile number of the appropriate hearings 
component will be provided in the referral notice from NOAA.
    (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 and two copies;
    (ii) By sending the original document and two copies by express mail 
or courier service; 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 and two copies are sent by regular 
mail on the same day.
    (2) Parties are encouraged, and may be required by the ALJ, to 
supplement any filing by providing the appropriate office with an 
electronic copy of the document on compact disc or other suitable media. 
With respect to any supporting material accompanying a request for 
hearing, a notice of intervention and response, or an answer, the party 
may submit in lieu of an original and two hard copies:
    (i) An original; and
    (ii) One copy on a compact disc or other suitable media.
    (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.



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

    (a) Filed documents. Any document related to a case under this 
subpart must be served at the same time the document is delivered or 
sent for filing. Copies must be served as follows:
    (1) A complete copy of any request for a hearing under Sec.  221.21 
must be delivered or sent to FERC and each license party, using one of 
the methods of service in paragraph (c) of this section or under 18 CFR 
385.2010(f)(3) for license parties that have agreed to receive 
electronic service.
    (2) A complete copy of any notice of intervention and response under 
Sec.  221.22 must be:
    (i) Delivered or sent to FERC, the license applicant, any person who 
has filed a request for hearing under Sec.  221.21, and NOAA, using one 
of the

[[Page 361]]

methods of service in paragraph (c) of this section; and
    (ii) Delivered or sent to any other license party using one of the 
methods of service in paragraph (c) of this section or under 18 CFR 
385.2010(f)(3) for license parties that have agreed to receive 
electronic service, or by regular mail.
    (3) A complete copy of any answer or notice under Sec.  221.25 and 
any other document filed by any party to the hearing process must be 
delivered or sent on every other party to the hearing process, 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. Unless otherwise agreed to by the parties and 
ordered by the ALJ, 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 means if the party to be served has consented to that means 
of service in writing. However, if the serving party learns that the 
document did not reach the party to be served, the serving party must 
re-serve the document by another method set forth in paragraph (c) of 
this section (including another electronic means, if the party to be 
served has consented to that means in writing).
    (d) 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 NOAA provide 
with its preliminary conditions or prescriptions?

    (a) Supporting information. (1) When NOAA files a preliminary 
condition or prescription with FERC, it must include a rationale for the 
condition or prescription and an index to NOAA'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, NOAA must:
    (i) File them with FERC at the time it files the preliminary 
condition or prescription;
    (ii) Provide copies to the license applicant; and
    (b) Service. NOAA will serve a copy of its preliminary condition or 
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 preliminary condition or prescription filed by 
NOAA, you must:
    (1) Be a license party; and
    (2) File with the Office of Habitat Conservation, at the address 
provided in Sec.  221.2, a written request for a hearing:
    (i) For a case under Sec.  221.1(d)(1), within 30 days after NOAA 
files a preliminary condition or prescription with FERC; or
    (ii) For a case under Sec.  221.1(d)(2), within 60 days after NOAA 
files a preliminary condition or prescription 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;

[[Page 362]]

    (2) The following information with respect to each issue:
    (i) The specific factual statements made or relied upon by NOAA 
under Sec.  221.20(a) that you dispute;
    (ii) The basis for your opinion that those factual statements are 
unfounded or erroneous; and
    (iii) The basis for your opinion that any factual dispute is 
material.
    (3) 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; and
    (4) A statement indicating whether or not you consent to service by 
electronic means under Sec.  221.13(c)(4) and, if so, by what means.
    (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, at the address 
provided in Sec.  221.2, a notice of intervention and a written response 
to any request for a hearing within 20 days after the deadline in Sec.  
221.21(a)(2).
    (2) A notice of intervention and response must be limited to one or 
more of the issues of material fact raised in the hearing request and 
may not raise additional issues.
    (b) Content. In your notice of intervention and response you must 
explain your position with respect to the issues of material fact raised 
in the hearing request under Sec.  221.21(b).
    (1) If you agree with the information provided by NOAA under Sec.  
221.20(a) or by the requester under Sec.  221.21(b), your response may 
refer to NOAA's explanation or the requester's hearing request for 
support.
    (2) If you wish to rely on additional information or analysis, your 
response must provide the same level of detail with respect to the 
additional information or analysis as required under Sec.  221.21(b).
    (3) Your notice of intervention and response must also indicate 
whether or not you consent to service by electronic means under Sec.  
221.13(c)(4) and, if so, by what means.
    (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 (excluding 
citations to scientific studies, literature, and other documented 
information supporting your opinions) may not exceed two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.



Sec.  221.23  Will hearing requests be consolidated?

    (a) Initial Department coordination. If NOAA has received a copy of 
a hearing request, it must contact the other Departments and determine:

[[Page 363]]

    (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 Department has also received a hearing 
request with respect to the preliminary condition or prescription.
    (b) Decision on consolidation. Where more than one Department has 
received a hearing request, the Departments involved must decide 
jointly:
    (1) Whether the cases should be consolidated for hearing under 
paragraphs (c)(3)(ii) through (c)(3)(iv) of this section; and
    (2) 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 conditions from the 
same Department will be consolidated for hearing.
    (2) All hearing requests with respect to any prescriptions from the 
same Department will be consolidated for hearing.
    (3) All or any portion of the following may be consolidated for 
hearing, if the Departments involved determine that there are common 
issues of material fact or that consolidation is otherwise appropriate:
    (i) Two or more hearing requests with respect to any condition and 
any prescription from the same Department;
    (ii) Two or more hearing requests with respect to conditions from 
different Departments;
    (iii) Two or more hearing requests with respect to prescriptions 
from different Departments; or
    (iv) Two or more hearing requests with respect to any condition from 
one Department and any prescription from another Department.



Sec.  221.24  Can a hearing process be stayed 
to allow for settlement discussions?

    (a) Prior to referral to the ALJ, the hearing requester and NOAA may 
by agreement stay the hearing process under this subpart for a period 
not to exceed 120 days to allow for settlement discussions, if the stay 
period and any subsequent hearing process (if required) can be 
accommodated within the time frame established for the license 
proceeding.
    (b) Any stay of the hearing process will not affect the deadline for 
filing a notice of intervention and response, if any, pursuant to Sec.  
221.22(a)(1)(ii).



Sec.  221.25  How will NOAA respond to any hearing requests?

    (a) General. Within 50 days after the deadline in Sec.  221.21(a)(2) 
or 30 days after the expiration of any stay period under Sec.  221.24, 
whichever is later, NOAA may file with the Office of Habitat 
Conservation an answer to any hearing request under Sec.  221.21.
    (b) Content. If NOAA files an answer:
    (1) For each of the numbered factual issues listed under Sec.  
221.21(b)(1), the answer must explain NOAA'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 NOAA is willing to stipulate to the facts as alleged by the 
requester;
    (ii) That NOAA believes the issue listed by the requester is not a 
factual issue, explaining the basis for such belief;
    (iii) That NOAA believes the issue listed by the requester is not 
material, explaining the basis for such belief; or
    (iv) That NOAA agrees that the issue is factual, material, and in 
dispute.
    (2) The answer must also indicate whether the hearing request will 
be consolidated with one or more other hearing requests under Sec.  
221.23 and, if so:
    (i) Identify any other hearing request that will be consolidated 
with this hearing request; and
    (ii) State which Department will conduct the hearing and provide 
contact information for the appropriate Department hearings component.
    (3) If NOAA plans to rely on any scientific studies, literature, and 
other documented information that are not already in the license 
proceeding record, it must provide a copy with its answer.
    (4) The answer must also indicate whether or not NOAA consents to 
service by electronic means under Sec.  221.13(c)(4) and, if so, by what 
means.

[[Page 364]]

    (c) Witnesses and exhibits. NOAA'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, NOAA 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, NOAA 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 NOAA elects not to file an answer 
to a hearing request:
    (1) NOAA is deemed to agree that the issues listed by the requester 
are factual, material, and in dispute;
    (2) NOAA may file a list of witnesses and exhibits with respect to 
the request only as provided in Sec.  221.42(b); and
    (3) NOAA must file a notice containing the information required by 
paragraph (b)(2) of this section, if the hearing request will be 
consolidated with one or more other hearing requests under Sec.  221.23, 
and the statement required by paragraph (b)(4) of this section.



Sec.  221.26  What will the Office of Habitat Conservation do 
with any hearing requests?

    (a) Case referral. Within 55 days after the deadline in Sec.  
221.21(a)(2) or 35 days after the expiration of any stay period under 
Sec.  221.24, whichever is later, the Office of Habitat Conservation 
will refer the case for a hearing as follows:
    (1) If the hearing is to be conducted by NOAA, the Office of Habitat 
Conservation will refer the case to the Department of Commerce's 
designated ALJ office.
    (2) If the hearing is to be conducted by another Department, the 
Office of Habitat Conservation will refer the case to the hearings 
component used by that Department.
    (b) Content. The case referral will consist of the following:
    (1) Two copies of any preliminary condition or prescription under 
Sec.  221.20;
    (2) The original and one copy of any hearing request under Sec.  
221.21;
    (3) The original and one copy of any notice of intervention and 
response under Sec.  221.22;
    (4) The original and one copy of any answer under Sec.  221.25; and
    (5) The original and one copy of a referral notice under paragraph 
(c) of this section.
    (c) Notice. At the time the Office of Habitat Conservation 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 effective date of the case referral to the appropriate 
Department hearings component.
    (d) Delivery and service. (1) The Office of Habitat Conservation 
must refer the case to the appropriate Department hearings component by 
one of the methods identified in Sec.  221.12(b)(1)(i) and (b)(1)(ii).
    (2) The Office of Habitat Conservation must serve a copy of the 
referral notice on FERC and each party to the hearing by one of the 
methods identified in Sec.  221.13(c)(1) and (c)(2).



Sec.  221.27  What regulations apply to a case referred for a hearing?

    (a) If the Office of Habitat Conservation 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 the Office of Habitat Conservation 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.

[[Page 365]]

    (c) If the Office of Habitat Conservation 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 the effective date stated in the referral notice 
under Sec.  221.26(c)(4), 43 CFR 45.26(c)(4), or 7 CFR 1.626(c)(4):
    (a) The Department of Commerce's designated ALJ office must:
    (1) Docket the case;
    (2) Assign an ALJ to preside over the hearing process and issue a 
decision; and
    (3) Issue a docketing notice that informs the parties of the docket 
number and the ALJ assigned to the case; and
    (b) The ALJ must issue a notice setting the time, place, and method 
for conducting an initial prehearing conference under Sec.  221.40. This 
notice may be combined with the docketing notice under paragraph (a)(3) 
of this section.



Sec.  221.31  What are the powers of the ALJ?

    The ALJ will have all powers necessary to conduct a fair, orderly, 
expeditious, and impartial hearing process relating to NOAA's or any 
other Department's condition or prescription that has been referred to 
the ALJ for hearing, including the powers to:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas under Sec.  221.47;
    (c) Shorten or enlarge time periods set forth in these regulations, 
except that the deadline in Sec.  221.60(a)(2) can be extended only if 
the ALJ must be replaced under Sec.  221.32 or 221.33;
    (d) Rule on motions;
    (e) Authorize discovery as provided for in this subpart;
    (f) Hold hearings and conferences;
    (g) Regulate the course of hearings;
    (h) Call and question witnesses;
    (i) Exclude any person from a hearing or conference for misconduct 
or other good cause;
    (j) Summarily dispose of any hearing request or issue as to which 
the ALJ determines there is no disputed issue of material fact;
    (k) Issue a decision consistent with Sec.  221.60(b) regarding any 
disputed issue of material fact; and
    (l) Take any other action authorized by law.



Sec.  221.32  What happens if the ALJ becomes unavailable?

    (a) If the ALJ becomes unavailable or otherwise unable to perform 
the duties described in Sec.  221.31, the Department of Commerce's 
designated ALJ office will 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.

[[Page 366]]



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 under Sec.  221.30.
    (1) A motion made at a hearing may be stated orally on the record, 
unless the ALJ directs that it be reduced to writing.
    (2) Any other motion must:
    (i) Be in writing;
    (ii) Comply with the requirements of this subpart with respect to 
form, content, filing, and service; and
    (iii) Not exceed 15 pages, including all supporting arguments.
    (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, any other 
party may file a response to a written motion within 10 days after 
service of the motion. The response may not exceed 15 pages, including 
all supporting arguments. When a party presents a motion at a hearing, 
any other party may present a response orally on the record.
    (d) Reply. Unless the ALJ orders otherwise, no reply to a response 
may be filed.
    (e) Effect of filing. Unless the ALJ orders otherwise, the filing of 
a motion does not stay the hearing process.
    (f) Ruling. The ALJ will rule on the motion as soon as practicable, 
either orally on the record or in writing. He or she may summarily deny 
any dilatory, repetitive, or frivolous motion.

                  Prehearing Conferences and Discovery



Sec.  221.40  What are the requirements for prehearing conferences?

    (a) Initial prehearing conference. The ALJ will conduct an initial 
prehearing conference with the parties at the time specified in the 
notice under Sec.  221.30, on or about the 20th day after the effective 
date stated in the referral notice under Sec.  221.26(c)(4), 7 CFR 
1.626(c)(4), or 43 CFR 45.26(c)(4).
    (1) The initial prehearing conference will be used:
    (i) To identify, narrow, and clarify the disputed issues of material 
fact and exclude issues that do not qualify for review as factual, 
material, and disputed;
    (ii) To consider the parties' motions for discovery under Sec.  
221.41 and to set a deadline for the completion of discovery;
    (iii) To discuss the evidence on which each party intends to rely at 
the hearing;
    (iv) To set deadlines for submission of written testimony under 
Sec.  221.52 and exchange of exhibits to be offered as evidence under 
Sec.  221.54; 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.

[[Page 367]]

    (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 to discuss all issues pertinent to that party that are 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 as provided in Sec.  221.43;
    (2) Depositions of witnesses 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 during a prehearing conference or in a 
written order under Sec.  221.40(g). The ALJ may authorize discovery 
only if the party requesting discovery demonstrates:
    (1) That the discovery will not unreasonably delay the hearing 
process;
    (2) That the information sought:
    (i) Will be admissible at the hearing or appears reasonably 
calculated to lead to the discovery of admissible evidence;
    (ii) Is not already in the license proceeding record or otherwise 
obtainable by the party;
    (iii) Is not cumulative or repetitious; and
    (iv) Is not privileged or protected from disclosure by applicable 
law;
    (3) That the scope of the discovery is not unduly burdensome;
    (4) That the method to be used is the least burdensome method 
available;
    (5) That any trade secrets or proprietary information can be 
adequately safeguarded; and
    (6) That the standards for discovery under paragraphs (f) through 
(h) of this section have been met, if applicable.
    (c) Motions. A party may initiate discovery:
    (1) Pursuant to an agreement of the parties; or
    (2) By filing a motion that:
    (i) Briefly describes the proposed method(s), purpose, and scope of 
the discovery;
    (ii) Explains how the discovery meets the criteria in paragraphs 
(b)(1) through (b)(6) of this section; and
    (iii) Attaches a copy of any proposed discovery request (written 
interrogatories, notice of deposition, or request for production of 
designated documents or tangible things or for entry on designated 
land).
    (d) Timing of motions. A party must file any discovery motion under 
paragraph (c)(2) of this section within 7 days after the effective date 
stated in the referral notice under Sec.  221.26(c)(4), 7 CFR 
1.626(c)(4), or 43 CFR 45.26(c)(4).
    (e) Objections. (1) A party must file any objections to a discovery 
motion or to specific portions of a proposed

[[Page 368]]

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 through the methods set out in 
paragraph (a) of this section 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 an expert or 
non-expert witness only if the party shows that the witness:
    (i) Will be unable to attend the hearing because of age, illness, or 
other incapacity; or
    (ii) Is unwilling to attend the hearing voluntarily, and the party 
is unable to compel the witness's attendance at the hearing by subpoena.
    (2) Paragraph (h)(1)(ii) of this section does not apply to any 
person employed by or under contract with the party seeking the 
deposition.
    (3) A party may depose a senior Department employee only if the 
party shows:
    (i) That the employee's testimony is necessary in order to provide 
significant, unprivileged information that is not available from any 
other source or by less burdensome means; and
    (ii) That the deposition would not significantly interfere with the 
employee's ability to perform his or her government duties.
    (4) Unless otherwise stipulated to by the parties or authorized by 
the ALJ upon a showing of extraordinary circumstances, a deposition is 
limited to 1 day of 7 hours.
    (i) Completion of discovery. All discovery must be completed within 
25 days after the initial prehearing conference.



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 10 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 221.25(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 221.25(c).
    (c) Failure to disclose. (1) A party will not be permitted to 
introduce as evidence at the hearing testimony from a witness or other 
information that it failed to disclose under Sec. Sec.  221.21(c), 
221.22(c), or 221.25(c), or paragraphs (a) or (b) of this section.

[[Page 369]]

    (2) Paragraph (c)(1) of this section does not apply if the failure 
to disclose was substantially justified or is harmless.
    (3) A party may object to the admission of evidence under paragraph 
(c)(1) of this section before or during the hearing.
    (4) The ALJ will consider the following in determining whether to 
exclude evidence under paragraphs (c)(1) through (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; limitation. Except upon agreement of the parties:
    (1) A party wishing to propound interrogatories must file a motion 
under Sec.  221.41(c); and
    (2) A party may propound no more than 25 interrogatories, counting 
discrete subparts as separate interrogatories, unless the ALJ approves a 
higher number upon a showing of good cause.
    (b) ALJ order. The ALJ will issue an order under Sec.  221.41(b) 
with respect to any discovery motion requesting the use of written 
interrogatories. The order will:
    (1) Grant the motion and approve the use of some or all of the 
proposed interrogatories; or
    (2) Deny the motion.
    (c) Answers to interrogatories. Except upon agreement of the 
parties, the party to whom the proposed interrogatories are directed 
must file its answers to any interrogatories approved by the ALJ within 
15 days after issuance of the order under paragraph (b) of this section.
    (1) Each approved interrogatory must be answered separately and 
fully in writing.
    (2) The party or its representative must sign the answers to 
interrogatories under oath or affirmation.
    (d) Access to records. A party's answer to an interrogatory is 
sufficient when:
    (1) The information may be obtained from an examination of records, 
or from a compilation, abstract, or summary based on such records;
    (2) The burden of obtaining the information from the records is 
substantially the same for all parties;
    (3) The answering party specifically identifies the individual 
records from which the requesting party may obtain the information and 
where the records are located; and
    (4) The answering party provides the requesting party with 
reasonable opportunity to examine the records and make a copy, 
compilation, abstract, or summary.



Sec.  221.44  What are the requirements for depositions?

    (a) Motion and notice. Except upon agreement of the parties, a party 
wishing to take a deposition must file a motion under Sec.  221.41(c). 
Any notice of deposition filed with the motion must state:
    (1) The time and place that the deposition is to be taken;
    (2) The name and address of the person before whom the deposition is 
to be taken;
    (3) The name and address of the witness whose deposition is to be 
taken; and
    (4) Any documents or materials that the witness is to produce.
    (b) ALJ order. The ALJ will issue an order under Sec.  221.41(b) 
with respect to any discovery motion requesting the taking of a 
deposition. The order will:
    (1) Grant the motion and approve the taking of the deposition, 
subject to any conditions or restrictions the ALJ may impose; or
    (2) Deny the motion.
    (c) Arrangements. If the parties agree to or the ALJ approves the 
taking of the deposition, the party requesting the deposition must make 
appropriate arrangements for necessary facilities and personnel.
    (1) The deposition will be taken at the time and place agreed to by 
the parties or indicated in the ALJ's order.

[[Page 370]]

    (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)(4) of this 
section.
    (2) After the deposition has been taken, the person recording the 
deposition must:
    (i) Provide a copy of the videotape to any party that requests it, 
at the requesting party's expense; and
    (ii) Attach to the videotape a statement identifying the case and 
the deponent and certifying the authenticity of the video recording.
    (h) Use of deposition. A deposition may be used at the hearing as 
provided in Sec.  221.53.



Sec.  221.45  What are the requirements for requests for documents 
or tangible things or entry on land?

    (a) Motion. Except upon agreement of the parties, a party wishing to 
request the production of designated documents or tangible things or 
entry on designated land must file a motion under Sec.  221.41(c). A 
request may include any of the following that are in the possession, 
custody, or control of another party:
    (1) The production of designated documents for inspection and 
copying, other than documents that are already in the license proceeding 
record;
    (2) The production of designated tangible things for inspection, 
copying, testing, or sampling; or
    (3) Entry on designated land or other property for inspection and 
measuring, surveying, photographing, testing, or sampling either the 
property or any designated object or operation on the property.
    (b) ALJ order. The ALJ will issue an order under Sec.  221.41(b) 
with respect to any discovery motion requesting the production of 
documents or tangible things or entry on land for inspection, copying, 
or other purposes. The order will:
    (1) Grant the motion and approve the use of some or all of the 
proposed requests; or
    (2) Deny the motion.
    (c) Compliance with order. Except upon agreement of the parties, the 
party to whom any approved request for production is directed must 
permit the approved inspection and other activities within 15 days after 
issuance of the order under paragraph (a) of this section.

[[Page 371]]



Sec.  221.46  What sanctions may the ALJ impose for failure 
to comply with discovery?

    (a) Upon motion of a party, the ALJ may impose sanctions under 
paragraph (b) of this section if any party:
    (1) Fails to comply with an order approving discovery; or
    (2) Fails to supplement or amend a response to discovery under Sec.  
221.42(a).
    (b) The ALJ may impose one or more of the following sanctions:
    (1) Infer that the information, testimony, document, or other 
evidence withheld would have been adverse to the party;
    (2) Order that, for the purposes of the hearing, designated facts 
are established;
    (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 request by written motion that the ALJ 
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 request a subpoena for a senior Department employee 
only if the party shows:
    (i) That the employee's testimony is necessary in order to provide 
significant, unprivileged information that is not available from any 
other source or by less burdensome means; and
    (ii) That the employee's attendance would not significantly 
interfere with the ability to perform his or her government duties.
    (b) Service. (1) A subpoena may be served by any person who is not a 
party and is 18 years of age or older.
    (2) Service must be made by hand delivering a copy of the subpoena 
to the person named therein.
    (3) The person serving the subpoena must:
    (i) Prepare a certificate of service setting forth:
    (A) The date, time, and manner of service; or
    (B) The reason for any failure of service; and
    (ii) Swear to or affirm the certificate, attach it to a copy of the 
subpoena, and return it to the party on whose behalf the subpoena was 
served.
    (c) Witness fees. (1) A party who subpoenas a witness who is not a 
party must pay him or her the same fees and mileage expenses that are 
paid witnesses in the district courts of the United States.
    (2) A witness who is not a party and who attends a deposition or 
hearing at the request of any party without having been subpoenaed 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 production of information during discovery that is not 
discoverable; or
    (iii) Requires disclosure of irrelevant, privileged, or otherwise 
protected information.
    (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

[[Page 372]]

set forth in a subpoena that has been duly issued and served.

                     Hearing, Briefing, and Decision



Sec.  221.50  When and where will the hearing be held?

    (a) Except as provided in paragraph (b) of this section, the hearing 
will be held at the time and place set at the initial prehearing 
conference under Sec.  221.40, generally within 25 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?

    Each party has the following rights during the hearing, as necessary 
to assure full and accurate disclosure of the facts:
    (a) To present testimony and exhibits, consistent with the 
requirements in Sec. Sec.  221.21(c), 221.22(c), 221.25(c), 221.42(b), 
and 221.52;
    (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 for each party's initial case must be 
prepared and submitted in written form. The ALJ will determine whether 
rebuttal testimony, if allowed, must be 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 10 days after the date set for completion of 
discovery; and
    (iv) Be offered as an exhibit during the hearing.
    (2) Any witness submitting written testimony must be available for 
cross-examination at the hearing.
    (b) Oral testimony. Oral examination of a witness in a hearing, 
including on cross-examination or redirect, must be conducted under oath 
and in the presence of the ALJ, with an opportunity for all parties to 
question the witness.
    (c) Telephonic testimony. The ALJ may by order allow a witness to 
testify by telephonic conference call.
    (1) The arrangements for the call must let each party listen to and 
speak to the witness and each other within the hearing of the ALJ.
    (2) The ALJ will ensure the full identification of each speaker so 
the reporter can create a proper record.
    (3) The ALJ may issue a subpoena under Sec.  221.47 directing a 
witness to testify by telephonic conference call.



Sec.  221.53  How may a party use a deposition in the hearing?

    (a) In general. Subject to the provisions of this section, a party 
may use in the hearing any part or all of a deposition taken under Sec.  
221.44 against any party who:
    (1) Was present or represented at the taking of the deposition; or
    (2) Had reasonable notice of the taking of the deposition.
    (b) Admissibility. (1) No part of a deposition will be included in 
the hearing record, unless received in evidence by the ALJ.
    (2) The ALJ will exclude from evidence any question and response to 
which an objection:
    (i) Was noted at the taking of the deposition; and
    (ii) Would have been sustained if the witness had been personally 
present and testifying at a hearing.
    (3) If a party offers only part of a deposition in evidence:
    (i) An adverse party may require the party to introduce any other 
part that ought in fairness to be considered with the part introduced; 
and
    (ii) Any other party may introduce any other parts.
    (c) Videotaped deposition. If the deposition was recorded on 
videotape and is admitted into evidence, relevant portions will be 
played during the hearing

[[Page 373]]

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 (d) 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 any Department party.
    (2) The ALJ must give the other parties appearing at the hearing an 
opportunity to show the contrary of an officially noticed fact.
    (3) Any party requesting official notice of a fact after the 
conclusion of the hearing must show good cause for its failure to 
request official notice during the hearing.
    (d) Stipulations. (1) The parties may stipulate to any relevant 
facts or to the authenticity of any relevant documents.
    (2) If received in evidence at the hearing, a stipulation is binding 
on the stipulating parties.
    (3) A stipulation may be written or made orally at the hearing.



Sec.  221.55  What evidence is admissible at the hearing?

    (a) General. (1) Subject to the provisions of Sec.  221.42(b), the 
ALJ may admit any written, oral, documentary, or demonstrative evidence 
that is:
    (i) Relevant, reliable, and probative; and
    (ii) Not privileged or unduly repetitious or cumulative.
    (2) The ALJ may exclude evidence if its probative value is 
substantially outweighed by the risk of undue prejudice, confusion of 
the issues, or delay.
    (3) Hearsay evidence is admissible. The ALJ may consider the fact 
that evidence is hearsay when determining its probative value.
    (4) The Federal Rules of Evidence do not directly apply to the 
hearing, but may be used as guidance by the ALJ and the parties in 
interpreting and applying the provisions of this section.
    (b) Objections. Any party objecting to the admission or exclusion of 
evidence must 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

[[Page 374]]

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  Who has the burden of persuasion, and what 
standard of proof applies?

    (a) Any party who has filed a request for a hearing has the burden 
of persuasion with respect to the issues of material fact raised by that 
party.
    (b) The standard of proof is a preponderance of the evidence.



Sec.  221.58  When will the hearing record close?

    (a) The hearing record will close when the ALJ closes the hearing, 
unless he or she directs otherwise.
    (b) Evidence may not be added after the hearing record is closed, 
but the transcript may be corrected under Sec.  221.56(b).



Sec.  221.59  What are the requirements for post-hearing briefs?

    (a) General. (1) Each party may file a post-hearing brief within 15 
days after the close of the hearing.
    (2) A party may file a reply brief only if requested by the ALJ. The 
deadline for filing a reply brief, if any, will be set by the ALJ.
    (3) The ALJ may limit the length of the briefs to be filed under 
this section.
    (b) Content. (1) An initial brief must include:
    (i) A concise statement of the case;
    (ii) A separate section containing proposed findings regarding the 
issues of material fact, with supporting citations to the hearing 
record;
    (iii) Arguments in support of the party's position; and
    (iv) Any other matter required by the ALJ.
    (2) A reply brief, if requested by the ALJ, must be limited to any 
issues identified by the ALJ.
    (c) Form. (1) An exhibit admitted in evidence or marked for 
identification in the record may not be reproduced in the brief.
    (i) Such an exhibit may be reproduced, within reasonable limits, in 
an appendix to the brief.
    (ii) Any pertinent analysis of an exhibit may be included in a 
brief.
    (2) If a brief exceeds 20 pages, it must contain:
    (i) A table of contents and of points made, with page references; 
and
    (ii) An alphabetical list of citations to legal authority, with page 
references.



Sec.  221.60  What are the requirements for the ALJ's decision?

    (a) Timing. The ALJ must issue a decision within the shorter of the 
following time periods:
    (1) 30 days after the close of the hearing under Sec.  221.58; or
    (2) 120 days after the effective date stated in the referral notice 
under Sec.  221.26(c)(4), 7 CFR 1.626(c)(4), or 43 CFR 45.26(c)(4).
    (b) Content. (1) The decision must contain:
    (i) Findings of fact on all disputed issues of material fact;
    (ii) Conclusions of law necessary to make the findings of fact (such 
as rulings on materiality and on the admissibility of evidence); and
    (iii) Reasons for the findings and conclusions.
    (2) The ALJ may adopt any of the findings of fact proposed by one or 
more of the parties.
    (3) The decision will not contain conclusions as to whether any 
preliminary condition or prescription should be adopted, modified, or 
rejected, or whether any proposed alternative should be accepted or 
rejected.
    (c) Service. Promptly after issuing his or her decision, the ALJ 
must:
    (1) Serve the decision on each party to the hearing;
    (2) Prepare a list of all documents that constitute the complete 
record for the hearing process (including the decision) and certify that 
the list is complete; and
    (3) Forward to FERC the complete record for the hearing process, 
along with the certified list prepared under paragraph (c)(2) of this 
section, for inclusion in the record for the license proceeding. 
Materials received in electronic form, e.g., as attachments to

[[Page 375]]

electronic mail, should be transmitted to FERC in electronic form. 
However, for cases in which a settlement was reached prior to a 
decision, the entire record need not be transmitted to FERC. In such 
situations, only the initial pleadings (hearing requests with 
attachments, any notices of intervention and response, answers, and 
referral notice) and any dismissal order of the ALJ need be transmitted.
    (d) Finality. The ALJ's decision under this section with respect to 
the disputed issues of material fact will not be subject to further 
administrative review. To the extent the ALJ's decision forms the basis 
for any condition or prescription subsequently included in the license, 
it may be subject to judicial review under 16 U.S.C. 825l(b).



                     Subpart C_Alternatives Process



Sec.  221.70  How must documents be filed and served under this subpart?

    (a) Filing. (1) A document under this subpart must be filed using 
one of the methods set forth in Sec.  221.12(b).
    (2) A document is considered filed on the date it is received. 
However, any document received after 5 p.m. at the place where the 
filing is due is considered filed on the next regular business day.
    (b) Service. (1) Any document filed under this subpart must be 
served at the same time the document is delivered or sent for filing. A 
complete copy of the document must be delivered or sent to each license 
party and FERC, using:
    (i) One of the methods of service in Sec.  221.13(c); or
    (ii) Regular mail.
    (2) The provisions of Sec.  221.13(d) regarding a certificate of 
service apply to service under this subpart.



Sec.  221.71  How do I propose an alternative?

    (a) General. To propose an alternative condition or prescription, 
you must:
    (1) Be a license party; and
    (2) File a written proposal with the Office of Habitat Conservation, 
at the address set forth in Sec.  221.2:
    (i) For a case under Sec.  221.1(d)(1), within 30 days after NOAA 
files a preliminary condition or prescription with FERC; or
    (ii) For a case under Sec.  221.1(d)(2), within 60 days after NOAA 
files a proposed condition or prescription with FERC.
    (b) Content. Your proposal must include:
    (1) A description of the alternative, in an equivalent level of 
detail to NOAA's preliminary condition or prescription;
    (2) An explanation of how the alternative:
    (i) If a condition, will provide for the adequate protection and 
utilization of the reservation; or
    (ii) If a prescription, will be no less protective than the fishway 
prescribed by NMFS;
    (3) An explanation of how the alternative, as compared to the 
preliminary condition or 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  May I file a revised proposed alternative?

    (a) Within 20 days after issuance of the ALJ's decision under Sec.  
221.60, you may file with the Office of Habitat Conservation, at the 
address set forth in Sec.  221.2, a revised proposed alternative 
condition or prescription if:

[[Page 376]]

    (1) You previously filed a proposed alternative that met the 
requirements of Sec.  221.71; and
    (2) Your revised proposed alternative is designed to respond to one 
or more findings of fact by the ALJ.
    (b) Your revised proposed alternative must:
    (1) Satisfy the content requirements for a proposed alternative 
under Sec.  221.71(b); and
    (2) Identify the specific ALJ finding(s) to which the revised 
proposed alternative is designed to respond and how the revised proposed 
alternative differs from the original alternative.
    (c) Filing a revised proposed alternative will constitute a 
withdrawal of the previously filed proposed alternative.



Sec.  221.73  When will NOAA file its modified condition or prescription?

    (a) Except as provided in paragraph (b) of this section, if any 
license party proposes an alternative to a preliminary condition or 
prescription under Sec.  221.71, NOAA will do the following within 60 
days after the deadline for filing comments on FERC's draft NEPA 
document under 18 CFR 5.25(c):
    (1) Analyze under Sec.  221.74 any alternative condition or 
prescription proposed under Sec.  221.71 or 221.72; and
    (2) File with FERC:
    (i) Any condition or prescription that NOAA adopts as its modified 
condition or prescription; and
    (ii) Its analysis of the modified condition or prescription and any 
proposed alternative under Sec.  221.74(c).
    (b) If NOAA needs additional time to complete the steps set forth in 
paragraphs (a)(1) and (a)(2) of this section, it will so inform FERC 
within 60 days after the deadline for filing comments on FERC's draft 
NEPA document under 18 CFR 5.25(c).



Sec.  221.74  How will NOAA analyze a proposed alternative and formulate 
its modified condition or prescription?

    (a) In deciding whether to accept an alternative proposed under 
Sec.  221.71 or 221.72, NOAA must consider evidence and supporting 
material provided by any license party or otherwise reasonably available 
to NOAA, including:
    (1) Any evidence on the implementation costs or operational impacts 
for electricity production of the proposed alternative;
    (2) Any comments received on NOAA's preliminary condition or 
prescription;
    (3) Any ALJ decision on disputed issues of material fact issued 
under Sec.  221.60 with respect to the preliminary condition or 
prescription;
    (4) Comments received on any draft or final NEPA documents; and
    (5) The license party's proposal under Sec.  221.71 or Sec.  221.72.
    (b) NOAA must accept a proposed alternative if NOAA determines, 
based on substantial evidence provided by any license party or otherwise 
reasonably available to NOAA, that the alternative:
    (1) Will, as compared to NOAA's preliminary condition or 
prescription:
    (i) Cost significantly less to implement; or
    (ii) Result in improved operation of the project works for 
electricity production; and
    (2) Will:
    (i) If a condition, provide for the adequate protection and 
utilization of the reservation; or
    (ii) If a prescription, be no less protective than NMFS's 
preliminary prescription.
    (c) For purposes of paragraphs (a) and (b) of this section, NOAA 
will consider evidence and supporting material provided by any license 
party by the deadline for filing comments on FERC's NEPA document under 
18 CFR 5.25(c).
    (d) When NOAA files with FERC the condition or prescription that 
NOAA adopts as its modified condition or prescription under Sec.  
221.73(a)(2), it must also file:
    (1) A written statement explaining:
    (i) The basis for the adopted condition or prescription;
    (ii) If NOAA is not accepting any pending alternative, its reasons 
for not doing so; and
    (iii) If any alternative submitted under Sec.  221.71 was 
subsequently withdrawn by the license party, that the alternative was 
withdrawn; and

[[Page 377]]

    (2) Any study, data, and other factual information relied on that is 
not already part of the licensing proceeding record.
    (e) The written statement under paragraph (d)(1) of this section 
must demonstrate that NOAA gave equal consideration to the effects of 
the condition or prescription adopted and any alternative not accepted 
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.  221.75  Has OMB approved the information collection provisions 
of this subpart?

    Yes. This rule contains provisions that would collect information 
from the public. It therefore requires approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501 et seq. (PRA). According to the PRA, a Federal agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number that indicates OMB approval. OMB has reviewed the 
information collection in this rule and approved it under OMB control 
number 1094-0001.



PART 222_GENERAL ENDANGERED AND THREATENED MARINE SPECIES--Table of Contents



              Subpart A_Introduction and General Provisions

Sec.
222.101 Purpose and scope of regulations.
222.102 Definitions.
222.103 Federal/state cooperation in the conservation of endangered and 
          threatened species.

Subpart B_Certificates of Exemption for Pre-Act Endangered Species Parts

222.201 General requirements.
222.202 Certificate renewal.
222.203 Modification, amendment, suspension, and revocation of 
          certificates.
222.204 Administration of certificates.
222.205 Import and export requirements.

                   Subpart C_General Permit Procedures

222.301 General requirements.
222.302 Procedure for obtaining permits.
222.303 Issuance of permits.
222.304 Renewal of permits.
222.305 Rights of succession and transfer of permits.
222.306 Modification, amendment, suspension, cancellation, and 
          revocation of permits.
222.307 Permits for incidental taking of species.
222.308 Permits for scientific purposes or for the enhancement of 
          propagation or survival of species.
222.309 Permits for listed species of sea turtles involving the Fish and 
          Wildlife Service.
222.310 Permit authority for designated agents and employees of 
          specified Federal and state agencies.

                     Subpart D_Observer Requirement

222.401 Observer requirement.
222.402 Annual determination of fisheries to be observed; notice and 
          comment.
222.403 Duration of selection; effective date.
222.404 Observer program sampling.

                   Subpart E_Experimental Populations

222.501 Definitions.
222.502 Listing.
222.503 Prohibitions.
222.504 Interagency cooperation.

    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

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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.
    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

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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.''
    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

[[Page 380]]

    (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.
    Hard lay lines mean lines that are at least as stiff as \5/16\ inch 
(0.8 cm) diameter line composed of polyester wrapped around a blend of 
polypropylene and polyethylene and 42 visible twists of strands per foot 
of line.
    Harm in the definition of ``take'' in the Act means an act which 
actually kills or injures fish or wildlife. Such an act may include 
significant habitat modification or degradation which actually kills or 
injures fish or wildlife by significantly impairing essential behavioral 
patterns, including, breeding, spawning, rearing, migrating, feeding or 
sheltering.
    Headrope means a rope that is attached to the upper lip (top edge) 
of the mouth of a trawl net along the forward-most webbing.
    Headrope length means the distance between the points at which the 
ends of the headrope are attached to the trawl net, measured along the 
forward-most webbing.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the meaning 
of the tariff laws of the United States.
    Inshore means marine and tidal waters landward of the 72 COLREGS 
demarcation line (International Regulations for Preventing Collisions at 
Sea, 1972), as depicted or noted on nautical charts published by the 
National Oceanic and Atmospheric Administration (Coast Charts, 1:80,000 
scale) and as described in 33 CFR part 80.
    Modified pound net leader means a pound net leader that is affixed 
to or resting on the sea floor and made of a lower portion of mesh and 
an upper portion of only vertical lines such that the mesh size is equal 
to or less than 8 inches (20.3 cm) stretched mesh; at any particular 
point along the leader, the height of the mesh from the seafloor to the 
top of the mesh must be no more than one-third the depth of the water at 
mean lower low water directly above that particular point; the mesh is 
held in place by a bottom chain that forms

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the lowermost part of the pound net leader; the vertical lines 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.
    Nearshore pound net leader or nearshore pound net means a pound net 
with every part of the leader (from the most offshore pole at the pound 
end of the leader to the most inshore pole of the leader) in less than 
14 feet (4.3 m) of water at any tidal condition.
    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.
    Offshore pound net leader or offshore pound net means a pound net 
with any part of the leader (from the most offshore pole at the pound 
end of the leader to the most inshore pole of the leader) in water 
greater than or equal to 14 feet (4.3 m) at any tidal condition.
    Operating conservation program means those conservation management 
activities which are expressly agreed upon and described in a 
Conservation Plan or its Implementing Agreement. These activities are to 
be undertaken for the affected species when implementing an approved 
Conservation Plan, including measures to respond to changed 
circumstances.
    Permit means any document so designated by the National Marine 
Fisheries Service and signed by an authorized official of the National 
Marine Fisheries Service, including any document which modifies, amends, 
extends, or renews any permit.
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity, or any officer, employee, 
agent, department, or instrumentality of the Federal government of any 
state or political subdivision thereof or of any foreign government.
    Possession means the detention and control, or the manual or ideal 
custody of anything that may be the subject of property, for one's use 
and enjoyment, either as owner or as the proprietor of a qualified right 
in it, and either held personally or by another who exercises it in 
one's place and name. Possession includes the act or state of possessing 
and that condition of facts under which persons can exercise their power 
over a corporeal thing at their pleasure to the exclusion of all other 
persons. Possession includes constructive possession that which means 
not an actual but an

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assumed existence one claims to hold by virtue of some title, without 
having actual custody.
    Pound net means a fixed entrapment gear attached to posts or stakes 
with three continuous sections from offshore to inshore consisting of:
    (1) A pound made of mesh netting that entraps the fish;
    (2) At least one heart made of a mesh netting that is generally in 
the shape of a heart and aids in funneling fish into the pound; and
    (3) A leader, which is a long, straight element consisting of mesh 
or vertical lines that directs the fish offshore towards the pound.
    Pound net leader means a long straight net that directs 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, also known as vertical lines, are spaced a regular distance 
apart and are not crossed by other lines to form mesh.
    Pound Net Regulated Area I means Virginia waters of the mainstem 
Chesapeake Bay and the portion of the James River seaward of the Hampton 
Roads Bridge Tunnel (Interstate Highway-64) and the York River seaward 
of the Coleman Memorial Bridge (Route 17), bounded to the south and east 
by the Chesapeake Bay Bridge Tunnel (Route 13; extending from 
approximately 37[deg]07[min] N. lat., 75[deg]58[min] W. long. to 
36[deg]55[min] N. lat., 76[deg]08[min] W. long.), and to the north by 
the following points connected by straight lines and in the order 
listed:

------------------------------------------------------------------------
             Point                          Area description
------------------------------------------------------------------------
1.............................  Where 37[deg]19.0[min] N. lat. meets the
                                 shoreline of the Severn River fork,
                                 near Stump Point, Virginia (western
                                 portion of Mobjack Bay), which is
                                 approximately 76[deg]26.75[min] W.
                                 long.
2.............................  37[deg]19.0[min] N. lat.,
                                 76[deg]13.0[min] W. long.
3.............................  37[deg]13.0[min] N. lat.,
                                 76[deg]13.0[min] W. long.
4.............................  Where 37[deg]13.0[min] N. lat. meets the
                                 eastern shoreline of Chesapeake Bay,
                                 Virginia, near Elliotts Creek, which is
                                 approximately 76[deg]00.75[min] W.
                                 long.
------------------------------------------------------------------------

    Pound Net Regulated Area II means Virginia waters of the Chesapeake 
Bay outside of Pound Net Regulated Area I, bounded by the Maryland-
Virginia State line to the north and by the COLREGS line at the mouth of 
the Chesapeake Bay and 37[deg]07[min] N. lat. between Kiptopeke and 
Smith Island, Northampton County, Virginia to the south and east. This 
area includes the Great Wicomico River seaward of the Jessie Dupont 
Memorial Highway Bridge (Route 200), the Rappahannock River downstream 
of the Robert Opie Norris Jr. Bridge (Route 3), the Piankatank River 
downstream of the Route 3 Bridge, and all other tributaries within these 
boundaries.
    Pre-Act endangered species part means any sperm whale oil, including 
derivatives and products thereof, which was lawfully held within the 
United States on December 28, 1973, in the course of a commercial 
activity; or any finished scrimshaw product, if such product or the raw 
material for such product was lawfully held within the United States on 
December 28, 1973, in the course of a commercial activity.
    Properly implemented conservation plan means any conservation plan, 
implementing agreement, or permit whose commitments and provisions have 
been or are being fully implemented by the permittee.
    Pusher-head trawl (chopsticks) means a trawl that is spread by two 
poles suspended from the bow of the trawler in an inverted ``V'' 
configuration.
    Resident species means, for purposes of entering into cooperative 
agreements with any state pursuant to section 6(c) of the Act, a species 
that exists in the wild in that state during any part of its life.
    Right whale means, as used in Sec.  224.103(c), any whale that is a 
member of the western North Atlantic population of the northern right 
whale species (Eubalaena glacialis).
    Roller trawl means a variety of beam trawl that is used, usually by 
small vessels, for fishing over uneven or vegetated sea bottoms.
    Scrimshaw product means any art form which involves the substantial 
etching or engraving of designs upon, or the substantial carving of 
figures, patterns, or designs from any bone or tooth of any marine 
mammal of the order Cetacea. For purposes of this part, polishing or the 
adding of minor superficial markings does not constitute substantial 
etching, engraving, or carving.

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    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 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

[[Page 384]]

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; 80 FR 
6928, Feb. 9, 2015]



Sec.  222.103  Federal/state cooperation in the conservation of endangered 
and threatened species.

    (a) Application for and renewal of cooperative agreements. (1) The 
Assistant Administrator may enter into a Cooperative Agreement with any 
state that establishes and maintains an active and adequate program for 
the conservation of resident species listed as endangered or threatened. 
In order for a state program to be deemed an adequate and active 
program, the Assistant Administrator must find, and annually reconfirm 
that the criteria of either sections 6(c)(1) (A) through (E) or sections 
6(c)(1) (i) and (ii) of the Act have been satisfied.
    (2) Following receipt of an application by a state for a Cooperative 
Agreement with a copy of a proposed state program, and a determination 
by the Assistant Administrator that the state program is adequate and 
active, the Assistant Administrator shall enter into an Agreement with 
the state.
    (3) The Cooperative Agreement, as well as the Assistant 
Administrator's finding upon which it is based, must be reconfirmed 
annually to ensure that it reflects new laws, species lists, rules or 
regulations, and programs and to demonstrate that it is still adequate 
and active.

[[Page 385]]

    (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 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

[[Page 386]]

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 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

[[Page 387]]

number plus additional digits to signify the piece number of the 
individual finished item. Identification numbers will be in the 
following format: 00-000000-0000. The first two digits will be the last 
two digits of the appropriate certificate of exemption number; the next 
six digits, the serial number of the individual piece or lot of scrap or 
raw material; and the last four digits, where applicable, the piece 
number of an item made from a lot of scrap or raw material. The serial 
numbers for each certificate holder's inventory must begin with 000001, 
and piece numbers, where applicable, must begin with 0001 for each 
separate lot.
    (ii) Identification numbers may be affixed to inventory items by any 
means, including, but not limited to, etching the number into the item, 
attaching a label or tag bearing the number to the item, or sealing the 
item in a plastic bag, wrapper or other container bearing the number. 
The number must remain affixed to the item until the item is sold to an 
ultimate user, as defined in Sec.  222.201(d).
    (iii) No renewals will be issued for scrimshaw products in excess of 
any quantities declared in the original application for a Certificate of 
Exemption.
    (6) A Certification in the following language: I hereby certify that 
the foregoing information is complete, true, and correct to the best of 
my knowledge and belief. I understand that this information is submitted 
for the purpose of obtaining a renewal of my Certificate of Exemption 
under the Endangered Species Act, as amended, and the Department of 
Commerce regulations issued thereunder, and that any false statement may 
subject me to the criminal penalties of 18 U.S.C. 1001, or to the 
penalties under the Act.
    (7) Signature of the applicant.
    (d) Upon receipt of an incomplete or improperly executed application 
for renewal, the applicant shall be notified of the deficiency in the 
application for renewal. If the application for renewal is not corrected 
and received by the Assistant Administrator within 30 days following the 
date of receipt of notification, the application for renewal shall be 
considered abandoned.



Sec.  222.203  Modification, amendment, suspension, and revocation 
of certificates.

    (a) When circumstances have changed so that an applicant or 
certificate holder desires to have any material, term, or condition of 
the application or certificate modified, the applicant or certificate 
holder must submit in writing full justification and supporting 
information in conformance with the provisions of this part.
    (b) All certificates are issued subject to the condition that the 
Assistant Administrator reserves the right to amend the provisions of a 
Certificate of Exemption for just cause at any time. Such amendments 
take effect on the date of notification, unless otherwise specified.
    (c) Any violation of the applicable provisions of parts 222, 223, or 
224 of this chapter, or of the Act, or of a condition of the certificate 
may subject the certificate holder to penalties provided in the Act and 
to suspension, revocation, or modification of the Certificate of 
Exemption, as provided in subpart D of 15 CFR part 904.



Sec.  222.204  Administration of certificates.

    (a) The Certificate of Exemption covers the business or activity 
specified in the Certificate of Exemption at the address described 
therein. No Certificate of Exemption is required to cover a separate 
warehouse facility used by the certificate holder solely for storage of 
pre-Act endangered species parts, if the records required by this 
subpart are maintained at the address specified in the Certificate of 
Exemption served by the warehouse or storage facility.
    (b) Certificates of Exemption issued under this subpart are not 
transferable. However, in the event of the lease, sale, or other 
transfer of the operations or activity authorized by the Certificate of 
Exemption, the successor is not required to obtain a new Certificate of 
Exemption prior to commencing such operations or activity. In such case, 
the successor will be treated as a purchaser and must comply with the 
record and reporting requirements set forth in Sec.  222.201(d).

[[Page 388]]

    (c) The Certificate of Exemption holder must notify the Assistant 
Administrator, in writing, of any change in address, in trade name of 
the business, or in activity specified in the certificate. The Assistant 
Administrator must be notified within 10 days of a change of address, 
and within 30 days of a change in trade name. The certificate with the 
change of address or in trade name must be endorsed by the Assistant 
Administrator, who shall provide an amended certificate to the person to 
whom it was issued. A certificate holder who seeks amendment of a 
certificate may continue all authorized activities while awaiting action 
by the Assistant Administrator.
    (d) A Certificate of Exemption issued under this subpart confers no 
right or privilege to conduct a business or an activity contrary to 
state or other law. Similarly, compliance with the provisions of any 
state or other law affords no immunity under any Federal laws or 
regulations of any other Federal agency.
    (e) Any person authorized to enforce the Act may enter the premises 
of any Certificate of Exemption holder or of any purchaser during 
business hours, including places of storage, for the purpose of 
inspecting or of examining any records or documents and any endangered 
species parts.
    (f) The records pertaining to pre-Act endangered species parts 
prescribed by this subpart shall be in permanent form and shall be 
retained at the address shown on the Certificate of Exemption or at the 
principal address of a purchaser in the manner prescribed by this 
subpart.
    (g)(1) Holders of Certificates of Exemption must maintain records of 
all pre-Act endangered species parts they receive, sell, transfer, 
distribute or dispose of otherwise. Purchasers of pre-Act endangered 
species parts, unless ultimate users, as defined in Sec.  222.201(d), 
must similarly maintain records of all such parts or products they 
receive.
    (2) Such records referred to in paragraph (g)(1) of this section may 
consist of invoices or other commercial records, which must be filed in 
an orderly manner separate from other commercial records maintained and 
be readily available for inspection. Such records must show the name and 
address of the purchaser, seller, or other transferor; show the type, 
quantity, and identity of the part or product; show the date of such 
sale or transfer; and be retained, in accordance with the requirements 
of this subpart, for a period of not less than 3 years following the 
date of sale or transfer. Each pre-Act endangered species part will be 
identified by its number on the updated inventory required to renew a 
Certificate of Exemption.
    (i) Each Certificate of Exemption holder must submit a quarterly 
report (to the address given in the certificate) containing all record 
information required by paragraph (g)(2) of this section, on all 
transfers of pre-Act endangered species parts made in the previous 
calendar quarter, or such other record information the Assistant 
Administrator may specify from time to time.
    (ii) Quarterly reports are due on January 15, April 15, July 15, and 
October 15.
    (3) The Assistant Administrator may authorize the record information 
to be submitted in a manner other than that prescribed in paragraph 
(g)(2) of this section when the record holder demonstrates that an 
alternate method of reporting is reasonably necessary and will not 
hinder the effective administration or enforcement of this subpart.



Sec.  222.205  Import and export requirements.

    (a) Any fish and wildlife subject to the jurisdiction of the 
National Marine Fisheries Service and is intended for importation into 
or exportation from the United States, shall not be imported or exported 
except at a port(s) designated by the Secretary of the Interior. 
Shellfish and fishery products that are neither endangered nor 
threatened species and that are imported for purposes of human or animal 
consumption or taken in waters under the jurisdiction of the United 
States or on the high seas for recreational purposes are excluded from 
this requirement. The Secretary of the Interior may permit the 
importation or exportation at nondesignated ports in the interest of the 
health or safety of the species for other

[[Page 389]]

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 to Sec.  222.103.
    (4) Notwithstanding any provision of this subpart, it shall not be 
required that the Assistant Administrator authorizes the transportation 
in interstate or foreign commerce of pre-Act endangered species parts.

    Effective Date Note: At 64 FR 14054, Mar. 23, 1999, part 222 was 
revised. Sec.  222.205(c)(1) and (2) contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



                   Subpart C_General Permit Procedures



Sec.  222.301  General requirements.

    (a)(1) The regulations in this subpart C provide uniform rules and 
procedures for application, issuance, renewal, conditions, and general 
administration of permits issuable pursuant to parts 222, 223, and 224 
of this chapter. While this section provides generic rules and 
procedures applicable to all permits, other sections may provide more 
specific rules and procedures with respect to certain types of permits. 
In such cases, the requirements in all applicable sections must be 
satisfied.
    (2) Notwithstanding paragraph (a)(1) of this section, the Assistant 
Administrator may approve variations from the requirements of parts 222, 
223, and 224 of this chapter when the Assistant Administrator finds that 
an emergency exists and that the proposed variations will not hinder 
effective administration of those parts and will not be unlawful. Other 
sections within parts 222, 223, and 224 of this chapter may allow for a 
waiver or variation of specific requirements for emergency situations, 
upon certain conditions. In such cases, those conditions must be 
satisfied in order for the waiver or variation to be lawful.
    (b) No person shall take, import, export or engage in any other 
prohibited activity involving any species of fish or wildlife under the 
jurisdiction of the Secretary of Commerce that has been determined to be 
endangered under the Act, or that has been determined to be threatened 
and for which the prohibitions of section 9(a)(1) of the Act have been 
applied by regulation, without a valid permit issued pursuant to these 
regulations. The permit shall entitle the person to whom it is issued to 
engage in the activity specified in the permit, subject to the 
limitations of the Act and the regulations in parts

[[Page 390]]

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.



Sec.  222.302  Procedure for obtaining permits.

    (a) Applications must be submitted to the Assistant Administrator, 
by letter containing all necessary information, attachments, 
certification, and signature, as specified by the regulations in parts 
222, 223, and 224 of this chapter, or by the Act. In no case, other than 
for emergencies pursuant to Sec.  222.301(a)(2), will applications be 
accepted either orally or by telephone.

[[Page 391]]

    (b) Applications must be received by the Assistant Administrator at 
least 90 calendar days prior to the date on which the applicant desires 
to have the permit made effective, unless otherwise specified in the 
regulations or guidelines pertaining to a particular permit. The 
National Marine Fisheries Service will attempt to process applications 
deemed sufficient in the shortest possible time, but does not guarantee 
that the permit will be issued 90 days after notice of receipt of the 
application is published in the Federal Register.
    (c)(1) Upon receipt of an insufficiently or improperly executed 
application, the applicant shall be notified of the deficiency in the 
application. If the applicant fails to supply the deficient information 
or otherwise fails to correct the deficiency within 60 days following 
the date of notification, the application shall be considered abandoned.
    (2) The sufficiency of the application shall be determined by the 
Assistant Administrator in accordance with the requirements of this 
part. The Assistant Administrator, however, may waive any requirement 
for information or require any elaboration or further information deemed 
necessary.



Sec.  222.303  Issuance of permits.

    (a)(1) No permit may be issued prior to the receipt of a written 
application unless an emergency pursuant to Sec.  222.301(a)(2) exists, 
and a written variation from the requirements is recorded by the 
National Marine Fisheries Service.
    (2) No representation of an employee or agent of the United States 
shall be construed as a permit unless it meets the requirements of a 
permit defined in Sec.  222.102.
    (3) Each permit shall bear a serial number. Upon renewal, such a 
number may be reassigned to the permittee to whom issued so long as the 
permittee maintains continuity of renewal.
    (b) When an application for a permit received by the Assistant 
Administrator is deemed sufficient, the Assistant Administrator shall, 
as soon as practicable, publish a notice in the Federal Register. 
Information received by the Assistant Administrator as a part of the 
application shall be available to the public as a matter of public 
record at every stage of the proceeding. An interested party, within 30 
days after the date of publication of such notice, may submit to the 
Assistant Administrator written data, views, or arguments with respect 
to the taking, importation, or to other action proposed in the 
application, and may request a hearing in connection with the action to 
be taken thereon.
    (c) If a request for a hearing is made within the 30-day period 
referred to in paragraph (b) of this section, or if the Assistant 
Administrator determines that a hearing would otherwise be advisable, 
the Assistant Administrator may, within 60 days after the date of 
publication of the notice referred to in paragraph (b) of this section, 
afford to such requesting party or parties an opportunity for a hearing. 
Such hearing shall also be open to participation by any interested 
members of the public. Notice of the date, time, and place of such 
hearing shall be published in the Federal Register not less than 15 days 
in advance of such hearing. Any interested person may appear at the 
hearing in person or through a representative and may submit any 
relevant material, data, views, comments, arguments, or exhibits. A 
summary record of the hearing shall be kept.
    (d) Except as provided in subpart D to 15 CFR part 904, as soon as 
practicable but not later than 30 days after the close of the hearing. 
If no hearing is held, as soon as practicable but not later than 30 days 
from the publication of the notice in the Federal Register, the 
Assistant Administrator shall issue or deny issuance of the permit. 
Notice of the decision of the Assistant Administrator shall be published 
in the Federal Register within 10 days after the date of the issuance or 
denial and indicate where copies of the permit, if issued, may be 
obtained.
    (e)(1) The Assistant Administrator shall issue the permit unless:
    (i) Denial of the permit has been made pursuant to subpart D to 15 
CFR part 904;
    (ii) The applicant has failed to disclose material or information 
required, or has made false statements as to any

[[Page 392]]

material fact, in connection with the application;
    (iii) The applicant has failed to demonstrate a valid justification 
for the permit or a showing of responsibility;
    (iv) The authorization requested potentially threatens a fish or 
wildlife population; or
    (v) The Assistant Administrator finds through further inquiry or 
investigation, or otherwise, that the applicant is not qualified.
    (2) The applicant shall be notified in writing of the denial of any 
permit request, and the reasons thereof. If authorized in the notice of 
denial, the applicant may submit further information or reasons why the 
permit should not be denied. Such further information shall not be 
considered a new application. The final action by the Assistant 
Administrator shall be considered the final administrative decision of 
the Department of Commerce.
    (f) If a permit is issued under Sec.  222.308, the Assistant 
Administrator shall publish notice thereof in the Federal Register, 
including the Assistant Administrator's finding that such permit--
    (1) Was applied for in good faith;
    (2) Will not operate to the disadvantage of such endangered species; 
and
    (3) Will be consistent with the purposes and policy set forth in 
section 2 of the Act.
    (g) The Assistant Administrator may waive the 30-day period in an 
emergency situation where the health or life of an endangered animal is 
threatened and no reasonable alternative is available to the applicant. 
Notice of any such waiver shall be published by the Assistant 
Administrator in the Federal Register within 10 days following the 
issuance of the permit.



Sec.  222.304  Renewal of permits.

    When the permit is renewable and a permittee intends to continue the 
activity described in the permit during any portion of the year ensuing 
its expiration, the permittee shall, unless otherwise notified in 
writing by the Assistant Administrator, file a request for permit 
renewal, together with a certified statement, verifying that the 
information in the original application is still currently correct. If 
the information is incorrect the permittee shall file a statement of all 
changes in the original application, accompanied by any required fee at 
least 30 days prior to the expiration of the permit. Any person holding 
a valid renewable permit, who has complied with the foregoing provision 
of this section, may continue such activities as were authorized by the 
expired permit until the renewal application is acted upon.



Sec.  222.305  Rights of succession and transfer of permits.

    (a)(1) Except as otherwise provided in this section, permits issued 
pursuant to parts 222, 223, and 224 of this chapter are not transferable 
or assignable. In the event that a permit authorizes certain business 
activities in connection with a business or commercial enterprise, which 
is then subject to any subsequent lease, sale or transfer, the successor 
to that enterprise must obtain a permit prior to continuing the 
permitted activity, with the exceptions provided in paragraphs (a)(2) 
and (a)(3) of this section.
    (2) Certain persons, other than the permittee, are granted the right 
to carry on a permitted activity for the remainder of the term of a 
current permit, provided that they furnish the permit to the issuing 
officer for endorsement within 90 days from the date the successor 
begins to carry on the activity. Such persons are the following:
    (i) The surviving spouse, child, executor, administrator, or other 
legal representative of a deceased permittee, and
    (ii) The receiver or trustee in bankruptcy or a court designated 
assignee for the benefit of creditors.
    (3) Incidental take permits issued under Sec.  222.307, and 
enhancement permits issued under Sec.  222.308, as part of a Safe Harbor 
Agreement with Assurances or Candidate Conservation Agreement with 
Assurances, may be transferred in whole or in part through a joint 
submission by the permittee and the proposed transferee, or in the case 
of a deceased permittee, the deceased permittee's legal representative 
and the proposed transferee, provided NMFS determines in writing that:
    (i) The proposed transferee meets all of the qualifications under 
parts 222,

[[Page 393]]

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. Sec.  222.305(a) 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 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

[[Page 394]]

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;
    (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

[[Page 395]]

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 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

[[Page 396]]

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 in Sec.  222.309. The 
following information will be used as the basis for determining whether 
an application is complete and whether a permit for scientific purposes 
or for enhancement of propagation or survival of the affected species 
should be issued by the Assistant Administrator. An application for a 
permit shall provide the following information and such other 
information that the Assistant Administrator may require:
    (1) Title, as applicable, either--
    (i) Application for permit for scientific purposes under the Act; or
    (ii) Application for permit for the enhancement of the propagation 
or survival of the endangered species Under the Act.
    (2) The date of the application.
    (3) The identity of the applicant including complete name, address, 
and telephone number. If the applicant is a

[[Page 397]]

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;
    (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:

[[Page 398]]

    (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;
    (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;

[[Page 399]]

    (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.
    (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.

[[Page 400]]



Sec.  222.310  Permit authority for designated agents and employees 
of specified Federal and state agencies.

    (a) This section constitutes a programmatic permit, pursuant to 16 
U.S.C. 1539(a)(1)(A), that authorizes activities by agents and employees 
of Federal and state agencies, as described in paragraph (b) of this 
section, to aid stranded endangered sea turtles, and to salvage, collect 
data from, and dispose of, dead carcasses of endangered sea turtles in 
the marine environment. For purposes of this section, `stranded' means 
endangered sea turtles, in the marine environment, that are alive but 
sick, injured, or entangled.
    (b) If any member of any endangered species of sea turtle is found 
stranded or dead in the marine environment, any agent or employee of the 
National Marine Fisheries Service, the Fish and Wildlife Service, the 
U.S. Coast Guard, or any other Federal land or water management agency, 
or any agent or employee of a state agency responsible for fish and 
wildlife who is designated by his or her agency for such purposes, may, 
when acting in the course of his or her official duties, take such 
endangered sea turtles if such taking is necessary to aid a stranded sea 
turtle, or dispose of or salvage a dead sea turtle, or collect data from 
a dead sea turtle which may be useful for scientific and educational 
purposes. Live turtles will be handled as described in Sec.  
223.206(d)(1). Whenever possible, live sea turtles shall be returned to 
their aquatic environment as soon as possible. The following data 
collection activities for live turtles while they are in the marine 
environment are allowed:
    (1) Turtles may be flipper and passive integrated transponder (PIT) 
tagged, prior to release. Flipper tags would be applied to the trailing 
edge of either the front or rear flippers with standard tagging 
applicators after the tagging area has been cleaned with alcohol or 
iodine solution. PIT tags would be inserted according to best practice, 
approved scientific protocols, after cleaning the insertion site with 
alcohol or iodine solution. Before application of flipper tags or 
insertion of PIT tags, all flippers and the neck/shoulder area will be 
examined and scanned for the presence of any pre-existing flipper or PIT 
tags.
    (2) Turtles may also be weighed, measured, and photographed prior to 
release.
    (3) When handling turtles exhibiting fibropapilloma, all equipment 
(tagging equipment, tape measures, etc.) that comes in contact with the 
turtle shall be cleaned with a mild bleach solution.
    (c) Every action shall be reported in writing to the Assistant 
Administrator, or authorized representative, via the agency or 
institution designated by the state to record such events. Reports shall 
contain the following information:
    (1) Name and position of the official or employee involved;
    (2) Description of the sea turtle(s) involved including species and 
condition of the animal;
    (3) When applicable, description of entangling gear, its location on 
the turtle, and the amount of gear left on the turtle at release;
    (4) Method, date and location of disposal of the sea turtle(s), 
including, if applicable, where the sea turtle(s) has been retained in 
captivity; and
    (5) Such other information as the Assistant Administrator, or 
authorized representative, may require.

[70 FR 42509, July 25, 2005]



                     Subpart D_Observer Requirement

    Source: 72 FR 43185, Aug. 3, 2007, unless otherwise noted.



Sec.  222.401  Observer requirement.

    Any United States fishing vessel, either commercial or recreational, 
which operates within the territorial seas or exclusive economic zone of 
the United States or on the high seas, or any fishing vessel that is 
otherwise subject to the jurisdiction of the United States, operating in 
a fishery that is identified through the annual determination process 
specified in Sec.  222.402 must carry aboard a NMFS-approved observer 
upon request by the NMFS Assistant Administrator, in consultation with 
NMFS Regional Administrators and

[[Page 401]]

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.
    (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;

[[Page 402]]

    (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.



                   Subpart E_Experimental Populations

    Source: 81 FR 33421, May 26, 2016, unless otherwise noted.



Sec.  222.501  Definitions.

    (a) The term experimental population means any introduced and/or 
designated population (including any off-spring arising solely 
therefrom) that has been so designated in accordance with the procedures 
of this subpart but only when, and at such times as, the population is 
wholly separate geographically from nonexperimental populations of the 
same species. Where part of an experimental population overlaps with 
nonexperimental populations of the same species on a particular 
occasion, but is wholly separate at other times, specimens of the 
experimental population will not be recognized as such while in the area 
of overlap. That is, experimental status will only be recognized outside 
the areas of overlap. Thus, such a population shall be treated as 
experimental only when the times of geographic separation are reasonably 
predictable; e.g., fixed migration patterns, natural or man-made 
barriers. A population is not treated as experimental if total 
separation will occur solely as a result of random and unpredictable 
events.
    (b) The term essential experimental population means an experimental 
population whose loss would be likely to appreciably reduce the 
likelihood of the survival of the species in the wild. All other 
experimental populations are to be classified as nonessential.



Sec.  222.502  Listing.

    (a) The Secretary may designate as an experimental population a 
population of endangered or threatened species that has been or will be 
released into suitable habitat outside the species' current range, 
subject to the further conditions specified in this section; provided, 
that all designations of experimental populations must proceed by 
regulation adopted in accordance with 5 U.S.C. 553 and the requirements 
of this subpart.
    (b) Before authorizing the release as an experimental population of 
any population (including eggs, propagules, or individuals) of an 
endangered or threatened species, and before authorizing any necessary 
transportation to conduct the release, the Secretary must find by 
regulation that such release will further the conservation of the 
species. In making such a finding, the Secretary shall utilize the best 
scientific and commercial data available to consider:
    (1) Any possible adverse effects on extant populations of a species 
as a result of removal of individuals, eggs, or propagules for 
introduction elsewhere;
    (2) The likelihood that any such experimental population will become 
established and survive in the foreseeable future;
    (3) The effects that establishment of an experimental population 
will have on the recovery of the species; and
    (4) The extent to which the introduced population may be affected by 
existing or anticipated Federal or State actions or private activities 
within or adjacent to the experimental population area.
    (c) Any regulation promulgated under paragraph (a) of this section 
shall provide:
    (1) Appropriate means to identify the experimental population, 
including, but not limited to, its actual or proposed location; actual 
or anticipated

[[Page 403]]

migration; number of specimens released or to be released; and other 
criteria appropriate to identify the experimental population(s);
    (2) A finding, based solely on the best scientific and commercial 
data available, and the supporting factual basis, on whether the 
experimental population is, or is not, essential to the continued 
existence of the species in the wild;
    (3) Management restrictions, protective measures, or other special 
management concerns of that population, as appropriate, which may 
include, but are not limited to, measures to isolate and/or contain the 
experimental population designated in the regulation from 
nonexperimental populations and protective regulations established 
pursuant to section 4(d) of the Act; and
    (4) A process for periodic review and evaluation of the success or 
failure of the release and the effect of the release on the conservation 
and recovery of the species.
    (d) The Secretary may issue a permit under section 10(a)(1)(A) of 
the Act, if appropriate, to allow acts necessary for the establishment 
and maintenance of an experimental population.
    (e) The National Marine Fisheries Service shall consult with 
appropriate State fish and wildlife agencies, affected tribal 
governments, local governmental entities, affected Federal agencies, and 
affected private landowners in developing and implementing experimental 
population rules. When appropriate, a public meeting will be conducted 
with interested members of the public. Any regulation promulgated 
pursuant to this section shall, to the maximum extent practicable, 
represent an agreement between the National Marine Fisheries Service, 
the affected State and Federal agencies, tribal governments, local 
government entities, and persons holding any interest in land or water 
which may be affected by the establishment of an experimental 
population.
    (f) Any population of an endangered species or a threatened species 
determined by the Secretary to be an experimental population in 
accordance with this subpart shall be identified by special rule in part 
223 as appropriate and separately listed in 50 CFR 17.11(h) (wildlife) 
or 17.12(h) (plants) as appropriate.
    (g) The Secretary may designate critical habitat as defined in 
section (3)(5)(A) of the Act for an essential experimental population as 
determined pursuant to paragraph (c)(2) of this section. Any designation 
of critical habitat for an essential experimental population will be 
made in accordance with section 4 of the Act. No designation of critical 
habitat will be made for nonessential experimental populations.



Sec.  222.503  Prohibitions.

    (a) Any population determined by the Secretary to be an experimental 
population shall be treated as if it were listed as a threatened species 
for purposes of establishing protective regulations under section 4(d) 
of the Act with respect to such population.
    (b) Accordingly, when designating, or revising, an experimental 
population under section 10(j) of the Act, the Secretary may also 
exercise his or her authority under section 4(d) of the Act to include 
protective regulations necessary and advisable to provide for the 
conservation of such species as part of the special rule for the 
experimental population. Any protective regulations applicable to the 
species from which the experimental population was sourced do not apply 
to the experimental population unless specifically included in the 
special rule for the experimental population.



Sec.  222.504  Interagency cooperation.

    (a) Any experimental population determined pursuant to paragraph (c) 
of this section not to be essential to the survival of that species and 
not occurring within the National Park System or the National Wildlife 
Refuge System, shall be treated for purposes of section 7 of the Act 
(other than subsection (a)(1) thereof) as a species proposed to be 
listed under the Act as a threatened species, and the provisions of 
section 7(a)(4) of the Act shall apply.
    (b) Any experimental population that either has been determined 
pursuant to paragraph (c) of this section to be essential to the 
survival of that species, or occurs within the National Park System or 
the National Wildlife Refuge

[[Page 404]]

System as now or hereafter constituted, shall be treated for purposes of 
section 7 of the Act as a threatened species, and the provisions of 
section 7(a)(2) of the Act shall apply.
    (c) For purposes of section 7 of the Act, any consultation on a 
proposed Federal action that may affect both an experimental and a 
nonexperimental population of the same species should consider that 
species' experimental and nonexperimental populations to constitute a 
single listed species for the purposes of conducting the analyses under 
section 7 of the Act.



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 [Reserved]
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 Green sturgeon.
223.211 Atlantic sturgeon.
223.212 Southern DPS of spotted seal.
223.213 Humpback whales.
223.214 Approaching threatened humpback whales in Alaska.
223.215-223.300 [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) for Sec.  
223.206(d)(9).

    Source: 43 FR 32809, July 28, 1978, unless otherwise noted. 
Redesignated at 64 FR 14068, Mar. 23, 1999.



                      Subpart A_General Provisions



Sec.  223.101  Purpose and scope.

    (a) The regulations contained in this part identify the species 
under the jurisdiction of the Secretary of Commerce that have been 
determined to be threatened species pursuant to section 4(a) of the Act, 
and provide for the conservation of such species by establishing rules 
and procedures to govern activities involving the species.
    (b) The regulations contained in this part apply only to the 
threatened species enumerated in Sec.  223.102.
    (c) The provisions of this part are in addition to, and not in lieu 
of, other regulations of parts 222 through 226 of this chapter which 
prescribe additional restrictions or conditions governing threatened 
species.

[64 FR 14068, Mar. 23, 1999, as amended at 79 FR 20806, Apr. 14, 2014]

[[Page 405]]



Sec.  223.102  Enumeration of threatened marine and anadromous species.

    (a) The table below identifies the species under the jurisdiction of 
the Secretary of Commerce that have been determined to be threatened 
pursuant to section 4(a) of the Act, species treated as threatened 
because they are sufficiently similar in appearance to threatened 
species, and experimental populations of threatened species.
    (b) The columns entitled ``Common name,'' ``Scientific name,'' and 
``Description of listed entity'' define the species within the meaning 
of the Act. In the ``Common name'' column, experimental populations are 
identified as ``XE'' for essential populations or ``XN'' for 
nonessential populations. Species listed based on similarity of 
appearance are identified as ``S/A.'' Although a column for ``Common 
name'' is included, common names cannot be relied upon for 
identification of any specimen, because they may vary greatly in local 
usage. The ``Scientific name'' column provides the most recently 
accepted scientific name, relying to the extent practicable on the 
International Code of Zoological Nomenclature. In cases in which 
confusion might arise, a synonym(s) will be provided in parentheses. The 
``Description of listed entity'' column identifies whether the listed 
entity comprises the entire species, a subspecies, or a distinct 
population segment (DPS) and provides a description for any DPSs. Unless 
otherwise indicated in the ``Description of listed entity'' column, all 
individual members of the listed entity and their progeny retain their 
listing status wherever found, including individuals in captivity. 
Information regarding the general range of the species, subspecies, or 
DPS may be found in the Federal Register notice(s) cited in the 
``Citation(s) for listing determination(s)'' column.
    (c) The ``Citation(s) for listing determination(s)'' column provides 
reference to the Federal Register notice(s) determining the species' 
status under the Act. The abbreviation ``(SPR)'' (significant portion of 
its range) after a citation indicates that the species was listed based 
on its status in a significant portion of its range. If a citation does 
not include the ``(SPR)'' notation, it means that the species was listed 
based on its status throughout its entire range. For ``(SPR)'' listings, 
a geographical description of the SPR may be found in the referenced 
Federal Register notice. The ``(SPR)'' notation serves an informational 
purpose only and does not imply any limitation on the application of the 
prohibitions or restrictions of the Act or implementing rules.
    (d) The ``Critical habitat'' and ``ESA rules'' columns provide 
cross-references to other sections in this part and part 226. The term 
``NA'' appearing in the ``Critical habitat'' column indicates that there 
are no critical habitat designations for that species; similarly, the 
term ``NA'' appearing in the ``ESA rules'' column indicates that there 
are no ESA rules for that species. However, all other applicable rules 
in parts 222 through 226 and part 402 still apply to that species. Also, 
there may be other rules in this title that relate to such wildlife. The 
``ESA rules'' column is not intended to list all Federal, state, tribal, 
or local governmental regulations that may apply to the species.
    (e) The threatened species under the jurisdiction of the Secretary 
of Commerce are:

----------------------------------------------------------------------------------------------------------------
                           Species \1\
------------------------------------------------------------------  Citation(s) for    Critical
                                                  Description of        listing        habitat      ESA rules
         Common name            Scientific name    listed entity    determination(s)
----------------------------------------------------------------------------------------------------------------
                                                 Marine Mammals
----------------------------------------------------------------------------------------------------------------
Dolphin, Hector's............  Cephalorhynchus   Entire            82 FR 43701,              NA  NA
                                hectori hectori.  subspecies.       Sept. 19, 2017.

[[Page 406]]

 
Seal, bearded (Beringia DPS).  Erignathus        Bearded seals     77 FR 76740, Dec.    226.229  NA
                                barbatus          originating       28, 2012.
                                nauticus.         from breeding
                                                  areas in the
                                                  Arctic Ocean
                                                  and adjacent
                                                  seas in the
                                                  Pacific Ocean
                                                  between
                                                  145[deg] E
                                                  Long.
                                                  (Novosibirskiye
                                                  ) and 130[deg]
                                                  W Long., and
                                                  east of
                                                  157[deg] E
                                                  Long. or east
                                                  of the
                                                  Kamchatka
                                                  Peninsula.
Seal, bearded (Okhotsk DPS)..  Erignathus        Bearded seals     77 FR 76740, Dec.         NA  NA.
                                barbatus          originating       28, 2012.
                                nauticus.         from breeding
                                                  areas in the
                                                  Pacific Ocean
                                                  west of
                                                  157[deg] E.
                                                  Long. or west
                                                  of the
                                                  Kamchatka
                                                  Peninsula.
Seal, Guadalupe fur..........  Arctocephalus     Entire species..  50 FR 51252, Dec.         NA  223.201.
                                townsendi.                          16, 1985.
Seal, ringed (Arctic           Phoca (=Pusa)     Entire            77 FR 76706, Dec.    226.228  NA
 subspecies).                   hispida hispida.  subspecies.       28, 2012.
Seal, ringed (Baltic           Phoca (=Pusa)     Entire            77 FR 76706, Dec.         NA  NA.
 subspecies).                   hispida botnica.  subspecies.       28, 2012.
Seal, ringed (Okhotsk          Phoca (=Pusa)     Entire            77 FR 76706, Dec.         NA  NA.
 subspecies).                   hispida           subspecies.       28, 2012.
                                ochotensis.
Seal, spotted (Southern DPS).  Phoca largha....  Spotted seals     75 FR 65239, Oct.         NA  223.212.
                                                  originating       22, 2010.
                                                  from breeding
                                                  areas in the
                                                  Pacific Ocean
                                                  south of
                                                  43[deg] N. Lat.
----------------------------------------------------------------------------------------------------------------
Whale, humpback (Mexico DPS).  Megaptera         Humpback whales   81 FR 62260,         226.227  223.213
                                novaeangliae.     that breed or     Sept. 8, 2016.
                                                  winter in the
                                                  area of
                                                  mainland Mexico
                                                  and the
                                                  Revillagigedo
                                                  Islands,
                                                  transit Baja
                                                  California, or
                                                  feed in the
                                                  North Pacific
                                                  Ocean,
                                                  primarily off
                                                  California-
                                                  Oregon,
                                                  northern
                                                  Washington-
                                                  southern
                                                  British
                                                  Columbia,
                                                  northern and
                                                  western Gulf of
                                                  Alaska and East
                                                  Bering Sea.
                                                  Reptiles \2\
----------------------------------------------------------------------------------------------------------------
 Sea turtle, green (Central    Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 North Pacific DPS).                              turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the
                                                  Central North
                                                  Pacific Ocean,
                                                  bounded by the
                                                  following
                                                  coordinates:
                                                  41[deg] N.,
                                                  169[deg] E. in
                                                  the northwest;
                                                  41[deg] N.,
                                                  143[deg] W. in
                                                  the northeast;
                                                  9[deg] N.,
                                                  125[deg] W. in
                                                  the southeast;
                                                  and 9[deg] N.,
                                                  175[deg] W. in
                                                  the southwest.
Sea turtle, green (East        Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 Indian-West Pacific DPS).                        turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the
                                                  Eastern Indian
                                                  and Western
                                                  Pacific Oceans,
                                                  bounded by the
                                                  following lines
                                                  and
                                                  coordinates:
                                                  41[deg] N. Lat.
                                                  in the north,
                                                  41[deg] N.,
                                                  146[deg] E. in
                                                  the northeast;
                                                  4.5[deg] N.,
                                                  129[deg] E. in
                                                  the southeast;
                                                  along the
                                                  southern coast
                                                  of the island
                                                  of New Guinea;
                                                  along the
                                                  western coast
                                                  of Australia
                                                  (west of
                                                  142[deg] E.
                                                  Long.); 40[deg]
                                                  S. Lat. in the
                                                  south; and
                                                  84[deg] E.
                                                  Long. in the
                                                  east.

[[Page 407]]

 
Sea turtle, green (East        Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 Pacific DPS).                                    turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the East
                                                  Pacific Ocean,
                                                  bounded by the
                                                  following lines
                                                  and
                                                  coordinates:
                                                  41[deg] N.,
                                                  143[deg] W. in
                                                  the northwest;
                                                  41[deg] N. Lat.
                                                  in the north;
                                                  along the
                                                  western coasts
                                                  of the
                                                  Americas;
                                                  40[deg] S. Lat.
                                                  in the south;
                                                  and 40[deg] S.,
                                                  96[deg] W. in
                                                  the southwest.
Sea turtle, green (North       Chelonia mydas..  Green sea         81 FR 20058, Apr.    226.208  223.205,
 Atlantic DPS).                                   turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the North
                                                  Atlantic Ocean,
                                                  bounded by the
                                                  following lines
                                                  and
                                                  coordinates:
                                                  48[deg] N. Lat.
                                                  in the north,
                                                  along the
                                                  western coasts
                                                  of Europe and
                                                  Africa (west of
                                                  5.5[deg] W.
                                                  Long.); north
                                                  of 19[deg] N.
                                                  Lat. in the
                                                  east; bounded
                                                  by 19[deg] N.,
                                                  65.1[deg] W. to
                                                  14[deg] N.,
                                                  65.1[deg] W.
                                                  then 14[deg]
                                                  N., 77[deg] W.
                                                  in the south
                                                  and west; and
                                                  along the
                                                  eastern coasts
                                                  of the Americas
                                                  (north of
                                                  7.5[deg] N.,
                                                  77[deg] W.).
Sea turtle, green (North       Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 Indian DPS).                                     turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the North
                                                  Indian Ocean,
                                                  bounded by:
                                                  Africa and Asia
                                                  in the west and
                                                  north; 84[deg]
                                                  E. Long. in the
                                                  east; and the
                                                  equator in the
                                                  south.
Sea turtle, green (South       Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 Atlantic DPS).                                   turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the South
                                                  Atlantic Ocean,
                                                  bounded by the
                                                  following lines
                                                  and
                                                  coordinates:
                                                  Along the
                                                  northern and
                                                  eastern coasts
                                                  of South
                                                  America (east
                                                  of 7.5[deg] N.,
                                                  77[deg] W.);
                                                  14[deg] N.,
                                                  77[deg] W. to
                                                  14[deg] N.,
                                                  65.1[deg] W. to
                                                  19[deg] N.,
                                                  65.1[deg] W. in
                                                  the north and
                                                  west; 19[deg]
                                                  N. Lat. in the
                                                  northeast;
                                                  40[deg] S.,
                                                  19[deg] E. in
                                                  the southeast;
                                                  and 40[deg] S.
                                                  Lat. in the
                                                  south.
Sea turtle, green (Southwest   Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 Indian DPS).                                     turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the
                                                  Southwest
                                                  Indian Ocean,
                                                  bounded by the
                                                  following
                                                  lines: The
                                                  equator to the
                                                  north; 84[deg]
                                                  E. Long. to the
                                                  east; 40[deg]
                                                  S. Lat. to the
                                                  south; and
                                                  19[deg] E. Long
                                                  (and along the
                                                  eastern coast
                                                  of Africa) in
                                                  the west.
Sea turtle, green (Southwest   Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  223.205,
 Pacific DPS).                                    turtles           6, 2016.                      223.206,
                                                  originating                                     223.207.
                                                  from the
                                                  Southwest
                                                  Pacific Ocean,
                                                  bounded by the
                                                  following lines
                                                  and
                                                  coordinates:
                                                  Along the
                                                  southern coast
                                                  of the island
                                                  of New Guinea
                                                  and the Torres
                                                  Strait (east of
                                                  142[deg] E
                                                  Long.); 13[deg]
                                                  S., 171[deg] E.
                                                  in the
                                                  northeast;
                                                  40[deg] S.,
                                                  176[deg] E. in
                                                  the southeast;
                                                  and 40[deg] S.,
                                                  142[deg] E. in
                                                  the southwest.
Sea turtle, loggerhead         Caretta caretta.  Loggerhead sea    76 FR 58868,       17.95(c),  223.205,
 (Northwest Atlantic Ocean                        turtles           Sept. 22, 2011.     226.223   223.206,
 DPS).                                            originating                                     223.207.
                                                  from the
                                                  Northwest
                                                  Atlantic Ocean
                                                  north of the
                                                  equator, south
                                                  of 60[deg] N.
                                                  Lat., and west
                                                  of 40[deg] W.
                                                  Long.

[[Page 408]]

 
Sea turtle, loggerhead (South  Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  223.205,
 Atlantic Ocean DPS).                             turtles           Sept. 22, 2011.               223.206,
                                                  originating                                     223.207.
                                                  from the South
                                                  Atlantic Ocean
                                                  south of the
                                                  equator, north
                                                  of 60[deg] S.
                                                  Lat., west of
                                                  20[deg] E.
                                                  Long., and east
                                                  of 67[deg] W.
                                                  Long.
Sea turtle, loggerhead         Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  223.205,
 (Southeast Indo-Pacific                          turtles           Sept. 22, 2011.               223.206,
 Ocean DPS).                                      originating                                     223.207.
                                                  from the
                                                  Southeast
                                                  Indian Ocean
                                                  south of 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.
Sea turtle, loggerhead         Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  223.205,
 (Southwest Indian Ocean DPS).                    turtles           Sept. 22, 2011.               223.206,
                                                  originating                                     223.207.
                                                  from the
                                                  Southwest
                                                  Indian Ocean
                                                  south of the
                                                  equator, north
                                                  of 60[deg] S.
                                                  Lat., east of
                                                  20[deg] E.
                                                  Long., and west
                                                  of 80[deg] E.
                                                  Long.
Sea turtle, olive ridley.....  Lepidochelys      Entire species,   43 FR 32800, July         NA  223.205,
                                olivacea.         except when       28, 1978.                     223.206,
                                                  listed as                                       223.207.
                                                  endangered
                                                  under Sec.
                                                  224.101.
----------------------------------------------------------------------------------------------------------------
                                                     Fishes
----------------------------------------------------------------------------------------------------------------
Cardinalfish, Banggai........  Pterapogon        Entire species..  81 FR 3023, Jan.          NA  NA.
                                kauderni.                           20, 2016.
Coelacanth, African            Latimeria         African           81 FR 17398, Mar.         NA  NA.
 (Tanzanian DPS).               chalumnae.        coelacanth        29, 2016.
                                                  population
                                                  inhabiting deep
                                                  waters off the
                                                  coast of
                                                  Tanzania.
Eulachon (Southern DPS)......  Thaleichthys      Eulachon          75 FR 13012, Mar.    226.222  NA.
                                pacificus.        originating       18, 2010.
                                                  from the Skeena
                                                  River in
                                                  British
                                                  Columbia south
                                                  to and
                                                  including the
                                                  Mad River in
                                                  northern
                                                  California.
Grouper, island..............  Mycteroperca      Entire species..  81 FR 72545, Oct.         NA  NA.
                                fusca.                              20, 2016.
Grouper, Nassau..............  Epinephelus       Entire species..  81 FR 42268, June         NA  NA.
                                striatus.                           29, 2016.
Guitarfish, blackchin........  Rhinobatos        Entire species..  82 FR 6309, Jan.          NA  NA.
                                cemciculus.                         19, 2017.
Guitarfish, common...........  Rhinobatos        Entire species..  82 FR 6309, Jan.          NA  NA.
                                rhinobatos.                         19, 2017.
Ray, giant manta.............  Manta birostris.  Entire species..  83 FR 2916, Jan.          NA  NA
                                                                    22, 2018.
Rockfish, yelloweye (Puget     Sebastes          Yelloweye         75 FR 22276, Apr.    226.224  NA.
 Sound/Georgia Basin DPS).      ruberrimus.       rockfish          28, 2010.
                                                  residing within
                                                  the Puget Sound/
                                                  Georgia Basin,
                                                  inclusive of
                                                  the Queen
                                                  Charlotte
                                                  Channel to
                                                  Malcom Island,
                                                  in a straight
                                                  line between
                                                  the western
                                                  shores of Numas
                                                  and Malcom
                                                  Islands--N 50
                                                  50[min]46[sec],
                                                  W 127
                                                  5[min]55[sec]
                                                  and N 50
                                                  36[min]49[sec],
                                                  W 127
                                                  10[min]17[sec]
                                                  The Western
                                                  Boundary of the
                                                  U.S. side in
                                                  the Strait of
                                                  Juan de Fuca is
                                                  N 48
                                                  7[min]16[sec],
                                                  W123
                                                  17[min]15[sec]
                                                  in a straight
                                                  line to the
                                                  Canadian side
                                                  at N 48
                                                  24[min]40[sec],
                                                  123
                                                  17[min]38[sec].
Salmon, Chinook (California    Oncorhynchus      Naturally         70 FR 37160, June    226.211  223.203.
 Coastal ESU).                  tshawytscha.      spawned Chinook   28, 2005.
                                                  salmon
                                                  originating
                                                  from rivers and
                                                  streams south
                                                  of the Klamath
                                                  River to and
                                                  including the
                                                  Russian River.

[[Page 409]]

 
Salmon, Chinook (Central       Oncorhynchus      Naturally         70 FR 37160, June    226.211  223.203.
 Valley spring-run ESU).        tshawytscha.      spawned spring-   28, 2005.
                                                  run Chinook
                                                  salmon
                                                  originating
                                                  from the
                                                  Sacramento
                                                  River and its
                                                  tributaries.
                                                  Also, spring-
                                                  run Chinook
                                                  salmon from the
                                                  Feather River
                                                  Hatchery Spring-
                                                  run Chinook
                                                  Program. This
                                                  DPS does not
                                                  include Chinook
                                                  salmon that are
                                                  designated as
                                                  part of an
                                                  experimental
                                                  population.
Salmon, Chinook (Central       Oncorhynchus      Central Valley    78 FR 79622, Dec.         NA  223.301.
 Valley spring-run ESU-XN).     tshawytscha.      spring-run        31, 2013.
                                                  Chinook salmon
                                                  only when, and
                                                  at such times
                                                  as, they are
                                                  found in the
                                                  San Joaquin
                                                  River from
                                                  Friant Dam
                                                  downstream to
                                                  its confluence
                                                  with the Merced
                                                  River,
                                                  delineated by a
                                                  line between
                                                  decimal
                                                  latitude and
                                                  longitude
                                                  coordinates:
                                                  37.348930[deg]
                                                  N.,
                                                  120.975174[deg]
                                                  W. and
                                                  37.349099[deg]
                                                  N.,
                                                  120.974749[deg]
                                                  W., as well as
                                                  all sloughs,
                                                  channels,
                                                  floodways, and
                                                  waterways
                                                  connected with
                                                  the San Joaquin
                                                  River that
                                                  allow for
                                                  Central Valley
                                                  spring-run
                                                  Chinook salmon
                                                  access, but
                                                  excluding the
                                                  Merced River.
                                                  Also, Central
                                                  Valley spring-
                                                  run Chinook
                                                  salmon when
                                                  found in
                                                  portions of the
                                                  Kings River
                                                  that connect
                                                  with the San
                                                  Joaquin River
                                                  during high
                                                  water years.
Salmon, Chinook (Central       Oncorhynchus      Central Valley    88 FR 58511, Aug.         NA
 Valley spring-run ESU-XN       tshawytscha.      spring-run        28, 2023.
 Shasta).                                         Chinook salmon
                                                  only when, and
                                                  at such times
                                                  as, they are
                                                  found in the
                                                  NEP Area (from
                                                  Shasta Dam up
                                                  to Pit 7 Dam on
                                                  the Pit River,
                                                  McCloud Dam on
                                                  the McCloud
                                                  River, and Box
                                                  Canyon Dam on
                                                  the upper
                                                  Sacramento
                                                  River. All
                                                  other
                                                  tributaries
                                                  flowing into
                                                  Shasta
                                                  Reservoir up to
                                                  the ridge line,
                                                  including
                                                  tributaries
                                                  below Pit 7
                                                  Dam, McCloud
                                                  Dam, and Box
                                                  Canyon Dam, up
                                                  to the ridge
                                                  line would be
                                                  included in the
                                                  NEP Area).
Salmon, Chinook (Central       Oncorhynchus      Central Valley    87 FR 79808, Dec.         NA  223.301
 Valley spring-run ESU-XN       tshawytscha.      spring-run        28, 2022.
 Yuba).                                           Chinook salmon
                                                  only when, and
                                                  at such times
                                                  as, they are
                                                  found in the
                                                  upper Yuba
                                                  River
                                                  watershed,
                                                  upstream of
                                                  Englebright Dam.

[[Page 410]]

 
Salmon, Chinook (Lower         Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 Columbia River ESU).           tshawytscha.      spawned Chinook   28, 2005.
                                                  salmon
                                                  originating
                                                  from the
                                                  Columbia River
                                                  and its
                                                  tributaries
                                                  downstream of a
                                                  transitional
                                                  point east of
                                                  the Hood and
                                                  White Salmon
                                                  Rivers, and any
                                                  such fish
                                                  originating
                                                  from the
                                                  Willamette
                                                  River and its
                                                  tributaries
                                                  below
                                                  Willamette
                                                  Falls. Not
                                                  included in
                                                  this DPS are:
                                                  (1) Spring-run
                                                  Chinook salmon
                                                  originating
                                                  from the
                                                  Clackamas
                                                  River; (2) fall-
                                                  run Chinook
                                                  salmon
                                                  originating
                                                  from Upper
                                                  Columbia River
                                                  bright hatchery
                                                  stocks, that
                                                  spawn in the
                                                  mainstem
                                                  Columbia River
                                                  below
                                                  Bonneville Dam,
                                                  and in other
                                                  tributaries
                                                  upstream from
                                                  the Sandy River
                                                  to the Hood and
                                                  White Salmon
                                                  Rivers; (3)
                                                  spring-run
                                                  Chinook salmon
                                                  originating
                                                  from the Round
                                                  Butte Hatchery
                                                  (Deschutes
                                                  River, Oregon)
                                                  and spawning in
                                                  the Hood River;
                                                  (4) spring-run
                                                  Chinook salmon
                                                  originating
                                                  from the Carson
                                                  National Fish
                                                  Hatchery and
                                                  spawning in the
                                                  Wind River; and
                                                  (5) naturally
                                                  spawned Chinook
                                                  salmon
                                                  originating
                                                  from the Rogue
                                                  River Fall
                                                  Chinook
                                                  Program. This
                                                  DPS does
                                                  include Chinook
                                                  salmon from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Big Creek Tule
                                                  Chinook
                                                  Program;
                                                  Astoria High
                                                  School Salmon-
                                                  Trout
                                                  Enhancement
                                                  Program (STEP)
                                                  Tule Chinook
                                                  Program;
                                                  Warrenton High
                                                  School STEP
                                                  Tule Chinook
                                                  Program;
                                                  Cowlitz Tule
                                                  Chinook
                                                  Program; North
                                                  Fork Toutle
                                                  Tule Chinook
                                                  Program; Kalama
                                                  Tule Chinook
                                                  Program;
                                                  Washougal River
                                                  Tule Chinook
                                                  Program; Spring
                                                  Creek National
                                                  Fish Hatchery
                                                  (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; Sandy
                                                  River Hatchery
                                                  Program; Deep
                                                  River Net Pens-
                                                  Washougal
                                                  Program;
                                                  Klaskanine
                                                  Hatchery
                                                  Program;
                                                  Bonneville
                                                  Hatchery
                                                  Program; and
                                                  the Cathlamet
                                                  Channel Net
                                                  Pens Program.

[[Page 411]]

 
Salmon, Chinook (Puget Sound   Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 ESU).                          tshawytscha.      spawned Chinook   28, 2005.
                                                  salmon
                                                  originating
                                                  from rivers
                                                  flowing into
                                                  Puget Sound
                                                  from the Elwha
                                                  River
                                                  (inclusive)
                                                  eastward,
                                                  including
                                                  rivers in Hood
                                                  Canal, South
                                                  Sound, North
                                                  Sound and the
                                                  Strait of
                                                  Georgia. Also,
                                                  Chinook salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Kendall Creek
                                                  Hatchery
                                                  Program;
                                                  Marblemount
                                                  Hatchery
                                                  Program (spring-
                                                  run);
                                                  Marblemount
                                                  Hatchery
                                                  Program (summer-
                                                  run); Brenner
                                                  Creek Hatchery
                                                  Program (fall-
                                                  run); Harvey
                                                  Creek Hatchery
                                                  Program (summer-
                                                  run);
                                                  Whitehorse
                                                  Springs
                                                  Hatchery
                                                  Program (summer-
                                                  run); Wallace
                                                  River Hatchery
                                                  Program
                                                  (yearlings and
                                                  subyearlings);
                                                  Issaquah Creek
                                                  Hatchery
                                                  Program; White
                                                  River Hatchery
                                                  Program; White
                                                  River
                                                  Acclimation
                                                  Pond Program;
                                                  Voights Creek
                                                  Hatchery
                                                  Program; Clarks
                                                  Creek Hatchery
                                                  Program; Clear
                                                  Creek Hatchery
                                                  Program; Kalama
                                                  Creek Hatchery
                                                  Program; George
                                                  Adams Hatchery
                                                  Program; Hamma
                                                  Hamma Hatchery
                                                  Program;
                                                  Dungeness/Hurd
                                                  Creek Hatchery
                                                  Program; Elwha
                                                  Channel
                                                  Hatchery
                                                  Program;
                                                  Skookum Creek
                                                  Hatchery Spring-
                                                  run Program;
                                                  Bernie Kai-Kai
                                                  Gobin (Tulalip)
                                                  Hatchery-
                                                  Cascade
                                                  Program; North
                                                  Fork Skokomish
                                                  River Spring-
                                                  run Program;
                                                  Soos Creek
                                                  Hatchery
                                                  Program
                                                  (subyearlings
                                                  and yearlings);
                                                  Fish
                                                  Restoration
                                                  Facility
                                                  Program; Bernie
                                                  Kai-Kai Gobin
                                                  (Tulalip)
                                                  Hatchery-
                                                  Skykomish
                                                  Program; and
                                                  Hupp Springs
                                                  Hatchery-Adult
                                                  Returns to
                                                  Minter Creek
                                                  Program.
Salmon, Chinook (Sacramento    Oncorhynchus      Sacramento        88 FR 58511, Aug.         NA
 winter-run ESU-XN Shasta).     tshawytscha.      winter-run        28, 2023.
                                                  Chinook salmon
                                                  only when, and
                                                  at such times
                                                  as, they are
                                                  found in the
                                                  NEP Area (from
                                                  Shasta Dam up
                                                  to Pit 7 Dam on
                                                  the Pit River,
                                                  McCloud Dam on
                                                  the McCloud
                                                  River, and Box
                                                  Canyon Dam on
                                                  the upper
                                                  Sacramento
                                                  River. All
                                                  other
                                                  tributaries
                                                  flowing into
                                                  Shasta
                                                  Reservoir up to
                                                  the ridge line,
                                                  including
                                                  tributaries
                                                  below Pit 7
                                                  Dam, McCloud
                                                  Dam, and Box
                                                  Canyon Dam, up
                                                  to the ridge
                                                  line would be
                                                  included in the
                                                  NEP Area).

[[Page 412]]

 
Salmon, Chinook (Snake River   Oncorhynchus      Naturally         70 FR 37160, June    226.205  223.203
 fall-run ESU).                 tshawytscha.      spawned fall-     28, 2005.
                                                  run Chinook
                                                  salmon
                                                  originating
                                                  from the
                                                  mainstem Snake
                                                  River below
                                                  Hells Canyon
                                                  Dam and from
                                                  the Tucannon
                                                  River, Grande
                                                  Ronde River,
                                                  Imnaha River,
                                                  Salmon River,
                                                  and Clearwater
                                                  River
                                                  subbasins.
                                                  Also, fall-run
                                                  Chinook salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Lyons Ferry
                                                  Hatchery
                                                  Program; Fall
                                                  Chinook
                                                  Acclimation
                                                  Ponds Program;
                                                  Nez Perce
                                                  Tribal Hatchery
                                                  Program; and
                                                  the Idaho Power
                                                  Program.
Salmon, Chinook (Snake River   Oncorhynchus      Naturally         70 FR 37160, June    226.205  223.203
 spring/summer-run ESU).        tshawytscha.      spawned spring/   28, 2005.
                                                  summer-run
                                                  Chinook salmon
                                                  originating
                                                  from the
                                                  mainstem Snake
                                                  River and the
                                                  Tucannon River,
                                                  Grande Ronde
                                                  River, Imnaha
                                                  River, and
                                                  Salmon River
                                                  subbasins.
                                                  Also, spring/
                                                  summer-run
                                                  Chinook salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Tucannon River
                                                  Program;
                                                  Lostine River
                                                  Program;
                                                  Catherine Creek
                                                  Program;
                                                  Lookingglass
                                                  Hatchery
                                                  Program; Upper
                                                  Grande Ronde
                                                  Program; Imnaha
                                                  River Program;
                                                  McCall Hatchery
                                                  Program;
                                                  Johnson Creek
                                                  Artificial
                                                  Propagation
                                                  Enhancement
                                                  Program;
                                                  Pahsimeroi
                                                  Hatchery
                                                  Program;
                                                  Sawtooth
                                                  Hatchery
                                                  Program; Yankee
                                                  Fork Program;
                                                  South For
                                                  Salmon River
                                                  Eggbox Program;
                                                  and the Panther
                                                  Creek Program.
Salmon, Chinook (Upper         Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 Willamette River ESU).         tshawytscha.      spawned spring-   28, 2005.
                                                  run Chinook
                                                  salmon
                                                  originating
                                                  from the
                                                  Clackamas River
                                                  and from the
                                                  Willamette
                                                  River and its
                                                  tributaries
                                                  above
                                                  Willamette
                                                  Falls. Also,
                                                  spring-run
                                                  Chinook salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  McKenzie River
                                                  Hatchery
                                                  Program;
                                                  Willamette
                                                  Hatchery
                                                  Program;
                                                  Clackamas
                                                  Hatchery
                                                  Program; North
                                                  Santiam River
                                                  Program; South
                                                  Santiam River
                                                  Program; and
                                                  the Mollala
                                                  River Program.
Salmon, Chinook (Upper         Oncorhynchus      Upper Columbia    79 FR 40004, July         NA  223.301.
 Columbia River spring-run      tshawytscha.      River spring-     11, 2014.
 ESU-XN).                                         run Chinook
                                                  salmon only
                                                  when, and at
                                                  such times, as
                                                  they are found
                                                  in the mainstem
                                                  or tributaries
                                                  of the Okanogan
                                                  River from the
                                                  Canada-United
                                                  States border
                                                  to the
                                                  confluence of
                                                  the Okanogan
                                                  River with the
                                                  Columbia River,
                                                  Washington.

[[Page 413]]

 
Salmon, chum (Columbia River   Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 ESU).                          keta.             spawned chum      28, 2005.
                                                  salmon
                                                  originating
                                                  from the
                                                  Columbia River
                                                  and its
                                                  tributaries in
                                                  Washington and
                                                  Oregon. Also,
                                                  chum salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Grays River
                                                  Program;
                                                  Washougal River
                                                  Hatchery/Duncan
                                                  Creek Program;
                                                  and the Big
                                                  Creek Hatchery
                                                  Program.
Salmon, chum (Hood Canal       Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 summer-run ESU).               keta.             spawned summer-   28, 2005.
                                                  run chum salmon
                                                  originating
                                                  from Hood Canal
                                                  and its
                                                  tributaries as
                                                  well as from
                                                  Olympic
                                                  Peninsula
                                                  rivers between
                                                  Hood Canal and
                                                  Dungeness Bay
                                                  (inclusive).
                                                  Also, summer-
                                                  run chum salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Lilliwaup Creek
                                                  Fish Hatchery
                                                  Program; and
                                                  the Tahuya
                                                  River Program.
Salmon, coho (Lower Columbia   Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 River ESU).                    kisutch.          spawned coho      28, 2005.
                                                  salmon
                                                  originating
                                                  from the
                                                  Columbia River
                                                  and its
                                                  tributaries
                                                  downstream from
                                                  the Big White
                                                  Salmon and Hood
                                                  Rivers
                                                  (inclusive) and
                                                  any such fish
                                                  originating
                                                  from the
                                                  Willamette
                                                  River and its
                                                  tributaries
                                                  below
                                                  Willamette
                                                  Falls. Also,
                                                  coho salmon
                                                  from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Grays River
                                                  Program;
                                                  Peterson Coho
                                                  Project; Big
                                                  Creek Hatchery
                                                  Program;
                                                  Astoria High
                                                  School Salmon-
                                                  Trout
                                                  Enhancement
                                                  Program (STEP)
                                                  Coho Program;
                                                  Warrenton High
                                                  School STEP
                                                  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 Type-S
                                                  Hatchery
                                                  Program; Kalama
                                                  River Type-N
                                                  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;
                                                  Washougal River
                                                  Type-N Coho
                                                  Program; Eagle
                                                  Creek National
                                                  Fish Hatchery
                                                  Program; Sandy
                                                  Hatchery
                                                  Program;
                                                  Bonneville/
                                                  Cascade/Oxbow
                                                  Complex
                                                  Hatchery
                                                  Program;
                                                  Clatsop County
                                                  Fisheries Net
                                                  Pen Program;
                                                  and the Clatsop
                                                  County
                                                  Fisheries/
                                                  Klaskanine
                                                  Hatchery
                                                  Program.

[[Page 414]]

 
Salmon, coho (Oregon Coast     Oncorhynchus      Naturally         76 FR 35755, June    226.212  223.203
 ESU).                          kisutch.          spawned coho      20, 2011.
                                                  salmon
                                                  originating
                                                  from coastal
                                                  rivers south of
                                                  the Columbia
                                                  River and north
                                                  of Cape Blanco.
                                                  Also, coho
                                                  salmon from the
                                                  Cow Creek
                                                  Hatchery
                                                  Program.
Salmon, coho (Southern Oregon/ Oncorhynchus      Naturally         70 FR 37160, June    226.210  223.203
 Northern California Coast      kisutch.          spawned coho      28, 2005.
 ESU).                                            salmon
                                                  originating
                                                  from coastal
                                                  streams and
                                                  rivers between
                                                  Cape Blanco,
                                                  Oregon, and
                                                  Punta Gorda,
                                                  California.
                                                  Also, coho
                                                  salmon from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Cole Rivers
                                                  Hatchery
                                                  Program;
                                                  Trinity River
                                                  Hatchery
                                                  Program; and
                                                  the Iron Gate
                                                  Hatchery
                                                  Program.
Salmon, sockeye (Ozette Lake   Oncorhynchus      Naturally         70 FR 37160, June    226.212  223.203
 ESU).                          nerka.            spawned sockeye   28, 2005.
                                                  salmon
                                                  originating
                                                  from the Ozette
                                                  River and
                                                  Ozette Lake and
                                                  its
                                                  tributaries.
                                                  Also, sockeye
                                                  salmon from the
                                                  Umbrella Creek/
                                                  Big River
                                                  Hatchery
                                                  Program.
Shark, narrownose smoothhound  Mustelus          Entire species..  82 FR 21722, May          NA  NA
                                schmitti.                           10, 2017.
Shark, oceanic whitetip......  Carcharhinuss     Entire species..  83 FR 4153, Jan.          NA  NA
                                longimanus.                         30, 2018.
Shark, scalloped hammerhead    Sphyrna lewini..  Scalloped         79 FR 38214, July         NA  NA.
 (Central & Southwest                             hammerhead        3, 2014.
 Atlantic DPS).                                   sharks
                                                  originating
                                                  from the
                                                  Central &
                                                  Southwest
                                                  Atlantic Ocean,
                                                  including all
                                                  waters of the
                                                  Caribbean Sea,
                                                  the Bahamas'
                                                  EEZ off the
                                                  coast of
                                                  Florida, the
                                                  U.S. EEZ off
                                                  Puerto Rico and
                                                  the U.S. Virgin
                                                  Islands, and
                                                  Cuba's EEZ, and
                                                  further
                                                  delineated by
                                                  the following
                                                  boundary lines:
                                                  bounded to the
                                                  north by
                                                  28[deg] N.
                                                  lat., to the
                                                  east by 30[deg]
                                                  W. long., and
                                                  to the south by
                                                  36[deg] S. lat.
Shark, scalloped hammerhead    Sphyrna lewini..  Scalloped         79 FR 38214, July         NA  NA.
 (Indo-West Pacific DPS).                         hammerhead        3, 2014.
                                                  sharks
                                                  originating
                                                  from the Indo-
                                                  West Pacific
                                                  Ocean,
                                                  delineated by
                                                  the following
                                                  boundary lines:
                                                  bounded to the
                                                  south by
                                                  36[deg] S.
                                                  lat., to the
                                                  west by 20[deg]
                                                  E. long., and
                                                  to the north by
                                                  40[deg] N. lat.
                                                  In the east,
                                                  the boundary
                                                  line extends
                                                  from 175[deg]
                                                  E. long. due
                                                  south to
                                                  10[deg] N.
                                                  lat., then due
                                                  east along
                                                  10[deg] N. lat.
                                                  to 150[deg] W.
                                                  long., then due
                                                  south to 4[deg]
                                                  S. lat., then
                                                  due east along
                                                  4[deg] S. lat.
                                                  to 130[deg] W.
                                                  long, and then
                                                  extends due
                                                  south along
                                                  130[deg] W.
                                                  long.

[[Page 415]]

 
Steelhead (California Central  Oncorhynchus      Naturally         71 FR 834, Jan.      226.211  223.203
 Valley DPS).                   mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Sacramento
                                                  and San Joaquin
                                                  Rivers and
                                                  their
                                                  tributaries;
                                                  excludes such
                                                  fish
                                                  originating
                                                  from San
                                                  Francisco and
                                                  San Pablo Bays
                                                  and their
                                                  tributaries.
                                                  This DPS
                                                  includes
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Coleman
                                                  National Fish
                                                  Hatchery
                                                  Program;
                                                  Feather River
                                                  Fish Hatchery
                                                  Program; and
                                                  the Mokelumne
                                                  River Hatchery
                                                  Program.
Steelhead (Central California  Oncorhynchus      Naturally         71 FR 834, Jan.      226.211  223.203
 Coast DPS).                    mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Russian
                                                  River to and
                                                  including Aptos
                                                  Creek, and all
                                                  drainages of
                                                  San Francisco
                                                  and San Pablo
                                                  Bays eastward
                                                  to Chipps
                                                  Island at the
                                                  confluence of
                                                  the Sacramento
                                                  and San Joaquin
                                                  Rivers. Also,
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Don Clausen
                                                  Fish Hatchery
                                                  Program, and
                                                  the Kingfisher
                                                  Flat Hatchery
                                                  Program
                                                  (Monterey Bay
                                                  Salmon and
                                                  Trout Project).
Steelhead (Lower Columbia      Oncorhynchus      Naturally         71 FR 834, Jan.      226.212  223.203
 River DPS).                    mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  rivers between
                                                  the Cowlitz and
                                                  Wind Rivers
                                                  (inclusive) and
                                                  the Willamette
                                                  and Hood Rivers
                                                  (inclusive);
                                                  excludes such
                                                  fish
                                                  originating
                                                  from the upper
                                                  Willamette
                                                  River basin
                                                  above
                                                  Willamette
                                                  Falls. This DPS
                                                  includes
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Cowlitz Trout
                                                  Hatchery Late
                                                  Winter-run
                                                  Program (Lower
                                                  Cowlitz);
                                                  Kalama River
                                                  Wild Winter-run
                                                  and Summer-run
                                                  Programs;
                                                  Clackamas
                                                  Hatchery Late
                                                  Winter-run
                                                  Program; Sandy
                                                  Hatchery Late
                                                  Winter-run
                                                  Program; Hood
                                                  River Winter-
                                                  run Program;
                                                  Lewis River
                                                  Wild Late-run
                                                  Winter
                                                  Steelhead
                                                  Program; Upper
                                                  Cowlitz Wild
                                                  Program; and
                                                  the Tilton
                                                  River Wild
                                                  Program.

[[Page 416]]

 
Steelhead (Middle Columbia     Oncorhynchus      Naturally         71 FR 834, Jan.      226.212  223.203
 River DPS).                    mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Columbia
                                                  River and its
                                                  tributaries
                                                  upstream of the
                                                  Wind and Hood
                                                  Rivers
                                                  (exclusive) to
                                                  and including
                                                  the Yakima
                                                  River; excludes
                                                  such fish
                                                  originating
                                                  from the Snake
                                                  River basin.
                                                  This DPS
                                                  includes
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Touchet River
                                                  Endemic
                                                  Program; Yakima
                                                  River Kelt
                                                  Reconditioning
                                                  Program (in
                                                  Satus Creek,
                                                  Toppenish
                                                  Creek, Naches
                                                  River, and
                                                  Upper Yakima
                                                  River);
                                                  Umatilla River
                                                  Program; and
                                                  the Deschutes
                                                  River Program.
                                                  This DPS does
                                                  not include
                                                  steelhead that
                                                  are designated
                                                  as part of an
                                                  experimental
                                                  population.
Steelhead (Middle Columbia     Oncorhynchus      Middle Columbia   78 FR 2893, Jan.          NA  223.301.
 River DPS-XN).                 mykiss.           River steelhead   15, 2013.
                                                  only when, and
                                                  at such times
                                                  as, they are
                                                  found above
                                                  Round Butte Dam.
Steelhead (Northern            Oncorhynchus      Naturally         71 FR 834, Jan.      226.211  223.203.
 California DPS).               mykiss.           spawned           5, 2006..
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers in
                                                  California
                                                  coastal river
                                                  basins from
                                                  Redwood Creek
                                                  to and
                                                  including the
                                                  Gualala River.
Steelhead (Puget Sound DPS)..  Oncorhynchus      Naturally         72 FR 26722, May     226.212  223.203
                                mykiss.           spawned           11, 2007.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  rivers flowing
                                                  into Puget
                                                  Sound from the
                                                  Elwha River
                                                  (inclusive)
                                                  eastward,
                                                  including
                                                  rivers in Hood
                                                  Canal, South
                                                  Sound, North
                                                  Sound and the
                                                  Strait of
                                                  Georgia. Also,
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Green River
                                                  Natural
                                                  Program; White
                                                  River Winter
                                                  Steelhead
                                                  Supplementation
                                                  Program; Hood
                                                  Canal
                                                  Supplementation
                                                  Program; Lower
                                                  Elwha Fish
                                                  Hatchery Wild
                                                  Steelhead
                                                  Recovery
                                                  Program; and
                                                  the Fish
                                                  Restoration
                                                  Facility
                                                  Program.

[[Page 417]]

 
Steelhead (Snake River Basin   Oncorhynchus      Naturally         71 FR 834, Jan.      226.212  223.203
 DPS).                          mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Snake River
                                                  basin. Also,
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Tucannon River
                                                  Program;
                                                  Dworshak
                                                  National Fish
                                                  Hatchery
                                                  Program; East
                                                  Fork Salmon
                                                  River Natural
                                                  Program; Little
                                                  Sheep Creek/
                                                  Imnaha River
                                                  Hatchery
                                                  Program; Salmon
                                                  River B-run
                                                  Program; and
                                                  the South Fork
                                                  Clearwater
                                                  (Clearwater
                                                  Hatchery) B-run
                                                  Program.
Steelhead (South-Central       Oncorhynchus      Naturally         71 FR 834, Jan.      226.211  223.203.
 California Coast DPS).         mykiss.           spawned           5, 2006..
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Pajaro
                                                  River to (but
                                                  not including)
                                                  the Santa Maria
                                                  River.
Steelhead (Upper Columbia      Oncorhynchus      Naturally         71 FR 834, Jan.      226.212  223.203
 River DPS).                    mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Columbia
                                                  River and its
                                                  tributaries
                                                  upstream of the
                                                  Yakima River to
                                                  the U.S.-Canada
                                                  border. Also,
                                                  steelhead from
                                                  the following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Wenatchee River
                                                  Program; Wells
                                                  Complex
                                                  Hatchery
                                                  Program (in the
                                                  Methow River);
                                                  Winthrop
                                                  National Fish
                                                  Hatchery
                                                  Program;
                                                  Ringold
                                                  Hatchery
                                                  Program; and
                                                  the Okanogan
                                                  River Program.
Steelhead (Upper Willamette    Oncorhynchus      Naturally         71 FR 834, Jan.      226.212  223.203.
 River DPS).                    mykiss.           spawned           5, 2006..
                                                  anadromous
                                                  winter-run O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Willamette
                                                  River and its
                                                  tributaries
                                                  upstream of
                                                  Willamette
                                                  Falls to and
                                                  including the
                                                  Calapooia River.
Sturgeon, Atlantic (Atlantic   Acipenser         Anadromous        77 FR 5880, Feb.          NA  223.211.
 subspecies; Gulf of Maine      oxyrinchus        Atlantic          6, 2012.
 DPS).                          oxyrinchus.       sturgeon
                                                  originating
                                                  from 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,
                                                  Massachusetts.
Sturgeon, Atlantic (Gulf       Acipenser         Entire            56 FR 49653,         226.214  17.44(v).
 subspecies).                   oxyrinchus        subspecies.       Sept. 30, 1991.
                                desotoi.
Sturgeon, green (Southern      Acipenser         Green sturgeon    71 FR 17757, Apr.    226.219  223.210.
 DPS).                          medirostris.      originating       7, 2006; 71 FR
                                                  from the          19241, Apr. 13,
                                                  Sacramento        2006.
                                                  River basin and
                                                  from coastal
                                                  rivers south of
                                                  the Eel River
                                                  (exclusive).
----------------------------------------------------------------------------------------------------------------
                                                    Molluscs
----------------------------------------------------------------------------------------------------------------
Nautilus, chambered..........  Nautilus          Entire species..  83 FR 48976,              NA  NA
                                pompilius.                          Sept. 28, 2018.

[[Page 418]]

 
                                                     Corals
----------------------------------------------------------------------------------------------------------------
Coral, [no common name]......  Acropora          Entire species..  79 FR 53852,              NA  NA.
                                globiceps.                          Sept. 10, 2014..
Coral, [no common name]......  Acropora          Entire species..  79 FR 53852,              NA  NA.
                                jacquelineae.                       Sept. 10, 2014.
Coral, [no common name]......  Acropora lokani.  Entire species..  79 FR 53852,              NA  NA.
                                                                    Sept. 10, 2014.
Coral, [no common name]......  Acropora          Entire species..  79 FR 53852,              NA  NA.
                                pharaonis.                          Sept. 10, 2014.
Coral, [no common name]......  Acropora retusa.  Entire species..  79 FR 53852,              NA  NA.
                                                                    Sept. 10, 2014.
Coral, [no common name]......  Acropora rudis..  Entire species..  79 FR 53852,              NA  NA.
                                                                    Sept. 10, 2014.
Coral, [no common name]......  Acropora          Entire species..  79 FR 53852,              NA  NA.
                                speciosa.                           Sept. 10, 2014.
Coral, [no common name]......  Acropora tenella  Entire species..  79 FR 53852,              NA  NA.
                                                                    Sept. 10, 2014.
Coral, [no common name]......  Anacropora        Entire species..  79 FR 53852,              NA  NA.
                                spinosa.                            Sept. 10, 2014.
Coral, [no common name]......  Euphyllia         Entire species..  79 FR 53852,              NA  NA.
                                paradivisa.                         Sept. 10, 2014.
Coral, [no common name]......  Isopora           Entire species..  79 FR 53852,              NA  NA.
                                crateriformis.                      Sept. 10, 2014.
Coral, [no common name]......  Montipora         Entire species..  79 FR 53852,              NA  NA.
                                australiensis.                      Sept. 10, 2014.
Coral, [no common name]......  Pavona diffluens  Entire species..  79 FR 53852,              NA  NA.
                                                                    Sept. 10, 2014.
Coral, [no common name]......  Porites napopora  Entire species..  79 FR 53852,              NA  NA.
                                                                    Sept. 10, 2014.
Coral, [no common name]......  Seriatopora       Entire species..  79 FR 53852,              NA  NA.
                                aculeata.                           Sept. 10, 2014.
Coral, boulder star..........  Orbicella         Entire species..  79 FR 53852,         226.230  NA
                                franksi.                            Sept. 10, 2014.
Coral, elkhorn...............  Acropora palmata  Entire species..  79 FR 53852,         226.216  223.208.
                                                                    Sept. 10, 2014.
Coral, lobed star............  Orbicella         Entire species..  79 FR 53852,         226.230  NA
                                annularis.                          Sept. 10, 2014.
Coral, mountainous star......  Orbicella         Entire species..  79 FR 53852,         226.230  NA
                                faveolata.                          Sept. 10, 2014.
Coral, pillar................  Dendrogyra        Entire species..  79 FR 53852,         226.230  NA
                                cylindrus.                          Sept. 10, 2014.
Coral, rough cactus..........  Mycetophyllia     Entire species..  79 FR 53852,         226.230  NA
                                ferox.                              Sept. 10, 2014.
Coral, staghorn..............  Acropora          Entire species..  79 FR 53852,         226.216  223.208.
                                cervicornis.                        Sept. 10, 2014.
----------------------------------------------------------------------------------------------------------------
\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.


[[Page 419]]


[79 FR 20806, Apr. 14, 2014, as amended at 79 FR 38240, July 3, 2014; 79 
FR 40015, July 11, 2014; 79 FR 54122, Sept. 10, 2014; 80 FR 7978, Feb. 
13, 2015; 80 FR 60564, Oct. 7, 2015; 81 FR 3030, Jan. 20, 2016; 81 FR 
9276, Feb. 24, 2016; 81 FR 17403, Mar. 29, 2016; 81 FR 20089, Apr. 6, 
2016; 81 FR 42284, June 29, 2016; 81 FR 62319, Sept. 8, 2016; 81 FR 
72549, Oct. 20, 2016; 82 FR 6316, Jan. 19, 2017; 82 FR 7719, Jan. 23, 
2017; 82 FR 21740, May 10, 2017; 82 FR 43710, Sept. 19, 2017; 83 FR 
2931, Jan. 22, 2018; 83 FR 4164, Jan. 30, 2018; 83 FR 48984, Sept. 28, 
2018; 85 FR 81832, Dec. 17, 2020; 86 FR 21152, Apr. 21, 2021; 87 FR 
19228, 19286, Apr. 1, 2022; 87 FR 22141, Apr. 14, 2022; 87 FR 79817, 
Dec. 28, 2022; 88 FR 54054, Aug. 9, 2023; 88 FR 58519, Aug. 28, 2023]



 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 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 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, as amended at 79 FR 20812, Apr. 14, 2014]



Sec.  223.202  [Reserved]



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 West Coast salmon 
ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in Sec.  
223.102.
    (b) Limits on the prohibitions. The limits to the prohibitions of 
paragraph (a) of this section relating to threatened West Coast salmon 
ESUs and steelhead DPSs (of the genus Oncorhynchus) listed in Sec.  
223.102 are described in the following paragraphs:
    (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 West Coast salmon ESUs and steelhead DPSs 
(of the genus Oncorhynchus) listed in Sec.  223.102.
    (2) The prohibitions of paragraph (a) of this section relating to 
threatened Puget Sound steelhead listed in Sec.  223.102 do not apply 
to:
    (i) Activities specified in an application for a permit for 
scientific purposes 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,

[[Page 420]]

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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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 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

[[Page 421]]

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 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) [Reserved]

[[Page 422]]

    (5) The prohibitions of paragraph (a) of this section relating to 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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 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

[[Page 423]]

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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to actions undertaken 
in compliance with a resource management plan developed jointly by the 
States of Washington, Oregon and/or Idaho and the Tribes (joint plan) 
within the continuing jurisdiction of United States v. Washington or 
United States v. Oregon, the on-going Federal court proceedings to 
enforce and implement reserved treaty fishing rights, provided that:
    (i) The Secretary has determined pursuant to 50 CFR 223.209 and the 
government-to-government processes therein that implementing and 
enforcing the joint tribal/state plan will not appreciably reduce the 
likelihood of survival and recovery of affected threatened ESUs.
    (ii) The joint plan will be implemented and enforced within the 
parameters set forth in United States v. Washington or United States v. 
Oregon.
    (iii) In making that determination for a joint plan, the Secretary 
has taken comment on how any fishery management plan addresses the 
criteria in Sec.  223.203(b)(4), or on how any hatchery and genetic 
management plan addresses the criteria in Sec.  223.203(b)(5).
    (iv) The Secretary shall publish notice in the Federal Register of 
any determination whether or not a joint plan, will appreciably reduce 
the likelihood of survival and recovery of affected threatened ESUs, 
together with a discussion of the biological analysis underlying that 
determination.
    (v) On a regular basis, NMFS will evaluate the effectiveness of the 
joint plan in protecting and achieving a level of salmonid productivity 
commensurate with conservation of the listed salmonids. If the plan is 
not effective, then NMFS will identify to the 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

[[Page 424]]

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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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.
    (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

[[Page 425]]

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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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 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,

[[Page 426]]

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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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.
    (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

[[Page 427]]

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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 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.
    (F) MRCI development ordinance or plan adequately protects wetlands 
and wetland functions, including isolated wetlands.

[[Page 428]]

    (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 
the threatened West Coast salmon ESUs and steelhead DPSs (of the genus 
Oncorhynchus) listed in Sec.  223.102 do not apply to non-Federal forest 
management activities conducted in the State of Washington provided 
that:
    (i) The action is in compliance with forest practice regulations 
adopted and

[[Page 429]]

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 West Coast salmon ESUs and steelhead DPSs (of 
the genus Oncorhynchus) listed in Sec.  223.102, any person claiming the 
benefit of any limit listed in paragraph (b) of this section or Sec.  
223.204(a) shall have a defense where the person can demonstrate that 
the limit is applicable and was in force, and that the person fully 
complied with the limit at the time of the alleged violation. This 
defense is an affirmative defense that must be raised, pleaded, and 
proven by the proponent. If proven, this defense will be an absolute 
defense to liability under section 9(a)(1)(G) of the ESA with respect to 
the alleged violation.
    (d) Severability. The provisions of this section and the various 
applications thereof are distinct and severable from

[[Page 430]]

one another. If any provision or the application thereof to any person 
or circumstances is stayed or determined to be invalid, such stay or 
invalidity shall not affect other provisions, or the application of such 
provisions to other persons or circumstances, which can be given effect 
without the stayed or invalid provision or application.

         Appendix A to Sec.  223.203--List of Guidance Documents

    The following is a list of documents cited in the regulatory text. 
Copies of these documents may be obtained upon request from the 
Northwest or Southwest Regional Administrators (see Table 1 in Sec.  
600.502 of this title).
    1. Oregon Department of Transportation (ODOT) Maintenance Management 
System Water Quality and Habitat Guide (July, 1999).
    2. Guidelines for Electrofishing Waters Containing Salmonids Listed 
Under the Endangered Species Act.
    3. Fish Screening Criteria for Anadromous Salmonids, National Marine 
Fisheries Service, Southwest Region, 1997.
    4. Viable Salmonid Populations and the Recovery of Evolutionarily 
Significant Units. (June 2000).

[65 FR 42475, July 10, 2000, as amended at 67 FR 1129, Jan. 9, 2002; 67 
FR 68725, Nov. 12, 2002; 70 FR 37202, 37203, June 28, 2005; 71 FR 5180, 
Feb. 1, 2006; 73 FR 7843, Feb. 11, 2008; 73 FR 55455, Sept. 25, 2008; 76 
FR 12293, Mar. 7, 2011; 79 FR 20812, Apr. 14, 2014]



Sec.  223.204  Tribal plans.

    (a) Limits on the prohibitions. The prohibitions of Sec.  223.203(a) 
of this subpart relating to threatened species of salmonids listed in 
Sec.  223.102 do not apply to any activity undertaken by a tribe, tribal 
member, tribal permittee, tribal employee, or tribal agent in compliance 
with a tribal resource management plan (Tribal Plan), provided that the 
Secretary determines that implementation of such Tribal Plan will not 
appreciably reduce the likelihood of survival and recovery of the listed 
salmonids. In making that determination the Secretary shall use the best 
available biological data (including any tribal data and analysis) to 
determine the Tribal Plan's impact on the biological requirements of the 
species, and will assess the effect of the Tribal Plan on survival and 
recovery, consistent with legally enforceable tribal rights and with the 
Secretary's trust responsibilities to tribes.
    (b) Consideration of a Tribal Plan. (1) A Tribal Plan may include 
but is not limited to plans that address fishery harvest, artificial 
production, research, or water or land management, and may be developed 
by one tribe or jointly with other tribes. The Secretary will consult on 
a government-to-government basis with any tribe that so requests and 
will provide to the maximum extent practicable technical assistance in 
examining impacts on listed salmonids and other salmonids as tribes 
develop tribal resource management plans that meet the management 
responsibilities and needs of the tribes. A Tribal Plan must specify the 
procedures by which the tribe will enforce its provisions.
    (2) Where there exists a Federal court proceeding with continuing 
jurisdiction over the subject matter of a Tribal Plan, the plan may be 
developed and implemented within the ongoing Federal Court proceeding. 
In such circumstances, compliance with the Tribal Plan's terms shall be 
determined within that Federal Court proceeding.
    (3) The Secretary shall seek comment from the public on the 
Secretary's pending determination whether or not implementation of a 
Tribal Plan will appreciably reduce the likelihood of survival and 
recovery of the listed salmonids.
    (4) The Secretary shall publish notification in the Federal Register 
of any determination regarding a Tribal Plan and the basis for that 
determination.

[65 FR 42485, July 10, 2000. Redesignated at 70 FR 37203, June 28, 2005]



Sec.  223.205  Sea turtles.

    (a) The prohibitions of section 9 of the Act (16 U.S.C. 1538) 
relating to endangered species apply to threatened species of sea 
turtle, except as provided in Sec.  223.206.
    (b) Except as provided in Sec.  223.206, it is unlawful for any 
person subject to the jurisdiction of the United States to do any of the 
following:
    (1) Own, operate, or be on board a vessel, except if that vessel is 
in compliance with all applicable provisions of Sec.  223.206(d);
    (2) Fish for, catch, take, harvest, or possess, fish or wildlife 
while on board

[[Page 431]]

a vessel, except if that vessel is in compliance with all applicable 
provisions of Sec.  223.206(d);
    (3) Fish for, catch, take, harvest, or possess, fish or wildlife 
contrary to any notice of tow-time or other restriction specified in, or 
issued under, Sec.  223.206(d)(3) or (d)(4);
    (4) Possess fish or wildlife taken in violation of paragraph (b) of 
this section;
    (5) Fail to follow any of the sea turtle handling and resuscitation 
requirements specified in Sec.  223.206(d)(1);
    (6) Possess a sea turtle in any manner contrary to the handling and 
resuscitation requirements of Sec.  223.206(d)(1);
    (7) Fail to comply immediately, in the manner specified at Sec.  
600.730 (b) through (d) of this Title, with instructions and signals 
specified therein issued by an authorized officer, including 
instructions and signals to haul back a net for inspection;
    (8) Refuse to allow an authorized officer to board a vessel, or to 
enter an area where fish or wildlife may be found, for the purpose of 
conducting a boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (9) Destroy, stave, damage, or dispose of in any manner, fish or 
wildlife, gear, cargo, or any other matter after a communication or 
signal from an authorized officer, or upon the approach of such an 
officer or of an enforcement vessel or aircraft, before the officer has 
an opportunity to inspect same, or in contravention of directions from 
the officer;
    (10) Assault, resist, oppose, impede, intimidate, threaten, 
obstruct, delay, prevent, or interfere with an authorized officer in the 
conduct of any boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (11) Interfere with, delay, or prevent by any means, the 
apprehension of another person, knowing that such person committed an 
act prohibited by this section;
    (12) Resist a lawful arrest for an act prohibited by this section;
    (13) Make a false statement, oral or written, to an authorized 
officer or to the agency concerning the fishing for, catching, taking, 
harvesting, landing, purchasing, selling, or transferring fish or 
wildlife, or concerning any other matter subject to investigation under 
this section by such officer, or required to be submitted under this 
part 223;
    (14) Sell, barter, trade or offer to sell, barter, or trade, a TED 
that is not an approved TED;
    (15) Fail to comply with the restrictions set forth in Sec.  
223.206(d)(10) regarding pound net leaders;
    (16) Set, use, or fail to remove a pound net leader in Pound Net 
Regulated Area I or Pound Net Regulated Area II at any time from May 6 
through July 15 that does not meet the leader construction 
specifications described in 50 CFR 223.206(d)(10) and 50 CFR 222.102;
    (17) Set, fish with, or fail to remove 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 the pound net licensee and the vessel 
operator meet the modified pound net leader compliance training 
requirements in accordance with Sec.  223.206(d)(10)(vii).
    (18) Alter or replace any portion of a modified pound net leader so 
that the altered or replaced portion no longer meets the modified pound 
net leader definition in 50 CFR 222.102, unless that alteration or 
replacement occurs outside the regulated period of May 6 through July 
15.
    (19) Set, fish with, or fail to remove a modified pound net leader 
at any time from May 6 through July 15 in Pound Net Regulated Area I or 
Pound Net Regulated Area II unless the fisherman has on board the vessel 
a valid modified pound net leader compliance training certificate issued 
by NMFS.
    (20) Set, fish with, or fail to remove pound net gear in Pound Net 
Regulated Area I or Pound Net Regulated Area II, unless it has the all 
three continuous sections as defined in 50 CFR 222.102, except that one 
or more sections may be missing for a maximum period of 10 days for 
purposes of setting, removing, and/or repairing pound nets.
    (21) Fail to comply with the restrictions set forth in Sec.  
223.206(d)(11) regarding sea scallop dredges; or

[[Page 432]]

    (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 person claiming the benefit of any exemption, exception, or 
permit under this subpart B has the burden of proving that the 
exemption, exception, or permit is applicable, was granted, and was 
valid and in force at the time of the alleged violation. Further, any 
person claiming that a modification made to a TED that is the subject of 
such an action complies with the requirements of Sec.  223.207 (c) or 
(d) has the burden of proving such claim.

[64 FR 14069, Mar. 23, 1999, as amended at 67 FR 41203, June 17, 2002; 
69 FR 25012, May 5, 2004; 71 FR 50372, Aug. 25, 2006; 73 FR 68354, Nov. 
18, 2008; 80 FR 6928, Feb. 9, 2015]



Sec.  223.206  Exceptions to prohibitions relating to sea turtles.

    (a) Permits--(1) Scientific research, education, zoological 
exhibition, or species enhancement permits. The Assistant Administrator 
may issue permits authorizing activities which would otherwise be 
prohibited under Sec.  223.205(a) for scientific or educational 
purposes, for zoological exhibition, or to enhance the propagation or 
survival of threatened species of sea turtles, in accordance with and 
subject to the conditions of part 222, subpart C--General Permit 
Procedures.
    (2) Incidental-take permits. The Assistant Administrator may issue 
permits authorizing activities that would otherwise be prohibited under 
Sec.  223.205(a) in accordance with section 10(a)(1)(B) of the Act (16 
U.S.C. 1539(a)(1)(B)), and in accordance with, and subject to, the 
implementing regulations in part 222 of this chapter. Such permits may 
be issued for the incidental taking of threatened and endangered species 
of sea turtles.
    (b) Exception for injured, dead, or stranded specimens. If any 
member of any threatened species of sea turtle is found injured, dead, 
or stranded, any agent or employee of the National Marine Fisheries 
Service, the Fish and Wildlife Service, the U.S. Coast Guard, or any 
other Federal land or water management agency, or any agent or employee 
of a state agency responsible for fish and wildlife who is designated by 
his or her agency for such purposes, may, when acting in the course of 
his or her official duties, take such specimens without a permit if such 
taking is necessary to aid a sick, injured, or stranded specimen or 
dispose of a dead specimen or salvage a dead specimen which may be 
useful for scientific study. Whenever possible, live specimens shall be 
returned to their aquatic environment as soon as possible. Every action 
shall be reported in writing to the Assistant Administrator within 30 
days, and reports of further occurrence shall be made as deemed 
appropriate by the Assistant Administrator until the specimen is either 
returned to its environment or disposed of. Reports shall be mailed by 
registered or certified mail, return receipt requested, to the Assistant 
Administrator and shall contain the following information:
    (1) Name and position of the official or employee involved;
    (2) Description of the specimen(s) involved;
    (3) Date and location of disposal;
    (4) Circumstances requiring the action;
    (5) Method of disposal;
    (6) Disposition of the specimen(s), including, where the specimen(s) 
has been retained in captivity, a description of the place and means of 
confinement, and the measures taken for its maintenance and care; and
    (7) Such other information as the Assistant Administrator may 
require.
    (c) Exception for research or conservation. Any employee or agent of 
the National Marine Fisheries Service, the Fish and Wildlife Service, or 
a state fish and wildlife agency operating a conservation program 
pursuant to the terms of a Cooperative Agreement with the National 
Marine Fisheries Service or the Fish and Wildlife Service in accordance 
with section 6(c) of the Act, designated by his or her agency for such 
purposes, may, when acting in the course of his or her official duties, 
take any threatened species to carry out scientific research or 
conservation programs. All such takings shall be reported within 30 days 
of the taking to the Assistant Administrator who may

[[Page 433]]

request additional reports of the taking and research at the Assistant 
Administrator's discretion.
    (d) Exception for incidental taking. The prohibitions against taking 
in Sec.  223.205(a) do not apply to the incidental take of any member of 
a threatened species of sea turtle (i.e., a take not directed towards 
such member) during fishing or scientific research activities, to the 
extent that those involved are in compliance with all applicable 
requirements of paragraphs (d)(1) through (d)(11) of this section, or in 
compliance with the terms and conditions of an incidental take permit 
issued pursuant to paragraph (a)(2) of this section.
    (1) Handling and resuscitation requirements. (i) Any specimen taken 
incidentally during the course of fishing or scientific research 
activities must be handled with due care to prevent injury to live 
specimens, observed for activity, and returned to the water according to 
the following procedures:
    (A) Sea turtles that are actively moving or determined to be dead as 
described in paragraph (d)(1)(i)(C) of this section must be released 
over the stern of the boat. In addition, they must be released only when 
fishing or scientific collection gear is not in use, when the engine 
gears are in neutral position, and in areas where they are unlikely to 
be recaptured or injured by vessels.
    (B) Resuscitation must be attempted on sea turtles that are 
comatose, or inactive, as determined in paragraph (d)(1) of this 
section, by:
    (1) Placing the turtle on its bottom shell (plastron) so that the 
turtle is right side up and elevating its hindquarters at least 6 inches 
(15.2 cm) for a period of 4 up to 24 hours. The amount of the elevation 
depends on the size of the turtle; greater elevations are needed for 
larger turtles. Periodically, rock the turtle gently left to right and 
right to left by holding the outer edge of the shell (carapace) and 
lifting one side about 3 inches (7.6 cm) then alternate to the other 
side. Gently touch the eye and pinch the tail (reflex test) periodically 
to see if there is a response.
    (2) Sea turtles being resuscitated must be shaded and kept damp or 
moist but under no circumstance be placed into a container holding 
water. A water-soaked towel placed over the head, carapace, and flippers 
is the most effective method in keeping a turtle moist.
    (3) Sea turtles that revive and become active must be released over 
the stern of the boat only when fishing or scientific collection gear is 
not in use, when the engine gears are in neutral position, and in areas 
where they are unlikely to be recaptured or injured by vessels. Sea 
turtles that fail to respond to the reflex test or fail to move within 4 
hours (up to 24, if possible) must be returned to the water in the same 
manner as that for actively moving turtles.
    (C) A turtle is determined to be dead if the muscles are stiff 
(rigor mortis) and/or the flesh has begun to rot; otherwise the turtle 
is determined to be comatose or inactive and resuscitation attempts are 
necessary.
    (ii) In addition to the provisions of paragraph (d)(1)(i) of this 
section, a person aboard a vessel in the Atlantic, including the 
Caribbean Sea and the Gulf of Mexico, that has pelagic or bottom 
longline gear on board and that has been issued, or is required to have, 
a limited access permit for highly migratory species under Sec.  635.4 
of this title, must comply with the handling and release requirements 
specified in Sec.  635.21 of this title.
    (iii) Any specimen taken incidentally during the course of fishing 
or scientific research activities must not be consumed, sold, landed, 
offloaded, transshipped, or kept below deck.
    (2) Gear requirements for trawlers--(i) TED requirement for shrimp 
trawlers. Any shrimp trawler that is in the Atlantic Area or Gulf Area 
must have an approved TED installed in each net that is rigged for 
fishing. A net is rigged for fishing if it is in the water, or if it is 
shackled, tied, or otherwise connected to any trawl door or board, or to 
any tow rope, cable, pole or extension, either on board or attached in 
any manner to the shrimp trawler. Exceptions to the TED requirement for 
shrimp trawlers are provided in paragraph (d)(2)(ii) of this section.
    (ii) Exemptions from the TED requirement--(A) Alternative tow-time 
restrictions. A shrimp trawler is exempt from the TED requirements of 
paragraph

[[Page 434]]

(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:
    (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 or a wing net, or has a skimmer 
trawl on a vessel less than 40 ft (12.2 m) in length as indicated on the 
vessel's state vessel registration or U.S. Coast Guard vessel 
documentation.
    (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

[[Page 435]]

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 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 used 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 begins at the time the trawl door enters the water and ends at 
the time the trawl door is removed from the water. For a trawl that is 
not attached to a door, the tow time begins at the time the codend 
enters the water and ends at the time the codend is emptied of catch on 
deck. 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;

[[Page 436]]

    (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 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)

[[Page 437]]

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:
    (i) Waters north of 33[deg]51.0[min] N. (North Carolina/South 
Carolina border at the coast) and south of 35[deg]46.0[min] N. (Oregon 
Inlet) at any time;
    (ii) Waters north of 35[deg]46.0[min] N. (Oregon Inlet) and south of 
3[deg]22.5[min] N. (Currituck Beach Light, NC) from March 16 through 
January 14;
    (iii) Waters north of 36[deg]22.5[min] N. (Currituck Beach Light, 
NC) and south of 37[deg]34.6[min] N. (Wachapreague Inlet, VA) from April 
1 through January 14; and
    (iv) Waters north of 37[deg]34.6[min] N. (Wachapreague Inlet, VA) 
and south of 37[deg]56.0[min] N. (Chincoteague, VA) from April 16 
through January 14.
    (9) Restrictions applicable to Pacific pelagic longline vessels. In 
addition to the general prohibitions specified in Sec.  600.725 of 
chapter VI of this title, it is unlawful for any person who is not 
operating under a western Pacific longline permit under Sec.  665.801 of 
this title to do any of the following on the high seas of the Pacific 
Ocean east of 150[deg] W. long. and north of the Equator (0[deg] N. 
lat.):
    (i) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear.
    (ii) Possess a light stick on board a longline vessel. A light stick 
as used in this paragraph is any type of light emitting device, 
including any fluorescent glow bead, chemical, or electrically powered 
light that is affixed underwater to the longline gear.
    (iii) An operator of a longline vessel subject to this section may 
land or possess no more than 10 swordfish from a fishing trip where any 
part of the trip included fishing east of 150[deg] W. long. and north of 
the equator (0[deg] N. lat.).
    (iv) Fail to employ basket-style longline gear such that the 
mainline is deployed slack when fishing.
    (v) When a conventional monofilament longline is deployed by a 
vessel, no fewer than 15 branch lines may be set between any two floats. 
Vessel operators using basket-style longline gear must set a minimum of 
10 branch lines between any 2 floats.
    (vi) Longline gear must be deployed such that the deepest point of 
the main longline between any two floats, i.e., the deepest point in 
each sag of the main line, is at a depth greater than 100 m (328.1 ft or 
54.6 fm) below the sea surface.
    (10) Restrictions applicable to pound nets in Virginia--(i) Offshore 
pound net leaders in Pound Net Regulated Area I. During the time period 
of May 6 through July 15 each year, any offshore pound net leader in 
Pound Net Regulated Area I must meet the definition of a modified pound 
net leader. Any offshore pound net leader in Pound Net Regulated Area I 
that does not meet the definition of a modified pound net leader must be 
removed from the water prior to May 6 and may not be reset until July 
16.
    (ii) Nearshore pound net leaders in Pound Net Regulated Area I and 
all pound net leaders in Pound Net Regulated Area II. During the time 
period of May 6 to July 15 each year, any nearshore pound net leader in 
Pound Net Regulated Area I and any pound net leader in Pound Net 
Regulated Area II must have only mesh size less than 12 inches (30.5 cm) 
stretched mesh and may not employ stringers. Any nearshore pound net 
leader in Pound Net Regulated Area I or any pound net leader in Pound 
Net Regulated Area II with stretched mesh measuring 12 inches (30.5 cm) 
or greater, or with stringers, must be removed from the water prior to 
May 6 and may not be reset until July 16. A pound net leader is exempt 
from these measures only if it meets the definition of a modified pound 
net leader.
    (iii) Protocol for measuring mesh size. This protocol applies to 
measuring mesh size in leaders described in 50 CFR 223.206(d)(10)(i) and 
223.206(d)(10)(ii). Mesh sizes are measured by a wedge-shaped gauge 
having a taper of 0.79 in. (2 cm) in 3.15 in. (8 cm) and a thickness of 
0.09 in. (2.3 mm) inserted into the meshes under a pressure or pull of 
11.02 lb. (5 kg). The mesh size is the average of the measurement of

[[Page 438]]

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) 281-9328 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 pound net leader compliance training. Any pound net 
licensee and any vessel operator who have modified pound net leaders set 
in Pound Net Regulated Area I or Pound Net Regulated Area II at any time 
from May 6 through July 15 must have completed modified pound net leader 
compliance training and possess on board the vessel a valid modified 
pound net leader compliance training certificate issued by NMFS. NMFS 
retains discretion to provide exemptions in limited circumstances where 
appropriate. Notice will be given by NMFS announcing the times and 
locations of modified pound net leader compliance training.
    (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 west of 71[deg] W. long., 
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 four 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

[[Page 439]]

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 (ii) of this section transiting waters west of 71[deg] W. long., 
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 not available for immediate use as defined by Sec.  648.2 of 
this title and there are no scallops on-board.

[64 FR 14070, Mar. 23, 1999]

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

    Effective Date Notes: 1. At 64 FR 14070, Mar. 23, 1999, Sec.  
223.206 was revised. Paragraph (d)(5) contains information collection 
and recordkeeping requirements and will not become effective until 
approval has been given by the Office of Management and Budget.
    2. At 67 FR 41203, June 17, 2002, Sec.  223.206 was amended by 
adding paragraph (d)(2)(v). This paragraph 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:
    (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.

[[Page 440]]

    (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), 
except for TEDs required to be installed in skimmer trawls, where the 
space between deflector bars and the deflector bars and the TED frame 
must not exceed 3 inches (7.6 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) 
of this section for which the escape opening may alternatively be made 
by making a horizontal cut along the same plane as the TED. A TED 
installed in a skimmer trawl rigged for fishing must have the escape 
opening oriented at the top of the net. For TEDs installed in all other 
trawls, the escape opening must be centered on and immediately forward 
of the frame at either the top or bottom of the net when the net is in 
the deployed position. The escape opening must be at the top of the net 
when the slope of the deflector bars from forward to aft is upward, and 
must be at the bottom when such slope is downward. The passage from the 
mouth of the trawl through the escape opening must be completely clear 
of any obstruction or modification, other than those specified in 
paragraph (d) of this section.
    (7) Size of escape opening--(i) Hooped hard TEDs--(A) Escape opening 
for inshore hooped hard TED. The inshore hooped hard TED escape opening 
must have a horizontal measurement of no less than 35 inches (89 cm) 
wide and a forward measurement of no less than 27 inches (69 cm). A 
hinged door frame may be used to partially cover the escape opening as 
provided in paragraph (d)(7) of this section. Alternatively, a webbing 
flap may be used as provided in paragraph (d)(3)(i) of this section. The 
resultant opening with a webbing flap must be a minimum width of 35 
inches (89 cm) and a minimum height of 20 inches (51 cm), with each 
measurement taken simultaneously. This opening may only be used in 
inshore waters, except it may not be used in the inshore waters of 
Georgia and South Carolina.
    (B) Escape opening for offshore hooped hard TED. The offshore hooped 
hard TED escape opening must have a horizontal measurement of no less 
than 40 inches (102 cm) wide and a forward measurement of no less than 
35 inches (89 cm). A hinged door frame may be used to partially cover 
the escape opening as provided in paragraph (d)(7) of this section. 
Alternatively, a webbing flap may be used as provided in paragraph 
(d)(3)(ii) of this section. The resultant escape opening with a webbing 
flap must have a stretched mesh circumference of no less than 142 inches 
(361 cm).
    (ii) Single-grid hard TEDs. On a single-grid hard TED, the 
horizontal cut(s) for 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

[[Page 441]]

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 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) or (v) 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 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) or (v) 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 and in all inshore waters in Georgia and 
South Carolina, but may also 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.
    (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

[[Page 442]]

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 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

[[Page 443]]

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 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.

[[Page 444]]

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 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

[[Page 445]]

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-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.

[[Page 446]]

The row of meshes for attachment to the trawl must contain the following 
number of meshes, depending on the stretched mesh size used in the 
trawl:
    (1) For a mesh size of 2\1/4\ inches (5.7 cm), 152-168 meshes;
    (2) For a mesh size of 2\1/8\ inches (5.4 cm), 161-178 meshes;
    (3) For a mesh size of 2 inches (5.1 cm), 171-189 meshes;
    (4) For a mesh size of 1\7/8\ inches (4.8 cm), 182-202 meshes;
    (5) For a mesh size of 1\3/4\ inches (4.4 cm), 196-216 meshes;
    (6) For a mesh size of 1\5/8\ inches (4.1 cm), 211-233 meshes;
    (7) For a mesh size of 1\1/2\ inches (3.8 cm), 228-252 meshes;
    (8) For a mesh size of 1\3/8\ inches (3.5 cm), 249-275 meshes; and
    (9) For a mesh size of 1\1/4\ inches (3.2 cm), 274-302 meshes.
    (B) Apex attachment. The apex of the triangular excluder panel must 
be attached to the inside of the top body panel of the trawl at the 
centerline of the trawl. The distance, measured aft along the centerline 
of the top body panel from the same row of meshes for attachment of the 
excluder panel to the bottom body panel of the trawl, to the apex 
attachment point must contain the following number of meshes, depending 
on the stretched mesh size used in the trawl:
    (1) For a mesh size of 2\1/4\ inches (5.7 cm), 78-83 meshes;
    (2) For a mesh size of 2\1/8\ inches (5.4 cm), 83-88 meshes;
    (3) For a mesh size of 2 inches (5.1 cm), 87-93 meshes;
    (4) For a mesh size of 1\7/8\ inches (4.8 cm), 93-99 meshes;
    (5) For a mesh size of 1\3/4\ inches (4.4 cm), 100-106 meshes;
    (6) For a mesh size of 1\5/8\ inches (4.1 cm), 107-114 meshes;
    (7) For a mesh size of 1\1/2\ inches (3.8 cm), 114-124 meshes;
    (8) For a mesh size of 1\3/8\ inches (3.5 cm), 127-135 meshes; and
    (9) For a mesh size of 1\1/4\ inches (3.2 cm), 137-146 meshes.
    (C) Side attachment. The sides of the excluder panel must be 
attached evenly to the inside of the trawl from the outside attachment 
points of the excluder panel's leading edge to the apex of the excluder 
panel. Each side must be sewn with the same sewing sequence, and, if the 
sides of the excluder panel cross rows of bars in the trawl, the 
crossings must be distributed evenly over the length of the side 
attachment.
    (iv) Escape opening. The escape opening for the Parker soft TED must 
match one of the following specifications:
    (A) Inshore opening. This opening is the minimum size opening that 
may be used in inshore waters, except it may not be used in the inshore 
waters of Georgia and South Carolina, in which a larger minimum opening 
is required. A slit at least 56 inches (1.4 m) in taut length must be 
cut along the centerline of the top body panel of the trawl net 
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 of Sec.  223.206(d)(2)(iv)(B). This opening or

[[Page 447]]

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.
    (ii) 71-inch 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 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. This 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

[[Page 448]]

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]
    (v) Small turtle TED flap. If the angle of the deflector bars of a 
TED used by a skimmer trawl exceeds 45[deg], or if a double cover 
opening straight bar TED (at any allowable angle) is used by a skimmer 
trawl, the flap must consist of twine size not greater than number 15 
(1.32-mm thick) on webbing flaps described in paragraphs (d)(3)(i), 
(d)(3)(ii), (d)(3)(iii), or (d)(3)(iv) of this section.
    (4) Chafing webbing. A single piece of nylon webbing, with a twine 
size no smaller than size 36 (2.46 mm in diameter), may be attached 
outside of the escape opening webbing flap to prevent chafing on bottom 
opening TEDs. This webbing may be attached along its leading edge only. 
This webbing may not extend beyond the trailing edge or sides of the 
existing escape opening webbing flap, and it must not interfere or 
otherwise restrict the turtle escape opening.
    (5) Roller gear. Roller gear may be attached to the bottom of a TED 
to prevent chafing on the bottom of the TED and the trawl net. When a 
webbing flap is used in conjunction with roller gear, the webbing flap 
must be of a length such that no part of the webbing flap can touch or 
come in contact with any part of the roller gear assembly or the means 
of attachment of the roller gear assembly to the TED, when the trawl net 
is in its normal, horizontal position. Roller gear must be constructed 
according to one of the following design criteria:
    (i) A single roller consisting of hard plastic shall be mounted on 
an axle rod, so that the roller can roll freely about the axle. The 
maximum diameter of the roller shall be 6 inches (15.24 cm), and the 
maximum width of the axle rod shall be 12 inches (30.4 cm). The axle rod 
must be attached to the TED by two support rods. The maximum clearance 
between the roller and the TED shall not exceed 1 inch (2.5 cm) at the 
center of the roller. The support rods and axle rod must be made from 
solid steel or solid aluminum rod no larger than \1/2\ inch (1.28 cm) in 
diameter. The attachment of the support rods to the TED shall be such 
that there are no protrusions (lips, sharp edges, burrs, etc.) on the 
front face of the grid. The axle rod and support rods must lie entirely 
behind the plane of the face of the TED grid.
    (ii) A single roller consisting of hard plastic tubing shall be 
tightly tied to the back face of the TED grid with rope or heavy twine 
passed through the center of the roller tubing. The roller shall lie 
flush against the TED. The maximum outside diameter of the roller shall 
be 3\1/2\ inches (8.0 cm), the minimum outside diameter of the roller 
shall be 2 inches (5.1 cm), and the maximum length of the roller shall 
be 12 inches (30.4 cm). The roller must lie entirely behind the plane of 
the face of the grid.
    (6) Water deflector fin for hooped hard TEDs. On a hooped hard TED, 
a water deflector fin may be welded to the forward edge of the escape 
opening. The fin must be constructed of a flat aluminum bar, up to \3/8\ 
inch (0.95 cm) thick and up to 4 inches (10.2 cm) deep. The fin may be 
as wide as the width of the escape opening, minus 1 inch (2.5 cm). The 
fin must project aft into the TED with an angle between 5[deg] and 
45[deg] from the normal, horizontal plane of the trawl. On an inshore 
hooped hard TED, the clearance between the deflector bars and the 
posterior edge of the deflector fin must be at least 20 inches (51 cm). 
On an offshore hooped hard TED, the clearance between the deflector bars 
and the posterior edge of the

[[Page 449]]

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 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

[[Page 450]]

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 to Sec.  
223.206(d)(2). Applications should be made to the Southeast Regional 
Administrator (see Sec.  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; 84 FR 70063, Dec. 20, 2019; 85 FR 59199, Sept. 21, 2020; 86 FR 
16676, Mar. 31, 2021]

    Effective Date Note: At 64 FR 14073, Mar. 23, 1999, Sec.  223.207 
was added. Paragraphs (a)(9)(ii) (A) and (B) contain information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec.  223.208  Corals.

    (a) Prohibitions. (1) The prohibitions of section 9(a)(1) of the ESA 
(16 U.S.C. 1538(a)(1)) relating to endangered species apply to elkhorn 
(Acropora palmata) and staghorn (A. cervicornis) corals listed as 
threatened in Sec.  223.102, except as provided in Sec.  223.208(c).
    (2) It is unlawful for any person subject to the jurisdiction of the 
United States to do any of the following:
    (i) Fail to comply immediately, in the manner specified at Sec.  
600.730 (b) through (d) of this title, with instructions and signals 
specified therein issued by an authorized officer, including 
instructions and signals to haul back a net for inspection;
    (ii) Refuse to allow an authorized officer to board a vessel, or to 
enter an area where fish or wildlife may be found, for the purpose of 
conducting a boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (iii) Destroy, stave, damage, or dispose of in any manner, fish or 
wildlife, gear, cargo, or any other matter after a communication or 
signal from an authorized officer, or upon the approach of such an 
officer or of an enforcement vessel or aircraft, before the officer has 
an opportunity to inspect same, or in contravention of directions from 
the officer;
    (iv) Assault, resist, oppose, impede, intimidate, threaten, 
obstruct, delay, prevent, or interfere with an authorized officer in the 
conduct of any boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;

[[Page 451]]

    (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 the 
prohibitions in ESA sections 9(a)(1)(B) and (C). An excepted restoration 
activity is defined as the methods and processes used to provide aid to 
injured individual elkhorn or staghorn coral.
    (3) Section 10 scientific and enhancement permits. The Assistant 
Administrator may issue permits authorizing activities that would 
otherwise be prohibited under Sec.  223.208(a) for scientific purposes 
or to enhance the propagation or survival of elkhorn or staghorn corals, 
in accordance with and subject to the conditions of part 222, subpart C-
General Permit Procedures.
    (4) Section 10 incidental take permits. The Assistant Administrator 
may issue permits authorizing activities that would otherwise be 
prohibited under Sec.  223.208(a) in accordance with section 10(a)(1)(B) 
of the ESA (16 U.S.C. 1539(a)(1)(B)), and in accordance with, and 
subject to the conditions of part 222 of this chapter. Such permits may 
be issued for the incidental taking of elkhorn and staghorn corals.

[[Page 452]]

    (5) Section 7 Interagency consultation. Any incidental taking that 
is in compliance with the terms and conditions specified in a written 
statement provided under section 7(b)(4)(C) of the ESA (16 U.S.C. 
1536(b)(4)(C)) shall not be considered a prohibited taking of elkhorn 
and staghorn corals pursuant to paragraph (o)(2) of section 7 of the ESA 
(16 U.S.C. 1536(o)(2)).
    (6) Importation under the Convention on International Trade of 
Endangered Species. Any importation of elkhorn or staghorn corals in 
compliance with the provisions of section 9(c) of the ESA (16 U.S.C. 
1538(c)) shall not be considered a violation of any provision of the ESA 
or any regulation issued pursuant to the ESA.

Table 1 to Sec.   223.208. Agencies and Authorizing Statutes Whose Coral
    Restoration Activities Are Excepted From Certain Prohibitions in
                     Paragraph (a) of This Section.
------------------------------------------------------------------------
                                FEDERAL:
-------------------------------------------------------------------------
                                               Statute and Specific
             Agency/Person                         Provision(s)
------------------------------------------------------------------------
NOAA, National Ocean Service (NOS)       National Marine Sanctuaries Act
                                         16 U.S.C. 1431 et seq.
------------------------------------------------------------------------
NOAA, NOS                                Coral Reef Conservation Act
                                         16 U.S.C. 6406
------------------------------------------------------------------------
Commandant, U.S. Coast Guard (USCG),     ``Oil Pollution Act''
 Authorized representatives of States    33 U.S.C. 2702
 or Indian Tribes.
------------------------------------------------------------------------
Designated Federal, State or Indian      33 U.S.C. 2706
 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 Protection  ``Clean Water Act''
 Agency (EPA) or Commandant, USCG;       33 U.S.C. 1321
 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 or      [sec]Superfund Act[sec]
 Indian Tribes in cooperative             (CERCLA)
 agreements with EPA; Heads of other     42 U.S.C. 9604
 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 Indian      42 U.S.C. 9607
 tribal natural resources trustees,
 including NOAA, DOI, FDEP, DNER, and
 DPNR
------------------------------------------------------------------------
DOI, National Park Service (NPS)         Park System Resource Protection
                                          Act,
                                         16 U.S.C. 19jj
                                         16 U.S.C. 668dd-668ee (National
                                          Wildlife Refuge System)
------------------------------------------------------------------------
DOI                                      National Wildlife Refuge System
                                          Administration Act,
                                         16 U.S.C. 668
------------------------------------------------------------------------
FLORIDA:
------------------------------------------------------------------------
The Board of Trustees of the Internal    State Lands; Board of Trustees
 Improvement Trust Fund                   to Administer
                                         FL Statute Sec.   253.03
 
                                         Duty of Board to Protect, etc.
                                         FL Statute. Sec.   253.04
                                         FDEP
------------------------------------------------------------------------
Governor and Cabinet; FDEP               Land Acquisition for
                                          Conservation or Recreation;
                                          Conservation and Recreation
                                          Lands Trust Fund
                                         FL Statute Sec.   259.032
------------------------------------------------------------------------
FDEP                                     Pollutant Discharge Prevention
                                          and Removal; Liability for
                                          Damage to Natural Resources
                                         FL Statute Sec.   376.121
------------------------------------------------------------------------

[[Page 453]]

 
FDEP                                     Land and Water Management;
                                          Coral Reef Restoration
                                         FL Statute Sec.   390.0558
------------------------------------------------------------------------
Florida Fish and Wildlife Conservation   Fish and Wildlife Conservation
 Commission                               Commission
                                         FL Statute Sec.   20.331
------------------------------------------------------------------------
U.S. VIRGIN ISLANDS:
----------------------------------------
DPNR                                     DPNR; Powers and Duties of
                                          Department
                                         3 V.I.C. Sec.   401
------------------------------------------------------------------------
DPNR                                     Conservation; Croix East End
                                          Marine Park Established;
                                         12 V.I.C. Sec.   98
------------------------------------------------------------------------
PUERTO RICO:
------------------------------------------------------------------------
DNER                                     Conservation; Protection,
                                          Conservation and Management of
                                          Coral Reefs
                                         12 L.P.R.A. Sec.  Sec.   241-
                                          241g et seq.
----------------------------------------
DNER                                     Conservation; Natural Patrimony
                                          Program
                                         12 L.P.R.A. Sec.   1225 et seq.
------------------------------------------------------------------------
DNER                                     Conservation; Natural
                                          Resources; Declarations of
                                          Marine Reserves (and other
                                          protected areas) containing
                                          elkhorn and staghorn corals
                                         12 L.P.R.A.; Subtitle 6A;
                                          Chapter 252; Sec.  Sec.   5011
                                          et seq.
------------------------------------------------------------------------


[73 FR 64276, Oct. 29, 2008, as amended at 79 FR 20813, Apr. 14, 2014]



Sec.  223.209  [Reserved]



Sec.  223.210  Green sturgeon.

    (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 the 
threatened Southern Distinct Population Segment (DPS) of green sturgeon 
listed in Sec.  223.102.
    (b) Exceptions. Exceptions to the take prohibitions described in 
section 9(a)(1) of the ESA (16 U.S.C. 1538(a)(1)) applied in paragraph 
(a) of this section to the threatened Southern DPS listed in Sec.  
223.102 are described in the following paragraphs (b)(1) through (b)(3).
    (1) Scientific research and monitoring exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec.  223.102 do not apply to ongoing or future Federal, 
state, or private-sponsored scientific research or monitoring activities 
if:
    (1) Scientific Research and Monitoring Exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec.  223.102(c)(1) do not apply to ongoing or future Federal, 
state, or private-sponsored scientific research or monitoring activities 
if:
    (i) The scientific research or monitoring activity complies with 
required state reviews or permits;
    (ii) The research or monitoring activity is directed at the Southern 
DPS and is not incidental to research or monitoring of another species;
    (iii) Take of live mature adults in the lower Feather River from the 
confluence with the Sacramento River to the Oroville Dam (rkm 116), the 
lower Yuba River from the confluence with the Feather River to the 
Daguerre Dam (rkm 19), or Suisun, San Pablo, and San Francisco Bays or 
the Sacramento-San Joaquin Delta from the Golden Gate Bridge up into the 
Sacramento River to Keswick Dam (rkm 483) occurs from July 1 through 
March 1 so as to substantially increase the

[[Page 454]]

likelihood that uninterrupted upstream spawning migrations of adults 
will occur;
    (iv) Take is non-lethal;
    (v) Take involving the removal of any life stage of the Southern DPS 
from the wild does not exceed 60 minutes;
    (vi) Take does not involve artificial spawning or enhancement 
activities;
    (vii) A description of the study objectives and justification, a 
summary of the study design and methodology, estimates of the total non-
lethal take of Southern DPS fish anticipated, estimates of incidental 
take of other ESA listed species anticipated and proof that those takes 
have been authorized by NMFS or the USFWS, identification of funding 
sources, and a point of contact is reported to the NMFS Southwest 
Regional Office in Long Beach at least 60 days prior to the start of the 
study, or by August 31, 2010 for ongoing studies;
    (viii) Reports that include the total number of Southern DPS and any 
other ESA listed species taken, information that supports that take was 
non-lethal, and a summary of the project results is submitted to the 
NMFS Southwest Regional Office in Long Beach on a schedule to be 
determined by NMFS; and
    (ix) Research or monitoring that involves action, permitting, or 
funding by a Federal agency still complies with the requirements of ESA 
section 7(a)(2) in order to ensure that the action will not jeopardize 
the continued existence of the threatened Southern DPS.
    (2) Enforcement exception. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec.  223.102 
do not apply to any employee of NMFS, when the employee, acting in the 
course of his or her official duties, takes a Southern DPS fish listed 
in Sec.  223.102 without a permit, if such action is necessary for 
purposes of enforcing the ESA or its implementing regulations.
    (3) Emergency fish rescue and salvage exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec.  223.102 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 do not apply to habitat restoration activities including 
barrier removal or modification to restore water flows, riverine or 
estuarine bed restoration, natural bank stabilization, restoration of 
native vegetation, removal of non-native species, or removal of 
contaminated sediments, that reestablish self-sustaining habitats for 
the Southern DPS, if:
    (i) The activity complies with required state and Federal reviews 
and permits;
    (ii) Those carrying out the activity submit a detailed description 
of the restoration activity to the NMFS Southwest Regional Office in 
Long Beach at least 60 days prior to the start of the restoration 
project, or, for ongoing studies, by August 31, 2010, which includes: 
the geographic area affected; when activities will occur; how they will 
be conducted; and the severity of direct, indirect, and cumulative 
impacts of activities on the Southern DPS; identification of funding 
sources; demonstration that all state and Federal regulatory 
requirements have been met; a description of methods used to ensure that 
the likelihood of survival or recovery of the listed species is not

[[Page 455]]

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) of the ESA (16 U.S.C. 
1538(a)(1)) applied in paragraph (a) of this section to the threatened 
Southern DPS listed in Sec.  223.102 are described in the following 
paragraphs:
    (1) Scientific research and monitoring exemptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec.  223.102 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.
    (iv) The State agency will provide an annual report to NMFS that, at 
a minimum, summarizes the number of Southern DPS green sturgeon taken 
directly or incidentally, and summarizes the results of the project.
    (2) Fisheries exemptions. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec.  223.102 
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

[[Page 456]]

based rationale demonstrating that the incidental take management 
strategy will not significantly reduce the likelihood of survival or 
recovery of the Southern DPS; include effective monitoring and 
evaluation plans; provide for evaluating monitoring data and making 
revisions to the FMEP; provide for effective enforcement and education; 
provide a timeframe for FMEP implementation; and report the amount of 
incidental take and summarize the effectiveness of the FMEP to NMFS on a 
biannual basis.
    (ii) The ESA section 9(a)(1)(B) and (a)(1)(C) take prohibitions will 
not apply to ongoing commercial and recreational fisheries activities 
until September 30, 2010 if a letter of intent to develop an FMEP that 
is protective of green sturgeon has been received by NMFS by July 2, 
2010. The exemption will expire if the letter of intent is rejected 
without further review of a FMEP. If the letter of intent is received by 
August 31, 2010, a draft FMEP must be received by NMFS within 6 months 
from the date of receipt of the letter of intent. A final FMEP must be 
received by NMFS within 3 months from the date of receipt of NMFS' 
comments on the draft FMEP. Ongoing commercial and recreational 
fisheries activities may continue until NMFS issues a letter of 
concurrence or denial for final FMEPs.
    (iii) NMFS will provide a public comment period (=30 
days) before approval of new or amended FMEPs; provide a letter of 
concurrence for approved FMEPs that specifies the implementation and 
reporting requirements; evaluate FMEPs every 5 years and identify 
changes that would improve their effectiveness; and provide a public 
comment period (=30 days) before withdrawing approval of an 
FMEP.
    (3) Tribal exemptions. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec.  223.102 
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.
    (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) ESA section 10 permits. 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

[[Page 457]]

chapter II implementing such exceptions, also apply to the threatened 
Southern DPS listed in Sec.  223.102. 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.
    (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 listed in Sec.  223.102, any 
person claiming that his or her take is excepted via methods listed in 
paragraph (b) of this section shall have a defense where the person can 
demonstrate that the exception is applicable and was in force, and that 
the person fully complied with the exception's 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, as amended at 79 FR 20813, Apr. 14, 2014]



Sec.  223.211  Atlantic sturgeon.

    (a) Prohibitions. The prohibitions of sections 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 Gulf of Maine Distinct Population Segment (Gulf 
of Maine DPS) of Atlantic sturgeon listed in Sec.  223.102(c)(29).
    (b) [Reserved]

[78 FR 69315, Nov. 19, 2013]



Sec.  223.212  Southern DPS of spotted seal.

    The prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538(a)(1)) relating to endangered species shall apply to the Southern 
Distinct Population Segment of spotted seal listed in Sec.  223.102.

[79 FR 20814, Apr. 14, 2014]



Sec.  223.213  Humpback whales.

    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 threatened 
species of the humpback whale listed in Sec.  223.102(e).

[81 FR 62319, Sept. 8, 2016]



Sec.  223.214  Approaching threatened humpback whales in Alaska.

    (a) Prohibitions. Except as provided under paragraph (b) 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 (a)(1) through (a)(3) of this section with respect to 
threatened humpback whales (Megaptera novaeangliae):
    (1) 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;
    (2) Cause a vessel or other object to approach within 100 yards 
(91.4 m) of a humpback whale; or
    (3) 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) Exceptions. The following exceptions apply, but any person who 
claims the applicability of an exception has the burden of proving that 
the exception applies:
    (1) Paragraph (a) of this section does not apply if an approach is 
authorized by the National Marine Fisheries Service through a permit 
issued under part

[[Page 458]]

222, subpart C, of this chapter (General Permit Procedures) or through a 
similar authorization.
    (2) Paragraph (a) of this section does not apply to the extent that 
a vessel is restricted in its ability to maneuver and, because of the 
restriction, cannot comply with paragraph (a) of this section.
    (3) Paragraph (a) 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 section, 
commercial fishing means taking or harvesting fish or fishery resources 
to sell, barter, or trade. Commercial fishing does not include 
commercial passenger fishing operations (i.e. charter operations or 
sport fishing activities).
    (4) Paragraph (a) of this section does not apply to state, local, or 
Federal government vessels operating in the course of official duty.
    (5) Paragraph (a) of this section does not affect the rights of 
Alaska Natives under 16 U.S.C. 1539(e).
    (6) This section shall not take precedence over any more restrictive 
conflicting Federal regulation pertaining to humpback whales, including 
the regulations at 36 CFR 13.1102-13.1188 that pertain specifically to 
the waters of Glacier Bay National Park and Preserve.
    (c) General measures. Notwithstanding the prohibitions and 
exceptions in paragraphs (a) and (b) of this section, to avoid 
collisions with threatened 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 CFR 83.06 and the International 
Regulations for Preventing Collisions at Sea 1972 (see 33 U.S.C. 1602), 
with respect to avoiding collisions with humpback whales.

[81 FR 62021, Sept. 8, 2016]



Sec. Sec.  223.215-223.300  [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 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;

[[Page 459]]

    (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) San Joaquin River Central Valley (CV) spring-run Chinook Salmon 
Experimental Population (Oncorhynchus tshawytscha). (1) The San Joaquin 
River CV spring-run Chinook salmon population identified in paragraph 
(b)(2) of this section is designated as a nonessential experimental 
population under section 10(j) of the ESA.
    (2) San Joaquin River CV Spring-run Chinook Salmon Experimental 
Population. All CV spring-run Chinook salmon, including those that have 
been released or propagated, naturally or artificially, within the 
experimental population area in the San Joaquin River as defined here 
are considered part of the San Joaquin River experimental population. 
The boundaries of this experimental population area include the San 
Joaquin River from Friant Dam downstream to its confluence with the 
Merced River, delineated by a line between decimal latitude and 
longitude coordinates: 37.348930[deg] N, 120.975174[deg] W and 
37.349099[deg] N, 120.974749[deg] W, as well as all sloughs, channels, 
floodways, and waterways connected with the San Joaquin River that allow 
for CV spring-run Chinook salmon access, but excluding the Merced River. 
Those portions of the Kings River that connect with the San Joaquin 
River during

[[Page 460]]

high water years are also part of the experimental population area.
    (3) Prohibitions. Except as expressly allowed in paragraph (b)(4) of 
this section, all prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538(a)(1)), except 9(a)(1)(C), apply to fish that are part of the 
threatened, nonessential experimental population of CV spring-run 
Chinook salmon identified in paragraph (b)(2) of this section.
    (4) Exceptions to the Application of Section 9 Take Prohibitions in 
the Experimental Population Area. The following forms of take in the 
experimental population area identified in paragraph (b)(2) of this 
section are not prohibited by this section:
    (i) Any taking of CV spring-run Chinook salmon provided that it is 
unintentional, not due to negligent conduct, and incidental to, and not 
the purpose of, the carrying out of an otherwise lawful activity.
    (ii) Any taking of CV spring-run Chinook salmon by an employee or 
designee of NMFS, the USFWS, other Federal resource management agencies, 
the California Department of Fish and Wildlife, or any other 
governmental entity if in the course of their duties it is necessary to: 
aid a sick, injured or stranded fish; dispose of a dead fish; or salvage 
a dead fish which may be useful for scientific study. Any agency acting 
under this provision must report to NMFS (see ADDRESSES section) the 
numbers of fish handled and their status on an annual basis.
    (iii) Any taking of CV spring-run Chinook salmon for scientific 
research or enhancement purposes by a person or entity with a valid 
section ESA 10(a)(1)(A) permit issued by NMFS and a valid incidental 
take permit, consistency determination, or other take authorization 
issued by the CDFW.
    (iv) Any taking of CV spring-run Chinook salmon for scientific 
research purposes by the CDFW provided that:
    (A) Scientific research activities involving purposeful take are 
conducted by employees or contractors of CDFW or as a part of a 
monitoring and research program overseen by or coordinated with CDFW.
    (B) CDFW provides 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.
    (C) CDFW annually provides to NMFS the results of scientific 
research activities directed at fish in the experimental population, 
including a report of the direct take resulting from the studies and a 
summary of the results of such studies.
    (D) Scientific research activities that may incidentally take fish 
in the experimental population are either conducted by CDFW personnel, 
or are in accord with a permit issued by the CDFW.
    (E) CDFW provides NMFS annually, for its review and approval, a 
report listing all scientific research activities it conducts or permits 
that may incidentally take fish in the experimental population during 
the coming year. Such reports shall also contain the amount of 
incidental take occurring in the previous year's scientific research 
activities and a summary of the results of such research.
    (F) Electro fishing in any body of water known or suspected to 
contain fish in the experimental population is conducted in accordance 
with NMFS ``Guidelines for Electrofishing Waters Containing Salmonids 
Listed Under the Endangered Species Act'' (NMFS, 2000a).
    (G) CDFW provides NMFS, for its review and approval, the Monitoring 
and Analysis Plan produced by the San Joaquin River Restoration Program, 
including an estimate of the direct and indirect take that may result 
from all scientific research activities in that plan for the period from 
January 30, 2014 until January 30, 2015.
    (H) NMFS' approval of a research program shall be a written approval 
by the NMFS West Coast Regional Administrator.
    (5) Limited Exception to the Application of Section 9(a)(1) Take 
Prohibitions Outside of the Experimental Population Area. The following 
forms of take are not prohibited:
    (i) Any taking of CV spring-run Chinook salmon in those portions of 
the

[[Page 461]]

lower San Joaquin River and its tributaries, including the Merced River, 
downstream from its confluence with the Merced River to Mossdale County 
Park in San Joaquin County, that the avoidance of which would impose 
more than de minimus water supply reductions, additional storage 
releases, or bypass flows on unwilling persons or entities diverting or 
receiving water pursuant to applicable State and Federal laws.
    (ii)(A) Any taking of CV spring-run Chinook salmon by the Central 
Valley Project (CVP) and State Water Project (SWP) that originates from 
reintroduction to the San Joaquin River that the avoidance of which 
would impose more than de minimus water supply reductions, additional 
storage releases, or bypass flows on unwilling persons or entities 
diverting or receiving water pursuant to applicable State and Federal 
laws.
    (B) NMFS will prepare a technical memorandum that describes the 
methodology to ensure that CV spring-run Chinook salmon originating from 
reintroduction to the San Joaquin River do not cause more than de 
minimus water supply reductions, additional storage releases, or bypass 
flows associated with the operations of the CVP and SWP under any ESA 
section 7 biological opinion or section 10 permit that is in effect at 
the time for operations of the CVP and SWP. To the maximum extent 
feasible, NMFS will develop this technical memorandum in coordination 
with and with opportunity for comment by interested parties. The first 
technical memorandum will be completed before CV spring-run Chinook 
salmon will be released in the San Joaquin River. Prior to January 15 of 
each succeeding year, NMFS will update the technical memorandum and, if 
required by the methodology, determine the share of take at the CVP and 
SWP facilities that originates from the reintroduction to the San 
Joaquin River. This share of take of CV spring-run Chinook salmon 
reintroduced to the San Joaquin River will be deducted from or otherwise 
used to adjust the operational triggers and incidental take statements 
associated with any biological opinion that is in effect at the time for 
operations of the CVP and SWP facilities. NMFS will use best available 
commercial or scientific information to inform these calculations. The 
technical memorandum and annual determination will ensure that the 
reintroduction of CV spring-run Chinook salmon will not result in more 
than de minimus water supply reductions, additional storage releases or 
bypass flows of the CVP and SWP operations under any biological opinion 
or ESA section 10 permit that is in effect at the time for operations of 
the CVP and SWP on unwilling persons or entities diverting or receiving 
water pursuant to applicable State and Federal laws.
    (c) Okanogan River UCR spring-run Chinook Salmon Experimental 
Population (Oncorhynchus tshawytscha). (1) The Upper Columbia River 
(UCR) spring-run Chinook salmon population located in the geographic 
area identified in paragraph (c)(5) of this section shall comprise the 
Okanogan River nonessential experimental population (NEP), and shall be 
treated as a ``threatened species'' pursuant to 16 U.S.C. 1539(j)(2)(C).
    (2) Prohibitions. Except as provided in paragraph (c)(3) of this 
section, the prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538(a)(1)) relating to endangered species apply to UCR spring-run 
Chinook salmon in the Okanogan River NEP Area, defined in paragraph 
(c)(5) of this section.
    (3) Exceptions to the Application of Section 9 Take Prohibitions in 
the Experimental Population Area. Take of UCR spring-run Chinook salmon 
that is otherwise prohibited by paragraph (c)(2) of this section and 50 
CFR 223.203(a) in the Okanogan River NEP Area is allowed, except as 
otherwise noted, provided it falls within one of the following 
categories:
    (i) Any activity taken pursuant to a valid permit issued by NMFS 
under Sec.  223.203(b)(1) and (7) for scientific research activities;
    (ii) Aid, disposal, or salvage of fish by authorized agency 
personnel acting in compliance with 50 CFR 223.203(b)(3);
    (iii) Activities associated with artificial propagation of the 
experimental population under an approved Hatchery Genetic Management 
Plan (HGMP)

[[Page 462]]

that complies with the requirements of 50 CFR 223.203(b)(5);
    (iv) Any harvest-related activity undertaken by a tribe, tribal 
member, tribal permittee, tribal employee, or tribal agent consistent 
with tribal harvest regulations and an approved Tribal Resource 
Management Plan (TRMP) that complies with the requirements of 50 CFR 
223.204;
    (v) Any harvest-related activity consistent with state harvest 
regulations and an approved Fishery Management Evaluation Plan (FMEP) 
that complies with the requirements of 50 CFR 223.203(b)(4); or
    (vi) Any take that is incidental to an otherwise lawful activity, 
provided that the taking is unintentional; not due to negligent conduct; 
and incidental to, and not the purpose of, the carrying out of the 
otherwise lawful activity. Otherwise lawful activities include, but are 
not limited to, agricultural, water management, construction, 
recreation, navigation, or forestry practices, when such activities are 
in full compliance with all applicable laws and regulations. Any fish 
that is incidentally taken in a manner allowed by this paragraph may not 
be collected and must be immediately returned to its habitat.
    (4) Prohibited take outside the NEP area. Outside the Okanogan River 
NEP Area, UCR spring-run Chinook salmon are not considered to be part of 
the NEP, irrespective of their origin, and therefore the take 
prohibitions for endangered UCR spring-run Chinook salmon apply.
    (5) Geographic extent of the Okanogan River NEP Area. The geographic 
boundary defining the Okanogan River NEP Area for UCR spring-run Chinook 
salmon is the mainstem and all tributaries of the Okanogan River between 
the Canada-United States border to the confluence of the Okanogan River 
with the Columbia River. All UCR spring-run Chinook salmon in this 
defined Okanogan River NEP Area are considered part of the NEP, 
irrespective of where they originated.
    (d) Upper Yuba River Central Valley spring-run Chinook salmon 
experimental population (Oncorhynchus tshawytscha)--(1) Status of Upper 
Yuba River Central Valley spring-run Chinook salmon under the Endangered 
Species Act. The Upper Yuba River Central Valley spring-run Chinook 
salmon population identified in paragraph (d)(2) of this section is 
designated as a nonessential experimental population under section 10(j) 
of the Endangered Species Act (ESA) and shall be treated as a 
``threatened species'' pursuant to 16 U.S.C. 1539(j)(2)(C).
    (2) Upper Yuba River Central Valley spring-run Chinook salmon 
nonessential experimental population. All Central Valley spring-run 
Chinook salmon within the NEP area in the upper Yuba River watershed 
upstream of Englebright Dam, as defined in this paragraph (d)(2), are 
considered part of the Upper Yuba River Central Valley spring-run 
Chinook salmon nonessential experimental population. The boundaries of 
the NEP area include Englebright Dam and all tributaries draining into 
Englebright Reservoir up to the ridgeline.
    (3) Prohibitions. Except as expressly allowed in paragraph (d)(4) of 
this section, all prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538 (a)(1)) apply to fish that are part of the Upper Yuba River Central 
Valley spring-run Chinook salmon nonessential experimental population 
identified in paragraph (d)(2) of this section.
    (4) Exceptions to the application of section 9 take prohibitions in 
the NEP area. The following forms of take in the NEP area identified in 
paragraph (d)(2) of this section are not prohibited by this section:
    (i) Any taking of Central Valley spring-run Chinook salmon by 
authorized governmental entity personnel acting in compliance with Sec.  
223.203(b)(3) to aid a sick, injured or stranded fish; dispose of a dead 
fish; or salvage a dead fish which may be useful for scientific study;
    (ii) Any taking of Central Valley spring-run Chinook salmon that is 
unintentional, not due to negligent conduct, and incidental to, and not 
the purpose of, the carrying out of an otherwise lawful activity; and
    (iii) Any taking of Central Valley spring-run Chinook salmon 
pursuant to a permit issued by the National Marine Fisheries Service 
(NMFS) under section 10 of the ESA (16 U.S.C. 1539) and

[[Page 463]]

regulations in part 222 of this chapter applicable to such a permit.
    (e) McCloud and Upper Sacramento Rivers Sacramento River winter-run 
and Central Valley spring-run Chinook salmon experimental populations 
(Oncorhynchus tshawytscha)--(1) Status of McCloud and Upper Sacramento 
Rivers Sacramento River winter-run and Central Valley spring-run Chinook 
salmon under the ESA. The McCloud and Upper Sacramento Rivers Sacramento 
River winter-run and Central Valley spring-run Chinook salmon 
populations identified in paragraph (e)(2) of this section are 
designated as nonessential experimental populations under section 10(j) 
of the ESA and shall be treated as a ``threatened species'' pursuant to 
16 U.S.C. 1539(j)(2)(C).
    (2) McCloud and Upper Sacramento Rivers Sacramento River winter-run 
and Central Valley spring-run Chinook salmon experimental populations. 
All Sacramento River winter-run and Central Valley spring-run Chinook 
salmon within the experimental population area in the McCloud and Upper 
Sacramento Rivers upstream of Shasta Dam (the NEP Area), as defined in 
this paragraph (e)(2), are considered part of the McCloud and Upper 
Sacramento Rivers Sacramento River winter-run and Central Valley spring-
run Chinook salmon experimental populations. The NEP Area extends from 
Shasta Dam up to Pit 7 Dam on the Pit River, McCloud Dam on the McCloud 
River, and Box Canyon Dam on the upper Sacramento River. All other 
tributaries flowing into Shasta Reservoir up to the ridge line, 
including tributaries below Pit 7 Dam, McCloud Dam, and Box Canyon Dam, 
up to the ridge line are included in the NEP Area. All other areas above 
Pit 7 Dam on the Pit River, McCloud Dam on the McCloud River, and Box 
Canyon Dam on the upper Sacramento River are not part of the NEP Area. 
The NEP Area extends up to the ridgelines to account for watershed 
processes and ends at the aforementioned dams because these dams lack 
fish passage facilities. The NEP Area is part of the species' historical 
range. The NEPs are all SR winter-run and CV spring-run Chinook salmon, 
including fish released or propagated, naturally or artificially, within 
the NEP Area.
    (3) Prohibitions. Except as expressly allowed in paragraph (e)(4) of 
this section, all prohibitions of section 9(a)(1) of the ESA (16 U.S.C. 
1538 (a)(1)) apply to fish that are part of the McCloud and Upper 
Sacramento Rivers Sacramento River winter-run and Central Valley spring-
run Chinook salmon nonessential experimental populations identified in 
paragraph (e)(2) of this section.
    (4) Exceptions to the application of section 9 take prohibitions in 
the experimental population area. The following forms of take in the 
experimental population area identified in paragraph (e)(2) of this 
section are not prohibited by this section:
    (i) Any taking of experimental populations of Sacramento River 
winter-run or Central Valley spring-run Chinook salmon by authorized 
governmental entity personnel acting in compliance with Sec.  
223.203(b)(3) to aid a sick, injured or stranded fish; dispose of a dead 
fish; or salvage a dead fish which may be useful for scientific study.
    (ii) Any taking of experimental populations of Sacramento River 
winter-run or Central Valley spring-run Chinook salmon that is 
unintentional, not due to negligent conduct, and incidental to, and not 
the purpose of, the carrying out of an otherwise lawful activity.
    (iii) Any taking of experimental populations of Sacramento River 
winter-run or Central Valley spring-run Chinook salmon pursuant to a 
permit issued by NMFS under section 10 of the ESA (16 U.S.C. 1539) and 
regulations in part 222 of this chapter applicable to such a permit.

[78 FR 2907, Jan. 15, 2013, as amended at 78 FR 79632, Jan. 30, 2014; 79 
FR 40015, July 11, 2014; 87 FR 79818, Dec. 28, 2022; 88 FR 58520, Aug. 
28, 2023]



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

[[Page 464]]



                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]

[[Page 465]]



                 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 466]]



  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 467]]



    Sec. Figure 6 to Part 223--TED Extension in Summer Flounder Trawl
[GRAPHIC] [TIFF OMITTED] TR15OC99.001


[64 FR 55864, Oct. 15, 1999]

[[Page 468]]



                Sec. Figures 7-9b to Part 223 [Reserved]



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


[58 FR 54069, Oct. 20, 1993]

[[Page 469]]



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


[77 FR 29910, May 21, 2012]

[[Page 470]]



  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 471]]



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


[60 FR 15520, Mar. 24, 1995]

[[Page 472]]



 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 473]]



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


[68 FR 8469, Feb. 21, 2003]

[[Page 474]]



 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 475]]



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


[77 FR 29911, May 21, 2012]

[[Page 476]]



   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]

[[Page 477]]



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



    [GRAPHIC] [TIFF OMITTED] TR21MY12.003
    

[77 FR 29912, May 21, 2012]

[[Page 478]]



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.

    (a) The regulations in this part identify the species under the 
jurisdiction of the Secretary of Commerce that have been determined to 
be endangered 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 in this part apply only to the endangered 
species enumerated in this section.
    (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 endangered 
species.
    (d) The table below identifies the species under the jurisdiction of 
the Secretary of Commerce that have been determined to be endangered 
pursuant to section 4(a) of the Act, species treated as endangered 
because they are sufficiently similar in appearance to endangered 
species, and experimental populations of endangered species.
    (e) The columns entitled ``Common name,'' ``Scientific name,'' and 
``Description of listed entity'' define the species within the meaning 
of the Act. In the ``Common name'' column, experimental populations are 
identified as ``XE'' for essential populations or ``XN'' for 
nonessential populations. Species listed based on similarity of 
appearance are identified as ``S/A.'' Although a column for ``Common 
name'' is included, common names cannot be relied upon for 
identification of any specimen, because they may vary greatly in local 
usage. The ``Scientific name'' column provides the most recently 
accepted scientific name, relying to the extent practicable on the 
International Code of Zoological Nomenclature. In cases in which 
confusion might arise, a synonym(s) will be provided in parentheses. The 
``Description of listed entity'' column identifies whether the listed 
entity comprises the entire species, a subspecies, or a distinct 
population segment (DPS) and provides a description for any DPSs. Unless 
otherwise indicated in the ``Description of listed entity'' column, all 
individual members of the listed entity and their progeny retain their 
listing status wherever found, including individuals in captivity. 
Information regarding the general range of the species, subspecies, or 
DPS may be found in the Federal Register notice(s) cited in the 
``Citation(s) for listing determination(s)'' column.
    (f) The ``Citation(s) for listing determination(s)'' column provides 
reference to the Federal Register notice(s) determining the species' 
status under the Act. The abbreviation ``(SPR)'' (significant portion of 
its range) after a citation indicates that the species was listed based 
on its status in a significant portion of its range. If a citation does 
not include the ``(SPR)'' notation, it means that the species was listed 
based on its status throughout its entire range. For ``(SPR)'' listings, 
a geographical description of the SPR may be found in the referenced 
Federal Register Notice. The ``(SPR)'' notation serves an informational 
purpose only and does not imply any limitation on the application of the 
prohibitions or restrictions of the Act or implementing rules.
    (g) The ``Critical habitat'' and ``ESA rules'' columns provide 
cross-references to other sections in this part and part 226. The term 
``NA'' appearing in the ``Critical habitat'' column indicates that there 
are no critical habitat designations for that species; similarly, the 
term ``NA'' appearing in the ``ESA rules'' column indicates that there 
are no ESA rules for that species. However, all other applicable rules 
in parts 222

[[Page 479]]

through 226 and part 402 still apply to that species. Also, there may be 
other rules in this title that relate to such wildlife. The ``ESA 
rules'' column is not intended to list all Federal, state, tribal, or 
local governmental regulations that may apply to the species.
    (h) The endangered species under the jurisdiction of the Secretary 
of Commerce are:

----------------------------------------------------------------------------------------------------------------
                           Species \1\
------------------------------------------------------------------  Citation(s) for    Critical
                                                  Description of        listing        habitat      ESA rules
         Common name            Scientific name    listed entity    determination(s)
----------------------------------------------------------------------------------------------------------------
                                                 Marine Mammals
----------------------------------------------------------------------------------------------------------------
Dolphin, Chinese River (aka    Lipotes           Entire species..  54 FR 22906, May          NA  NA.
 baiji).                        vexillifer.                         30, 1989.
Dolphin, Maui................  Cephalorhynchus   Entire            82 FR 43701,              NA  NA
                                hectori maui.     subspecies.       September 19,
                                                                    2017.
Dolphin, South Asian River     Platanista        Entire            55 FR 50835, Dec.         NA  NA.
 (Indus River subspecies).      gangetica minor.  subspecies.       11, 1990.
Dolphin, Taiwanese humpback..  Sousa chinensis   Entire            83 FR 21182, May          NA  NA
                                taiwanensis.      subspecies.       9, 2018.
Porpoise, Gulf of California   Phocoena sinus..  Entire species..  50 FR 1056, Jan.          NA  NA.
 harbor (aka vaquita or                                             9, 1985.
 cochito).
Sea lion, Steller (Western     Eumetopias        Steller sea       62 FR 24345, May     226.202  224.103,
 DPS).                          jubatus.          lions born in     5, 1997.                      226.202.
                                                  the wild, west
                                                  of 144[deg] W.
                                                  Long. Also,
                                                  Steller sea
                                                  lions born in
                                                  captivity whose
                                                  mother was born
                                                  in the wild,
                                                  west of
                                                  144[deg] W.
                                                  Long., and
                                                  progeny of
                                                  these captives.
Seal, Hawaiian monk..........  Neomonachus       Entire Species..  41 FR 51611, Nov.    226.201  NA.
                                schauinslandi                       23, 1976.
                                (= Monachus
                                schauinslandi).
Seal, Mediterranean monk.....  Monachus          Entire species..  35 FR 8491, June          NA  NA.
                                monachus.                           2, 1970.
Seal, ringed (Ladoga           Phoca (=Pusa)     Entire            77 FR 76706; Dec.         NA  NA.
 subspecies).                   hispida           subspecies.       28, 2012.
                                ladogensis.
Seal, ringed (Saimaa           Phoca (=Pusa)     Entire            58 FR 26920, May          NA  NA.
 subspecies).                   hispida           subspecies.       6, 1993.
                                saimensis.
Whale, beluga (Cook Inlet      Delphinapterus    Beluga whales     73 FR 62919, Oct.    226.220  NA.
 DPS).                          leucas.           originating       22, 2008.
                                                  from Cook
                                                  Inlet, Alaska.
Whale, blue..................  Balaenoptera      Entire species..  35 FR 18319, Dec.         NA  NA.
                                musculus.                           2, 1970.
Whale, bowhead...............  Balaena           Entire species..  35 FR 18319, Dec.         NA  NA.
                                mysticetus.                         2, 1970.
Whale, false killer (Main      Pseudorca         False killer      77 FR 70915, Nov.       Sec.  NA.
 Hawaiian Islands Insular       crassidens.       whales found      28, 2012.           226.226
 DPS).                                            from nearshore
                                                  of the main
                                                  Hawaiian
                                                  Islands out to
                                                  140 km
                                                  (approximately
                                                  75 nautical
                                                  miles) and that
                                                  permanently
                                                  reside within
                                                  this geographic
                                                  range.
Whale, fin or finback........  Balaenoptera      Entire species..  35 FR 8491, June          NA  NA.
                                physalus.                           2, 1970.
Whale, gray (Western North     Eschrichtius      Western North     35 FR 8491, June          NA  NA.
 Pacific DPS).                  robustus.         Pacific           2, 1970; 59 FR
                                                  (Korean) gray     31094, June 16,
                                                  whales.           1994.
Whale, humpback (Arabian Sea   Megaptera         Humpback whales   81 FR 62260,              NA  NA.
 DPS).                          novaeangliae.     that breed and    Sept. 8, 2016.
                                                  feed in the
                                                  Arabian Sea.

[[Page 480]]

 
Whale, humpback (Cape Verde    Megaptera         Humpback whales   81 FR 62260,              NA  NA.
 Islands/Northwest Africa       novaeangliae.     that breed in     Sept. 8, 2016.
 DPS).                                            waters
                                                  surrounding the
                                                  Cape Verde
                                                  Islands in the
                                                  Eastern North
                                                  Atlantic Ocean,
                                                  as well as
                                                  those that
                                                  breed in an
                                                  undetermined
                                                  breeding area
                                                  in the eastern
                                                  tropical
                                                  Atlantic
                                                  (possibly
                                                  Canary Current)
                                                  and feed along
                                                  the Iceland
                                                  Shelf and Sea
                                                  and the
                                                  Norwegian Sea.
Whale, humpback (Central       Megaptera         Humpback whales   81 FR 62260,         226.227
 America DPS).                  novaeangliae.     that breed in     Sept. 8, 2016.
                                                  waters off
                                                  Central America
                                                  in the North
                                                  Pacific Ocean
                                                  and feed along
                                                  the West Coast
                                                  of the United
                                                  States and
                                                  southern
                                                  British
                                                  Columbia.
Whale, humpback (Western       Megaptera         Humpback whales   81 FR 62260,         226.227
 North Pacific DPS).            novaeangliae.     that breed or     Sept. 8, 2016.
                                                  winter in the
                                                  area of Okinawa
                                                  and the
                                                  Philippines in
                                                  the Kuroshio
                                                  Current (as
                                                  well as unknown
                                                  breeding
                                                  grounds in the
                                                  Western North
                                                  Pacific Ocean),
                                                  transit the
                                                  Ogasawara area,
                                                  or feed in the
                                                  North Pacific
                                                  Ocean,
                                                  primarily in
                                                  the West Bering
                                                  Sea and off the
                                                  Russian coast
                                                  and the
                                                  Aleutian
                                                  Islands.
Whale, killer (Southern        Orcinus orca....  Killer whales     80 FR 7380, Feb.     226.206  224.103.
 Resident DPS).                                   from the J, K,    10, 2015.
                                                  and L pods.
Whale, North Atlantic right..  Eubalaena         Entire species..  73 FR 12024, Mar.    226.203  224.103,
                                glacialis.                          6, 2008.                      224.105.
Whale, North Pacific right...  Eubalaena         Entire species..  73 FR 12024, Mar.    226.215  224.103.
                                japonica.                           6, 2008.
Whale, Rice's................  Balaenoptera      Entire Species..  84 FR 15446,              NA  NA.
                                ricei.                              April 15, 2019.
Whale, sei...................  Balaenoptera      Entire species..  35 FR 18319, Dec.         NA  NA.
                                borealis.                           2, 1970.
Whale, Southern right........  Eubalaena         Entire species..  35 FR 18319, Dec.         NA  NA.
                                australis.                          2, 1970.
Whale, sperm.................  Physeter          Entire species..  35 FR 18319, Dec.         NA  NA.
                                macrocephalus                       2, 1970.
                                (= catodon).
----------------------------------------------------------------------------------------------------------------
                                                  Reptiles \2\
----------------------------------------------------------------------------------------------------------------
Sea snake, dusky.............  Aipysurus fuscus  Entire species..  80 FR 60560, Oct.         NA  NA.
                                                                    7, 2015.
Sea turtle, green (Central     Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  224.104.
 South Pacific DPS).                              turtles           6, 2016.
                                                  originating
                                                  from the
                                                  Central South
                                                  Pacific Ocean,
                                                  bounded by the
                                                  following
                                                  coordinates:
                                                  9[deg] N.,
                                                  175[deg] W. in
                                                  the northwest;
                                                  9[deg] N.,
                                                  125[deg] W. in
                                                  the northeast;
                                                  40[deg] S.,
                                                  96[deg] W. in
                                                  the southeast;
                                                  40[deg] S.,
                                                  176[deg] E. in
                                                  the southwest;
                                                  and 13[deg] S.,
                                                  171[deg] E. in
                                                  the west.

[[Page 481]]

 
Sea turtle, green (Central     Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  224.104.
 West Pacific DPS).                               turtles           6, 2016.
                                                  originating
                                                  from the
                                                  Central West
                                                  Pacific Ocean,
                                                  bounded by the
                                                  following
                                                  coordinates:
                                                  41[deg] N.,
                                                  146[deg] E. in
                                                  the northwest;
                                                  41[deg] N.,
                                                  169[deg] E. in
                                                  the northeast;
                                                  9[deg] N.,
                                                  175[deg] W. in
                                                  the east;
                                                  13[deg] S.,
                                                  171[deg] E. in
                                                  the southeast;
                                                  along the
                                                  northern coast
                                                  of the island
                                                  of New Guinea;
                                                  and 4.5[deg]
                                                  N., 129[deg] E.
                                                  in the west.
Sea turtle, green              Chelonia mydas..  Green sea         81 FR 20058, Apr.         NA  224.104.
 (Mediterranean DPS).                             turtles           6, 2016.
                                                  originating
                                                  from the
                                                  Mediterranean
                                                  Sea, bounded by
                                                  5.5[deg] W.
                                                  Long. in the
                                                  west.
Sea turtle, hawksbill........  Eretmochelys      Entire species..  35 FR 8491, June     226.209  224.104.
                                imbricata.                          2, 1970.
Sea turtle, Kemp's ridley....  Lepidochelys      Entire species..  35 FR 18319, Dec.         NA  224.104.
                                kempii.                             2, 1970.
Sea turtle, leatherback......  Dermochelys       Entire species..  35 FR 8491, June     226.207  224.104.
                                coriacea.                           2, 1970.
Sea turtle, loggerhead         Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  224.104.
 (Mediterranean Sea DPS).                         turtles           Sept. 22, 2011.
                                                  originating
                                                  from the
                                                  Mediterranean
                                                  Sea east of
                                                  5[deg]36[min]
                                                  W. Long.
Sea turtle, loggerhead (North  Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  224.104.
 Indian Ocean DPS).                               turtles           Sept. 22, 2011.
                                                  originating
                                                  from the North
                                                  Indian Ocean
                                                  north of the
                                                  equator and
                                                  south of
                                                  30[deg] N. Lat.
Sea turtle, loggerhead (North  Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  224.104.
 Pacific Ocean DPS).                              turtles           Sept. 22, 2011.
                                                  originating
                                                  from the North
                                                  Pacific north
                                                  of the equator
                                                  and south of
                                                  60[deg] N. Lat.
Sea turtle, loggerhead         Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  224.104.
 (Northeast Atlantic Ocean                        turtles           Sept. 22, 2011.
 DPS).                                            originating
                                                  from the
                                                  Northeast
                                                  Atlantic Ocean
                                                  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.
Sea turtle, loggerhead (South  Caretta caretta.  Loggerhead sea    76 FR 58868,              NA  224.104.
 Pacific Ocean DPS).                              turtles           Sept. 22, 2011.
                                                  originating
                                                  from the South
                                                  Pacific south
                                                  of the equator,
                                                  north of
                                                  60[deg] S.
                                                  Lat., west of
                                                  67[deg] W.
                                                  Long., and east
                                                  of 141[deg] E.
                                                  Long.
Sea turtle, olive ridley.....  Lepidochelys      Breeding colony   43 FR 32800, July         NA  224.104.
                                olivacea.         populations on    28, 1978.
                                                  the Pacific
                                                  coast of Mexico.
----------------------------------------------------------------------------------------------------------------
                                                     Fishes
----------------------------------------------------------------------------------------------------------------
Angelshark, common...........  Squatina          Entire species..  81 FR 50394, Aug.         NA  NA.
                                squatina.                           1, 2016.
Angelshark, Argentine........  Squatina          Entire species..  82 FR 21722, May          NA  NA
                                argentina.                          10, 2017.
Angelshark, sawback..........  Squatina          Entire species..  81 FR 50394, Aug.         NA  NA.
                                aculeata.                           1, 2016.
Angelshark, smoothback.......  Squatina oculata  Entire species..  81 FR 50394, Aug.         NA  NA.
                                                                    1, 2016.
Angelshark, spiny............  Squatina          Entire species..  82 FR 21722, May          NA  NA
                                guggenheim.                         10, 2017.

[[Page 482]]

 
Bocaccio (Puget Sound/Georgia  Sebastes          Bocaccio          75 FR 22276, Apr.    226.224  NA.
 Basin DPS).                    paucispinis.      residing within   28, 2010.
                                                  the Puget Sound/
                                                  Georgia Basin
                                                  to the Northern
                                                  Boundary of the
                                                  Northern Strait
                                                  of Georgia
                                                  along the
                                                  southern
                                                  contours of
                                                  Quadra Island,
                                                  Maurelle Island
                                                  and Sonora
                                                  Island, all of
                                                  Bute Inlet The
                                                  Western
                                                  Boundary of the
                                                  U.S. side in
                                                  the Strait of
                                                  Juan de Fuca is
                                                  N 48
                                                  7[min]16[sec],
                                                  W123
                                                  17[min]15[sec]
                                                  in a straight
                                                  line to the
                                                  Canadian side
                                                  at N 48
                                                  24[min]40[sec],
                                                  123
                                                  17[min]38[sec].
Grouper, gulf................  Mycteroperca      Entire species..  81 FR 72545, Oct.         NA  NA.
                                jordani.                            20, 2016.
Guitarfish, Brazilian........  Rhinobatos        Entire species..  82 FR 21722, May          NA  NA
                                horkelii.                           10, 2017.
Salmon, Atlantic (Gulf of      Salmo salar.....  Naturally         74 FR 29344, June    226.217  NA.
 Maine DPS).                                      spawned           19, 2009.
                                                  Atlantic salmon
                                                  originating
                                                  from the Gulf
                                                  of Maine,
                                                  including such
                                                  Atlantic salmon
                                                  originating
                                                  from watersheds
                                                  from the
                                                  Androscoggin
                                                  River northward
                                                  along the Maine
                                                  coast to the
                                                  Dennys River.
                                                  Also, Atlantic
                                                  salmon from two
                                                  artificial
                                                  propagation
                                                  programs: Green
                                                  Lake National
                                                  Fish Hatchery
                                                  (GLNFH) and
                                                  Craig Brook
                                                  National Fish
                                                  Hatchery
                                                  (CBNFH). This
                                                  DPS does not
                                                  include
                                                  landlocked
                                                  salmon and
                                                  those salmon
                                                  raised in
                                                  commercial
                                                  hatcheries for
                                                  aquaculture.
Salmon, Chinook (Sacramento    Oncorhynchus      Naturally         70 FR 37160, June    226.204  NA
 River winter-run ESU).         tshawytscha.      spawned winter-   28, 2005.
                                                  run Chinook
                                                  salmon
                                                  originating
                                                  from the
                                                  Sacramento
                                                  River and its
                                                  tributaries.
                                                  Also, winter-
                                                  run Chinook
                                                  salmon from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Livingston
                                                  Stone National
                                                  Fish Hatchery
                                                  (Supplementatio
                                                  n and Captive
                                                  Broodstock).
Salmon, Chinook (Upper         Oncorhynchus      Naturally         70 FR 37160, June    226.212  NA
 Columbia River spring-run      tshawytscha.      spawned spring-   28, 2005.
 ESU).                                            run Chinook
                                                  salmon
                                                  originating
                                                  from Columbia
                                                  River
                                                  tributaries
                                                  upstream of the
                                                  Rock Island Dam
                                                  and downstream
                                                  of Chief Joseph
                                                  Dam (excluding
                                                  the Okanogan
                                                  River
                                                  subbasin).
                                                  Also, spring-
                                                  run Chinook
                                                  salmon from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Twisp River
                                                  Program; Chief
                                                  Joseph spring
                                                  Chinook
                                                  Hatchery
                                                  Program
                                                  (Okanogan
                                                  release);
                                                  Methow Program;
                                                  Winthrop
                                                  National Fish
                                                  Hatchery
                                                  Program;
                                                  Chiwawa River
                                                  Program; White
                                                  River Program;
                                                  and the Nason
                                                  Creek Program.

[[Page 483]]

 
Salmon, coho (Central          Oncorhynchus      Naturally         70 FR 37160, June    226.210  NA
 California Coast ESU).         kisutch.          spawned coho      28, 2005; 77 FR
                                                  salmon            19552, Apr. 2,
                                                  originating       2012.
                                                  from rivers
                                                  south of Punta
                                                  Gorda,
                                                  California to
                                                  and including
                                                  Aptos Creek, as
                                                  well as such
                                                  coho salmon
                                                  originating
                                                  from
                                                  tributaries to
                                                  San Francisco
                                                  Bay. Also, coho
                                                  salmon from the
                                                  following
                                                  artificial
                                                  propagation
                                                  programs: The
                                                  Don Clausen
                                                  Fish Hatchery
                                                  Captive
                                                  Broodstock
                                                  Program; the
                                                  Scott Creek/
                                                  King Fisher
                                                  Flats
                                                  Conservation
                                                  Program; and
                                                  the Scott Creek
                                                  Captive
                                                  Broodstock
                                                  Program.
Salmon, sockeye (Snake River   Oncorhynchus      Naturally         70 FR 37160, June    226.205  NA
 ESU).                          nerka.            spawned           28, 2005.
                                                  anadromous and
                                                  residual
                                                  sockeye salmon
                                                  originating
                                                  from the Snake
                                                  River basin.
                                                  Also, sockeye
                                                  salmon from the
                                                  Redfish Lake
                                                  Captive
                                                  Broodstock
                                                  Program and the
                                                  Snake River
                                                  Sockeye Salmon
                                                  Hatchery
                                                  Program.
Sawfish, dwarf...............  Pristis clavata.  Entire species..  79 FR 73978, Dec.         NA  NA.
                                                                    12, 2014.
Sawfish, green...............  Pristis zijsron.  Entire species..  79 FR 73978, Dec.         NA  NA.
                                                                    12, 2014.
Sawfish, largetooth..........  Pristis pristis   Entire species..  79 FR 73978, Dec.         NA  NA.
                                (formerly                           12, 2014.
                                Pristis
                                perotteti,
                                Pristis
                                pristis, and
                                Pristis
                                microdon).
Sawfish, narrow..............  Anoxypristis      Entire species..  79 FR 73978, Dec.         NA  NA.
                                cuspidata.                          12, 2014.
Sawfish, smalltooth (United    Pristis           Smalltooth        68 FR 15674, Apr.    226.218  NA.
 States DPS).                   pectinata.        sawfish           1, 2003.
                                                  originating
                                                  from U.S.
                                                  waters.
Sawfish, smalltooth (Non-U.S.  Pristis           Smalltooth        79 FR 73978, Dec.         NA  NA.
 DPS).                          pectinata.        sawfish           12, 2014.
                                                  originating
                                                  from non-U.S.
                                                  waters.
Shark, daggernose............  Isogomphodon      Entire species..  82 FR 21722, May          NA  NA
                                oxyrhynchus.                        10, 2017.
Shark, scalloped hammerhead    Sphyrna lewini..  Scalloped         79 FR 38214, July         NA  NA.
 (Eastern Atlantic DPS).                          hammerhead        3, 2014.
                                                  sharks
                                                  originating
                                                  from the
                                                  Eastern
                                                  Atlantic Ocean,
                                                  including all
                                                  waters of the
                                                  Mediterranean
                                                  Sea, and
                                                  delineated by
                                                  the following
                                                  boundary lines:
                                                  bounded to the
                                                  west by 30[deg]
                                                  W. long., to
                                                  the north by
                                                  40[deg] N.
                                                  lat., to the
                                                  south by
                                                  36[deg] S.
                                                  lat., and to
                                                  the east by
                                                  20[deg] E. long.

[[Page 484]]

 
Shark, scalloped hammerhead    Sphyrna lewini..  Scalloped         79 FR 38214, July         NA  NA.
 (Eastern Pacific DPS).                           hammerhead        3, 2014.
                                                  sharks
                                                  originating
                                                  from the
                                                  Eastern Pacific
                                                  Ocean,
                                                  delineated by
                                                  the following
                                                  boundary lines:
                                                  bounded to the
                                                  north by
                                                  40[deg] N lat.
                                                  and to the
                                                  south by
                                                  36[deg] S lat.
                                                  The western
                                                  boundary line
                                                  extends from
                                                  140[deg] W.
                                                  long. due south
                                                  to 10[deg] N.,
                                                  then due west
                                                  along 10[deg]
                                                  N. lat. to
                                                  150[deg] W.
                                                  long., then due
                                                  south to 4[deg]
                                                  S. lat., then
                                                  due east along
                                                  4[deg] S. lat.
                                                  to 130[deg] W.
                                                  long, and then
                                                  extends due
                                                  south along
                                                  130[deg] W.
                                                  long.
Shark, striped smoothhound...  Mustelus          Entire species..  82 FR 21722, May          NA  NA
                                fasciatus.                          10, 2017.
Steelhead (Southern            Oncorhynchus      Naturally         71 FR 834, Jan.      226.211  NA.
 California DPS).               mykiss.           spawned           5, 2006.
                                                  anadromous O.
                                                  mykiss
                                                  (steelhead)
                                                  originating
                                                  below natural
                                                  and manmade
                                                  impassable
                                                  barriers from
                                                  the Santa Maria
                                                  River to the
                                                  U.S.-Mexico
                                                  Border.
Sturgeon, Adriatic...........  Acipenser         Entire species..  79 FR 31222, June         NA  NA.
                                naccarii.                           2, 2014.
Sturgeon, Atlantic (Atlantic   Acipenser         Atlantic          77 FR 5914, Feb.          NA  NA.
 subspecies; Carolina DPS).     oxyrinchus        sturgeon          6, 2012.
                                oxyrinchus.       originating
                                                  from watersheds
                                                  (including all
                                                  rivers and
                                                  tributaries)
                                                  from Albemarle
                                                  Sound southward
                                                  along the
                                                  southern
                                                  Virginia, North
                                                  Carolina, and
                                                  South Carolina
                                                  coastal areas
                                                  to Charleston
                                                  Harbor.
Sturgeon, Atlantic (Atlantic   Acipenser         Anadromous        77 FR 5880, Feb.          NA  NA.
 subspecies; Chesapeake Bay     oxyrinchus        Atlantic          6, 2012.
 DPS).                          oxyrinchus.       sturgeon
                                                  originating
                                                  from watersheds
                                                  that drain into
                                                  the Chesapeake
                                                  Bay and into
                                                  coastal waters
                                                  from the
                                                  Delaware-
                                                  Maryland border
                                                  on Fenwick
                                                  Island to Cape
                                                  Henry, Virginia.
Sturgeon, Atlantic (Atlantic   Acipenser         Anadromous        77 FR 5880, Feb.          NA  NA.
 subspecies; New York Bight     oxyrinchus        Atlantic          6, 2012.
 DPS).                          oxyrinchus.       sturgeon
                                                  originating
                                                  from watersheds
                                                  that drain into
                                                  coastal waters,
                                                  including Long
                                                  Island Sound,
                                                  the New York
                                                  Bight, and
                                                  Delaware Bay,
                                                  from Chatham,
                                                  Massachusetts
                                                  to the Delaware-
                                                  Maryland border
                                                  on Fenwick
                                                  Island.
Sturgeon, Atlantic (Atlantic   Acipenser         Atlantic          77 FR 5914, Feb.          NA  NA.
 subspecies; South Atlantic     oxyrinchus        sturgeon          6, 2012.
 DPS).                          oxyrinchus.       originating
                                                  from 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.
Sturgeon, Chinese............  Acipenser         Entire species..  79 FR 31222, June         NA  NA.
                                sinensis.                           2, 2014.
Sturgeon, European...........  Acipenser sturio  Entire species..  79 FR 31222, June         NA  NA.
                                                                    2, 2014.
Sturgeon, Kaluga.............  Huso dauricus...  Entire species..  79 FR 31222, June         NA  NA.
                                                                    2, 2014.
Sturgeon, Sakhalin...........  Acipenser         Entire species..  79 FR 31222, June         NA  NA.
                                mikadoi.                            2, 2014.

[[Page 485]]

 
Sturgeon, shortnose..........  Acipenser         Entire species..  32 FR 4001, Mar.          NA  NA.
                                brevirostrum.                       11, 1967.
Totoaba......................  Cynoscion         Entire species..  44 FR 29480, May          NA  NA.
                                macdonaldi.                         21, 1979.
----------------------------------------------------------------------------------------------------------------
                                                    Molluscs
----------------------------------------------------------------------------------------------------------------
Abalone, black...............  Haliotis          Entire species..  74 FR 1937, Jan.     226.221  NA.
                                cracherodii.                        14, 2009.
Abalone, white...............  Haliotis          Entire species..  66 FR 29054, May          NA  NA.
                                sorenseni.                          29, 2001.
----------------------------------------------------------------------------------------------------------------
                                                     Corals
----------------------------------------------------------------------------------------------------------------
Coral, [no common name]......  Cantharellus      Entire species..  80 FR 60560, Oct.         NA  NA.
                                noumeae.                            7, 2015.
Coral, [no common name]......  Tubastraea        Entire species..  80 FR 60560, Oct.         NA  NA.
                                floreana.                           7, 2015.
----------------------------------------------------------------------------------------------------------------
\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.


[79 FR 20814, Apr. 14, 2014, as amended at 79 FR 31227, June 2, 2014; 79 
FR 38241, July 3, 2014; 79 FR 68372, Nov. 17, 2014; 79 FR 74005, Dec. 
12, 2014; 79 FR 78725, Dec. 31, 2014; 80 FR 7978, Feb. 13, 2015; 80 FR 
7390, Feb. 10, 2015; 80 FR 60564, Oct. 7, 2015; 81 FR 20090, Apr. 6, 
2016; 81 FR 50400, Aug. 1, 2016; 81 FR 62320, Sept. 8, 2016; 81 FR 
72549, Oct. 20, 2016; 82 FR 7720, Jan. 23, 2017; 82 FR 21740, May 10, 
2017; 82 FR 43710, Septt. 19, 2017; 83 FR 21186, May 9, 2018; 83 FR 
35091, July 24, 2018]; 84 FR 15487, Apr. 15, 2019; 85 FR 81836, Dec. 17, 
2020; 86 FR 21152, Apr. 21, 2021; 86 FR 47024, Aug. 23, 2021; 86 FR 
74380, Dec. 30, 2021]



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) [Reserved]
    (b) Approaching endangered 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 
endangered 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. 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.

[[Page 486]]

    (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 its ability to maneuver and, because of 
the restriction, cannot comply with paragraph (b)(1) of this section.
    (iii) Paragraph (b)(1) of this section does not apply to commercial 
fishing vessels lawfully engaged in actively setting, retrieving or 
closely tending commercial fishing gear. For purposes of this paragraph 
(b), commercial fishing means taking or harvesting fish or fishery 
resources to sell, barter, or trade. Commercial fishing does not include 
commercial passenger fishing operations (i.e. charter operations or 
sport fishing activities).
    (iv) Paragraph (b)(1) of this section does not apply to state, 
local, or Federal government vessels operating in the course of official 
duty.
    (v) Paragraph (b)(1) of this section does not affect the rights of 
Alaska Natives under 16 U.S.C. 1539(e).
    (vi) Paragraph (b) of this section shall not take precedence over 
any more restrictive conflicting Federal regulation pertaining to 
humpback whales, including the regulations at 36 CFR 13.1102-13.1188 
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 endangered 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 CFR 83.06 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.

[[Page 487]]

    (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--(1) General Prohibitions. The following regulatory 
provisions shall apply to the western population of Steller sea lions:
    (i) No discharge of firearms. Except as provided in paragraph (d)(2) 
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 west of 144 [deg]W longitude. A firearm is any weapon, 
such as a pistol or rifle, capable of firing a missile using an 
explosive charge as a propellant.
    (ii) No approach in buffer areas. Except as provided in paragraph 
(d)(2) of this section:
    (A) 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 (d)(1)(iii) of this section;
    (B) No person may approach on land not privately owned within one-
half statutory mile (0.8 kilometers) or within sight of a Steller sea 
lion rookery site listed in paragraph (d)(1)(iii) of this section, 
whichever is greater, except on Marmot Island; and
    (C) 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 (d)(1)(iii) of this section, whichever is 
greater.
    (iii) Listed sea lion rookery sites. Listed Steller sea lion rookery 
sites consist of the rookeries in the Aleutian Islands and the Gulf of 
Alaska listed in Table 1.

                                          Table 1 to Sec.   224.103--Listed Steller Sea Lion Rookery Sites \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      From                                         To
              Island              ----------------------------------------------------------------------------------------   NOAA           Notes
                                           Lat.                  Long.                 Lat.                  Long.           Chart
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Outer I.......................  59[deg]20.5 N.......  150[deg]23.0 W......  59[deg]21.0 N.......  150[deg]24.5 W......     16681  S quadrant.
2. Sugarloaf I...................  58[deg]53.0 N.......  152[deg]02.0 W......                                                 16580  Whole island.
3. Marmot I......................  58[deg]14.5 N.......  151[deg]47.5 W......  58[deg]10.0 N.......  151[deg]51.0 W......     16580  SE quadrant.
4. Chirikof I....................  55[deg]46.5 N.......  155[deg]39.5 W......  55[deg]46.5 N.......  155[deg]43.0 W......     16580  S quadrant.
5. Chowiet I.....................  56[deg]00.5 N.......  156[deg]41.5 W......  56[deg]00.5 N.......  156[deg]42.0 W......     16013  S quadrant.
6. Atkins I......................  55[deg]03.5 N.......  159[deg]18.5 W......                                                 16540  Whole island.
7. Chernabura I..................  54[deg]47.5 N.......  159[deg]31.0 W......  54[deg]45.5 N.......  159[deg]33.5 W......     16540  SE corner.
8. Pinnacle Rock.................  54[deg]46.0 N.......  161[deg]46.0 W......                                                 16540  Whole island.
9. Clubbing Rks (N)..............  54[deg]43.0 N.......  162[deg]26.5 W......                                                 16540  Whole island.
Clubbing Rks (S).................  54[deg]42.0 N.......  162[deg]26.5 W......                                                 16540  Whole Island.
10. Sea Lion Rks.................  55[deg]28.0 N.......  163[deg]12.0 W......                                                 16520  Whole island.
11. Ugamak I.....................  54[deg]14.0 N.......  164[deg]48.0 W......  54[deg]13.0 N.......  164[deg]48.0 W......     16520  E end of island.
12. Akun I.......................  54[deg]18.0 N.......  165[deg]32.5 W......  54[deg]18.0 N.......  165[deg]31.5 W......     16547  Billings Head
                                                                                                                                      Bight.
13. Akutan I.....................  54[deg]03.5 N.......  166[deg]00.0 W......  54[deg]05.5 N.......  166[deg]05.0 W......     16520  SW corner, Cape
                                                                                                                                      Morgan.
14. Bogoslof I...................  53[deg]56.0 N.......  168[deg]02.0 W......                                                 16500  Whole island.
15. Ogchul I.....................  53[deg]00.0 N.......  168[deg]24.0 W......                                                 16500  Whole island.
16. Adugak I.....................  52[deg]55.0 N.......  169[deg]10.5 W......                                                 16500  Whole island.
17. Yunaska I....................  52[deg]42.0 N.......  170[deg]38.5 W......  52[deg]41.0 N.......  170[deg]34.5 W......     16500  NE end.
18. Seguam I.....................  52[deg]21.0 N.......  172[deg]35.0 W......  52[deg]21.0 N.......  172[deg]33.0 W......     16480  N coast,
                                                                                                                                      Saddleridge Pt.
19. Agligadak I..................  52[deg]06.5 N.......  172[deg]54.0 W......                                                 16480  Whole island.
20. Kasatochi I..................  52[deg]10.0 N.......  175[deg]31.5 W......  52[deg]10.5 N.......  175[deg]29.0 W......     16480  N half of island.
21. Adak I.......................  51[deg]36.5 N.......  176[deg]59.0 W......  51[deg]38.0 N.......  176[deg]59.5 W......     16460  SW Point, Lake
                                                                                                                                      Point.
22. Gramp rock...................  51[deg]29.0 N.......  178[deg]20.5 W......                                                 16460  Whole island.
23. Tag I........................  51[deg]33.5 N.......  178[deg]34.5 W......                                                 16460  Whole island.
24. Ulak I.......................  51[deg]20.0 N.......  178[deg]57.0 W......  51[deg]18.5 N.......  178[deg]59.5 W......     16460  SE corner, Hasgox
                                                                                                                                      Pt.
25. Semisopochnoi................  51[deg]58.5 N.......  179[deg]45.5 E......  51[deg]57.0 N.......  179[deg]46.0 E......     16440  E quadrant, Pochnoi
                                                                                                                                      Pt.
Semisopochnoi....................  52[deg]01.5 N.......  179[deg]37.5 E......  52[deg]01.5 N.......  179[deg]39.0 E......     16440  N quadrant, Petrel
                                                                                                                                      Pt.
26. Amchitka I...................  51[deg]22.5 N.......  179[deg]28.0 E......  51[deg]21.5 N.......  179[deg]25.0 E......     16440  East Cape.
27. Amchitka I...................  51[deg]32.5 N.......  178[deg]49.5 E......                                                 16440  Column Rocks.

[[Page 488]]

 
28. Ayugadak Pt..................  51[deg]45.5 N.......  178[deg]24.5 E......                                                 16440  SE coast of Rat
                                                                                                                                      Island.
29. Kiska I......................  51[deg]57.5 N.......  177[deg]21.0 E......  51[deg]56.5 N.......  177[deg]20.0 E......     16440  W central, Lief
                                                                                                                                      Cove.
30. Kiska I......................  51[deg]52.5 N.......  177[deg]13.0 E......  51[deg]53.5 N.......  177[deg]12.0 E......     16440  Cape St. Stephen.
31. Walrus I.....................  57[deg]11.0 N.......  169[deg]56.0 W......                                                 16380  Whole island.
32. Buldir I.....................  52[deg]20.5 N.......  175[deg]57.0 E......  52[deg]23.5 N.......  175[deg]51.0 E......     16420  Se point to NW
                                                                                                                                      point.
33. Agattu I.....................  52[deg]24.0 N.......  173[deg]21.5 E......                                                 16420  Gillion Point.
34. Agattu I.....................  52[deg]23.5 N.......  173[deg]43.5 E......  52[deg]22.0 N.......  173[deg]41.0 E......     16420  Cape Sabak.
35. Attu I.......................  52[deg]54.5 N.......  172[deg]28.5 E......  52[deg]57.5 N.......  172[deg]31.5 E......     16681  S Quadrant.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Each site extends in a clockwise direction from the first set of geographic coordinates along the shoreline at mean lower low water to the second
  set of coordinates; or, if only one set of geographic coordinates is listed, the site extends around the entire shoreline of the island at mean lower
  low water.


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    (iv) Commercial Fishing Operations. The incidental mortality and 
serious injury of endangered Steller sea lions in commercial fisheries 
can be authorized in compliance with sections 101(a)(5) and 118 of the 
Marine Mammal Protection Act.
    (2) Exceptions--(i) Permits. The Assistant Administrator may issue 
permits authorizing activities that would otherwise be prohibited under 
paragraph (d)(1) of this section in accordance with and subject to the 
provisions of part

[[Page 518]]

222, subpart C of this chapter--General Permit Procedures.
    (ii) Official activities. The taking of Steller sea lions must be 
reported within 30 days to the Regional Administrator, Alaska Region. 
Paragraph (d)(1) 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:
    (A) 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
    (B) Entering the buffer areas to perform activities that are 
necessary for national defense, or the performance of other legitimate 
governmental activities.
    (iii) Subsistence takings by Alaska natives. Paragraph (d)(1) of 
this section does not apply to the taking of Steller sea lions for 
subsistence purposes under section 10(e) of the Act.
    (iv) Emergency situations. Paragraph (d)(1)(ii) 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.
    (v) Exemptions. Paragraph (d)(1)(ii) of this section does not apply 
to any activity authorized by a prior written exemption from the 
Regional Administrator, 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 effect 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.
    (vi) Navigational transit. Paragraph (d)(1)(ii) 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, narrow, 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.
------------------------------------------------------------------------

    (3) Penalties. (i) 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.
    (ii) Any vessel used in violation of this subsection or the 
Endangered Species Act is subject to forfeiture under section 
11(e)(4)(B) of the Act.
    (e) Protective regulations for killer whales in Washington--(1) 
Applicability. The following restrictions apply to all motorized and 
non-motorized vessels in inland waters of the United States east of a 
line connecting Cape Flattery, Washington (48[deg]23[min]10[sec] N./
124[deg]43[min]32[sec] W.), Tatoosh Island, Washington 
(48[deg]23[min]30[sec] N./124[deg]44[min]12[sec] W.), and Bonilla Point, 
British Columbia (48[deg]35[min]30[sec] N./124[deg]43[min]00[sec] W.) 
and south of the U.S./Canada international boundary. The shoreline 
boundary is the charted mean high water line cutting across the mouths 
of all rivers and streams.
    (2) Prohibitions. Except as provided in paragraph (e)(3) of this 
section, it is unlawful for any person subject to the jurisdiction of 
the United States to:
    (i) Cause a vessel to approach, in any manner, within 200 yards 
(182.9 m) of any killer whale.
    (ii) Position a vessel to be in the path of any killer whale at any 
point located within 400 yards (365.8 m) of the whale. This includes 
intercepting a killer whale by positioning a vessel so that the 
prevailing wind or water current carries the vessel into the path of the 
whale.
    (3) Exceptions. The following exceptions apply to this section:
    (i) The prohibitions of paragraph (e)(2) of this section do not 
apply to
    (A) Federal Government vessels operating in the course of their 
official duty or state and local government

[[Page 519]]

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; 78 FR 66169, Nov. 4, 2013; 81 FR 62021, 62320, Sept. 8, 2016]



Sec.  224.104  Special requirements for fishing activities to protect 
endangered sea turtles.

    (a) Shrimp fishermen in the southeastern United States and the Gulf 
of Mexico who comply with rules for threatened sea turtles specified in 
Sec.  223.206 of this chapter will not be subject to civil penalties 
under the Act for incidental captures of endangered sea turtles by 
shrimp trawl gear.
    (b) Summer flounder fishermen in the Summer flounder fishery-sea 
turtle protection area who comply with rules for threatened sea turtles 
specified in Sec.  223.206 of this chapter will not be subject to civil 
penalties under the Act for incidental captures of endangered sea 
turtles by summer flounder gear.
    (c) Special prohibitions relating to sea turtles are provided at 
Sec.  223.206(d).

[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 44552, Aug. 24, 2001; 
66 FR 67496, Dec. 31, 2001; 68 FR 8471, Feb. 21, 2003; 69 FR 18453, Apr. 
7, 2004; 72 FR 31757, June 8, 2007]



Sec.  224.105  Speed restrictions to protect North Atlantic Right Whales.

    (a) The following restrictions apply to: All vessels greater than or 
equal to 65 ft (19.8 m) in overall length and subject to the 
jurisdiction of the United States, and all other vessels greater than or 
equal to 65 ft (19.8 m) in overall length entering or departing a port 
or place subject to the jurisdiction of the United States. These 
restrictions shall not apply to U.S. vessels owned or operated by, or 
under contract to, the Federal Government. This exemption extends to 
foreign sovereign vessels when they are engaging in joint exercises with 
the U.S. Department of the Navy. In addition, these restrictions do not 
apply to law enforcement vessels of a State, or political subdivision 
thereof, when engaged in law enforcement or search and rescue duties.
    (1) Southeast U.S. (south of St. Augustine, FL to north of 
Brunswick, GA): Vessels shall travel at a speed of 10 knots or less over 
ground during the period of November 15 to April 15 each year in the 
area bounded by the following: Beginning at 31[deg]27[min]00.0[sec] N-
080[deg]51[min]36.0[sec] W; thence west to charted mean high water line 
then south along charted mean high water line and inshore limits of 
COLREGS limit to a latitude of 29[deg]45[min]00.0[sec] N thence east to 
29[deg]45[min]00.0[sec] N-080[deg]51[min]36.0[sec] W; thence back to 
starting point. (Fig. 1).
    (2) Mid-Atlantic U.S. (from north of Brunswick, Georgia to Rhode 
Island): Vessels shall travel 10 knots or less over ground in the period 
November 1 to April 30 each year:
    (i) In the area bounded by the following: 33[deg]56[min]42.0[sec] N-
077[deg]31[min]30.0[sec] W; thence along a NW bearing of 313.26[deg] 
True to charted mean high water line then south along mean high water 
line and inshore limits of COLREGS limit to a latitude of 
31[deg]27[min]00.0[sec] N; thence

[[Page 520]]

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 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) No later than January 1, 2019, the National Marine Fisheries 
Service will publish and seek comment on a report evaluating the 
conservation value and economic and navigational safety impacts of this 
section, including any recommendations to minimize burden of such 
impacts.

[79 FR 34245, June 16, 2014]

                           PART 225 [RESERVED]

[[Page 521]]



PART 226_DESIGNATED CRITICAL HABITAT--Table of Contents



Sec.
226.101 Purpose and scope.
226.201 Critical habitat for the Hawaiian monk seal (Neomonachus 
          schauinslandi).
226.202 Critical habitat for Steller sea lions.
226.203 Critical habitat for North Atlantic right whales (Eubalaena 
          glacialis).
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 15 Distinct Population Segments (DPSs) of 
          salmon and steelhead (Oncorhynchus spp.) in Washington, Oregon 
          and Idaho.
226.213 [Reserved]
226.214 Critical habitat for Gulf sturgeon.
226.215 Critical habitat for the North Pacific Right Whale (Eubalaena 
          japonica).
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).
226.223 Critical habitat for the Northwest Atlantic Ocean Distinct 
          Population Segment of the loggerhead sea turtle (Caretta 
          caretta).
226.224 Critical habitat for the Puget Sound/Georgia Basin DPS of 
          yelloweye rockfish (Sebastes ruberrimus), and Bocaccio (S. 
          paucispinus).
226.225 Critical habitat for the Gulf of Maine, New York Bight, 
          Chesapeake Bay, Carolina, and South Atlantic distinct 
          population segments (DPSs) of Atlantic Sturgeon.
226.226 Critical habitat for the main Hawaiian Islands insular false 
          killer whale (Pseudorca crassidens) Distinct Population 
          Segment.
226.227 Critical habitat for the Central America, Mexico, and Western 
          North Pacific distinct population segments (DPSs) of humpback 
          whales (Megaptera novaeangliae).
226.228 Critical Habitat for the Arctic Subspecies (Pusa hispida 
          hispida) of the Ringed Seal.
226.229 Critical Habitat for the Beringia Distinct Population Segment of 
          the Bearded Seal Subspecies Erignathus barbatus nauticus.
226.230 Critical habitat for the Caribbean Boulder Star Coral (Orbicella 
          franksi), Lobed Star Coral (O. annularis), Mountainous Star 
          Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and 
          Rough Cactus Coral (Mycetophyllia ferox).

Table 1 to Part 226--Major Steller Sea Lion Rookery Sites
Table 2 to Part 226--Major Steller Sea Lion Haulout Sites in Alaska
Table 3 to Part 226--Hydrologic Units Containing Critical Habitat for 
          Snake River Sockeye Salmon and Snake River Spring/Summer and 
          Fall Chinook Salmon
Table 4 to Part 226 [Reserved]
Table 5 to Part 226--Hydrologic Units and Counties Containing Critical 
          Habitat for Central California Coast Coho Salmon, Tribal Lands 
          Within the Range of the ESU, and Dams/Reservoirs Representing 
          the Upstream Extent of Critical Habitat
Table 6 to Part 226--Hydrologic Units and Counties Containing Critical 
          Habitat for Southern Oregon/Northern California Coasts Coho 
          Salmon, Tribal Lands Within the Range of the ESU, and Dams/
          Reservoirs Representing the Upstream Extent of Critical 
          Habitat

    Authority: 16 U.S.C. 1533.



Sec.  226.101  Purpose and scope.

    The regulations contained in this part identify those habitats 
designated by the Secretary of Commerce as critical, under section 4 of 
the Act, for endangered and threatened species under the jurisdiction of 
the Secretary of Commerce. Those species are enumerated at Sec.  223.102 
of this chapter if

[[Page 522]]

threatened and at Sec.  224.101 of this chapter if endangered. For 
regulations pertaining to the designation of critical habitat, see part 
424 of this title; 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 (see Sec.  222.102, 
definition of ``Office of Protected Resources'').

[77 FR 25622, May 1, 2012]



Sec.  226.201  Critical habitat for the Hawaiian monk seal 
(Neomonachus schauinslandi).

    Critical habitat is designated for Hawaiian monk seals as described 
in this section. The textual descriptions of critical habitat in this 
section are the definitive source for determining the critical habitat 
boundaries.
    (a) Critical habitat boundaries. Critical habitat is designated to 
include all areas in paragraphs (a)(1) and (2) of this section and as 
described in paragraphs (b)(1) and (2) of this section:
    (1) Northwestern Hawaiian Islands: Hawaiian monk seal critical 
habitat areas include all beach areas, sand spits and islets, including 
all beach crest vegetation to its deepest extent inland, lagoon waters, 
inner reef waters, and including marine habitat through the water's 
edge, including the seafloor and all subsurface waters and marine 
habitat within 10 m of the seafloor, out to the 200-m depth contour line 
(relative to mean lower low water) around the following 10 areas:
    (i) Kure Atoll,
    (ii) Midway Islands,
    (iii) Pearl and Hermes Reef,
    (iv) Lisianski Island,
    (v) Laysan Island,
    (vi) Maro Reef,
    (vii) Gardner Pinnacles,
    (viii) French Frigate Shoals,
    (ix) Necker Island, and
    (x) Nihoa Island.
    (2) Main Hawaiian Islands: Hawaiian monk seal critical habitat areas 
surrounding the following islands listed below are defined in the marine 
environment by a seaward boundary that extends from the 200-m depth 
contour line (relative to mean lower low water), including the seafloor 
and all subsurface waters and marine habitat within 10 m of the 
seafloor, through the water's edge into the terrestrial environment 
where the inland boundary extends 5 m (in length) from the shoreline 
between identified boundary points listed in the table below around the 
areas listed in paragraphs (a)(2)(i)-(vi) of this section. The shoreline 
is described by the upper reaches of the wash of the waves, other than 
storm or seismic waves, at high tide during the season in which the 
highest wash of the waves occurs, usually evidenced by the edge of 
vegetation growth or the upper limit of debris (except those areas 
identified in paragraph (c) of this section). In areas where critical 
habitat does not extend inland, the designation has a seaward boundary 
of a line that marks mean lower low water.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                Area                           Island           Textual description of segment       Boundary points         Latitude        Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
13..................................  Kauai..................  Southeast coast of Kauai (Nomilu  KA 11..................  21[deg]53[min]  159[deg]31[min
                                                                Fishpond area through            KA 12..................      08[sec] N.     ]48[sec] W.
                                                                Mahaulepu).                                               21[deg]53[min]  159[deg]24[min
                                                                                                                              34[sec] N.     ]25[sec] W.
13..................................  Kauai..................  Kawelikoa Point to Molehu.......  KA 21..................  21[deg]54[min]  159[deg]23[min
                                                                                                 KA 22..................      26[sec] N.     ]26[sec] W.
                                                                                                                          21[deg]54[min]  159[deg]23[min
                                                                                                                              48[sec] N.     ]08[sec] W.
13..................................  Kauai..................  Lydgate Park through Wailua       KA 31..................  22[deg]02[min]  159[deg]20[min
                                                                canal.                           KA 32..................      11[sec] N.     ]08[sec] W.
                                                                                                                          22[deg]02[min]  159[deg]20[min
                                                                                                                              41[sec] N.     ]11[sec] W.
13..................................  Kauai..................  Wailua canal through Waikaea      KA 41..................  22[deg]02[min]  159[deg]20[min
                                                                canal.                           KA 42..................      45[sec] N.     ]10[sec] W.
                                                                                                                          22[deg]04[min]  159[deg]18[min
                                                                                                                              14[sec] N.     ]60[sec] W.
13..................................  Kauai..................  Waikaea canal through Kealia....  KA 51..................  22[deg]04[min]  159[deg]19[min
                                                                                                 KA 52..................      15[sec] N.     ]01[sec] W.
                                                                                                                          22[deg]05[min]  159[deg]18[min
                                                                                                                              59[sec] N.     ]08[sec] W.
13..................................  Kauai..................  Anahola and Aliomanu areas......  KA 61..................  22[deg]07[min]  159[deg]17[min
                                                                                                 KA 62..................      46[sec] N.     ]35[sec] W.
                                                                                                                          22[deg]09[min]  159[deg]18[min
                                                                                                                              28[sec] N.     ]18[sec] W.
13..................................  Kauai..................  Moloaa Bay through Kepuhi Point.  KA 71..................  22[deg]11[min]  159[deg]19[min
                                                                                                 KA 72..................      38[sec] N.     ]46[sec] W.
                                                                                                                          22[deg]12[min]  159[deg]21[min
                                                                                                                              52[sec] N.     ]14[sec] W.
13..................................  Kauai..................  Southeast of Kilauea............  KA 81..................  22[deg]13[min]  159[deg]23[min
                                                                                                 KA 82..................      48[sec] N.     ]52[sec] W.
                                                                                                                          22[deg]13[min]  159[deg]24[min
                                                                                                                              55[sec] N.     ]06[sec] W.
13..................................  Kauai..................  Wainiha Beach Park through Kee    KA 91..................  22[deg]12[min]  159[deg]32[min
                                                                Beach Park.                      KA 92..................      60[sec] N.     ]30[sec] W.
                                                                                                                          22[deg]13[min]  159[deg]35[min
                                                                                                                              13[sec] N.     ]01[sec] W.

[[Page 523]]

 
13..................................  Kauai..................  Milolii State Park Beach Area...  KA 101.................  22[deg]09[min]  159[deg]42[min
                                                                                                 KA 102.................      13[sec] N.     ]52[sec] W.
                                                                                                                          22[deg]08[min]  159[deg]43[min
                                                                                                                              59[sec] N.     ]21[sec] W.
14..................................  Oahu...................  Keana Point Area................  OA 11..................  21[deg]34[min]  158[deg]15[min
                                                                                                 OA 12..................      43[sec] N.     ]37[sec] W.
                                                                                                                          21[deg]32[min]  158[deg]14[min
                                                                                                                              45[sec] N.     ]25[sec] W.
14..................................  Oahu...................  Maili Beach through Kalaeloa      OA 21..................  21[deg]25[min]  158[deg]10[min
                                                                Barbers Point Harbor.            OA 22..................      43[sec] N.     ]48[sec] W.
                                                                                                                          21[deg]19[min]  158[deg]07[min
                                                                                                                              24[sec] N.     ]20[sec] W.
14..................................  Oahu...................  Kalaeloa Barbers Point Harbor     OA 31..................  21[deg]19[min]  158[deg]07[min
                                                                through Iroquois Point.          OA 32..................      18[sec] N.     ]17[sec] W.
                                                                                                                          21[deg]19[min]  157[deg]58[min
                                                                                                                              20[sec] N.     ]17[sec] W.
14..................................  Oahu...................  Diamond Head area...............  OA 41..................  21[deg]15[min]  157[deg]49[min
                                                                                                 OA 42..................      27[sec] N.     ]05[sec] W.
                                                                                                                          21[deg]15[min]  157[deg]47[min
                                                                                                                              24[sec] N.     ]45[sec] W.
14..................................  Oahu...................  Hanauma Bay through Sandy Beach.  OA 51..................  21[deg]16[min]  157[deg]41[min
                                                                                                 OA 52..................      05[sec] N.     ]50[sec] W.
                                                                                                                          21[deg]17[min]  157[deg]39[min
                                                                                                                              45[sec] N.     ]27[sec] W.
14..................................  Oahu...................  Makapuu Beach Area..............  OA 61..................  21[deg]18[min]  157[deg]39[min
                                                                                                 OA 62..................      36[sec] N.     ]31[sec] W.
                                                                                                                          21[deg]18[min]  157[deg]39[min
                                                                                                                              58[sec] N.     ]55[sec] W.
14..................................  Oahu...................  Lori Point through Waimea Bay...  OA 71..................  21[deg]40[min]  157[deg]56[min
                                                                                                 OA 72..................      26[sec] N.     ]00[sec] W.
                                                                                                                          21[deg]38[min]  158[deg]03[min
                                                                                                                              18[sec] N.     ]56[sec] W.
14..................................  Oahu...................  Kapapa Island (Kaneohe Bay).....  OAi 1..................  21[deg]28[min]  157[deg]47[min
                                                                                                                              36[sec] N.     ]55[sec] W.
14..................................  Oahu...................  Mokulua--Moku Nui...............  OAi 2..................  21[deg]23[min]  157[deg]41[min
                                                                                                                              30[sec] N.         ]56''W.
14..................................  Oahu...................  Mokulua--Moku Iki...............  OAi 3..................  21[deg]23[min]  157[deg]41[min
                                                                                                                              16[sec] N.     ]52[sec] W.
14..................................  Oahu...................  Manana (Rabbit Island)..........  OAi 4..................  21[deg]19[min]  157[deg]39[min
                                                                                                                              44[sec] N.     ]24[sec] W.
15..................................  Molokai................  Laau Point Area.................  MO 11..................  21[deg]07[min]  157[deg]17[min
                                                                                                 MO 12..................      49[sec] N.     ]47[sec] W.
                                                                                                                          21[deg]05[min]  157[deg]15[min
                                                                                                                              21[sec] N.     ]50[sec] W.
15..................................  Molokai................  Kalaupapa Area..................  MO 21..................  21[deg]12[min]  156[deg]58[min
                                                                                                 MO 22..................      33[sec] N.     ]52[sec] W.
                                                                                                                          21[deg]11[min]  156[deg]59[min
                                                                                                                              28[sec] N.     ]06[sec] W.
15..................................  Molokai................  Moku Hooniki....................  MOi 1..................  21[deg]07[min]  156[deg]42[min
                                                                                                                              59[sec] N.     ]10[sec] W.
15..................................  Lanai..................  Shipwreck Beach Area............  LA 11..................  20[deg]54[min]  156[deg]53[min
                                                                                                 LA 12..................      45[sec] N.     ]45[sec] W.
                                                                                                                          20[deg]55[min]  156[deg]56[min
                                                                                                                              20[sec] N.     ]45[sec] W.
15..................................  Lanai..................  Northwest Lanai (Including        LA 21..................  20[deg]55[min]  156[deg]59[min
                                                                Polihua Beach).                  LA 22..................      42[sec] N.     ]47[sec] W.
                                                                                                                          20[deg]52[min]  157[deg]02[min
                                                                                                                              02[sec] N.     ]33[sec] W.
15..................................  Lanai..................  North of Kamalapau Harbor.......  LA 31..................  20[deg]48[min]  156[deg]59[min
                                                                                                 LA 32..................      38[sec] N.     ]15[sec] W.
                                                                                                                          20[deg]47[min]  156[deg]59[min
                                                                                                                              17[sec] N.     ]24[sec] W.
15..................................  Lanai..................  Kamalapau Harbor through Kaholo   LA 41..................  20[deg]47[min]  156[deg]59[min
                                                                Pali.                            LA 42..................      13[sec] N.     ]27[sec] W.
                                                                                                                          20[deg]46[min]  156[deg]59[min
                                                                                                                              59[sec] N.     ]31[sec] W.
15..................................  Lanai..................  Kaholo Pali through Manele        LA 51..................  20[deg]44[min]  156[deg]58[min
                                                                Harbor.                          LA 52..................      13[sec] N.     ]01[sec] W.
                                                                                                                          20[deg]44[min]  156[deg]53[min
                                                                                                                              29[sec] N.     ]15[sec] W.
15..................................  Lanai..................  Manele Harbor through Nakalahale  LA 61..................  20[deg]44[min]  156[deg]53[min
                                                                Cliff.                           LA 62..................      35[sec] N.     ]14[sec] W.
                                                                                                                          20[deg]44[min]  156[deg]52[min
                                                                                                                              49[sec] N.     ]16[sec] W.
15..................................  Lanai..................  Nakalahale Cliff through Lopa     LA 71..................  20[deg]45[min]  156[deg]51[min
                                                                Beach.                           LA 72..................      07[sec] N.     ]50[sec] W.
                                                                                                                          20[deg]48[min]  156[deg]48[min
                                                                                                                              21[sec] N.     ]24[sec] W.
15..................................  Lanai..................  Puupehe *.......................  LAi 1..................  20[deg]44[min]  156[deg]53[min
                                                                                                                              04[sec] N.     ]25[sec] W.
15..................................  Kahoolawe..............  Mid-North coast (including        KH 11..................  20[deg]34[min]  156[deg]37[min
                                                                Kaukamoku and Ahupuiki).         KH 12..................      36[sec] N.     ]36[sec] W.
                                                                                                                          20[deg]34[min]  156[deg]38[min
                                                                                                                              10[sec] N.     ]15[sec] W.
15..................................  Kahoolawe..............  Eastern coast of Kahoolawe        KH 21..................  20[deg]33[min]  156[deg]40[min
                                                                (Honokoa through Sailer's Hat).  KH 22..................      08[sec] N.     ]35[sec] W.
                                                                                                                          20[deg]30[min]  156[deg]40[min
                                                                                                                              04[sec] N.     ]23[sec] W.
15..................................  Maui...................  Kuloa Point through Hana Wharf    MA 11..................  20[deg]40[min]  156[deg]02[min
                                                                and Ramp.                        MA 12..................      02[sec] N.     ]27[sec] W.
                                                                                                                          20[deg]45[min]  155[deg]58[min
                                                                                                                              21[sec] N.     ]54[sec] W.
15..................................  Maui...................  Hana Wharf and Ramp through       MA 21..................  20[deg]45[min]  155[deg]58[min
                                                                Kainalimu Bay.                   MA 22..................      20[sec] N.     ]56[sec] W.
                                                                                                                          20[deg]46[min]  155[deg]59[min
                                                                                                                              08[sec] N.     ]04[sec] W.
15..................................  Maui...................  Keanae Pennisula to Nauailua Bay  MA 31..................  20[deg]51[min]  156[deg]08[min
                                                                                                 MA 32..................      56[sec] N.     ]46[sec] W.
                                                                                                                          20[deg]51[min]  156[deg]08[min
                                                                                                                              41[sec] N.     ]55[sec] W.
15..................................  Maui...................  Maliko Bay through Papaula Point  MA 41..................  20[deg]56[min]  156[deg]21[min
                                                                                                 MA 42..................      11[sec] N.     ]11[sec] W.
                                                                                                                          20[deg]54[min]  156[deg]25[min
                                                                                                                              30[sec] N.     ]06[sec] W.
15..................................  Maui...................  Kahului Harbor West through       MA 51..................  20[deg]53[min]  156[deg]28[min
                                                                Waihee Beach Park.               MA 52..................      53[sec] N.     ]47[sec] W.
                                                                                                                          20[deg]56[min]  156[deg]30[min
                                                                                                                              04[sec] N.     ]15[sec] W.
15..................................  Maui...................  Punalau Beach through to Mala     MA 61..................  21[deg]01[min]  156[deg]37[min
                                                                Wharf.                           MA 62..................      20[sec] N.     ]28[sec] W.
                                                                                                                          20[deg]53[min]  156[deg]41[min
                                                                                                                              09[sec] N.     ]10[sec] W.
15..................................  Maui...................  Southeast of Mala Wharf through   MA 71..................  20[deg]53[min]  156[deg]41[min
                                                                to Lahaina Harbor.               MA 72..................      04[sec] N.     ]12[sec] W.
                                                                                                                          20[deg]52[min]  156[deg]40[min
                                                                                                                              26[sec] N.     ]43[sec] W.
15..................................  Maui...................  Southeast of Lahaina Harbor       MA 81..................  20[deg]52[min]  156[deg]40[min
                                                                through to Papalaua.             MA 82..................      12[sec] N.     ]39[sec] W.
                                                                                                                          20[deg]47[min]  156[deg]34[min
                                                                                                                              34[sec] N.     ]00[sec] W.
15..................................  Maui...................  East of Maalaea Harbor through    MA 91..................  20[deg]47[min]  156[deg]30[min
                                                                to Kihei boat ramp.              MA 92..................      32[sec] N.     ]34[sec] W.
                                                                                                                          20[deg]42[min]  156[deg]26[min
                                                                                                                              29[sec] N.     ]46[sec] W.
15..................................  Maui...................  South of Kihei Boat Ramp through  MA 101.................  20[deg]42[min]  156[deg]26[min
                                                                Ahihi Bay.                       MA 102.................      27[sec] N.     ]47[sec] W.
                                                                                                                          20[deg]37[min]  156[deg]26[min
                                                                                                                              39[sec] N.     ]40[sec] W.
15..................................  Maui...................  La Perouse Bay from Kalaeloa      MA 111.................  20[deg]35[min]  156[deg]25[min
                                                                Point through Pohakueaea Point.  MA 112.................      43[sec] N.     ]33[sec] W.
                                                                                                                          20[deg]34[min]  156[deg]23[min
                                                                                                                              45[sec] N.     ]29[sec] W.
15..................................  Maui...................  Molokini Crater.................  MAi 1..................  20[deg]37[min]  156[deg]29[min
                                                                                                                              51[sec] N.     ]43[sec] W.
16..................................  Hawaii.................  Waimanu through Laupahoehoenui..  HA 11..................  20[deg]08[min]  155[deg]37[min
                                                                                                 HA 12..................      35[sec] N.     ]59[sec] W.
                                                                                                                          20[deg]09[min]  155[deg]39[min
                                                                                                                              54[sec] N.     ]18[sec] W.
16..................................  Hawaii.................  Keokea Bay through Kauhola Point  HA 21..................  20[deg]13[min]  155[deg]44[min
                                                                                                 HA 22..................      39[sec] N.     ]49[sec] W.
                                                                                                                          20[deg]14[min]  155[deg]46[min
                                                                                                                              44[sec] N.     ]18[sec] W.
16..................................  Hawaii.................  Kapaa Beach County Park to        HA 31..................  20[deg]12[min]  155[deg]54[min
                                                                Mahukona Harbor.                 HA 32..................      16[sec] N.     ]06[sec] W.
                                                                                                                          20[deg]11[min]  155[deg]54[min
                                                                                                                              04[sec] N.     ]05[sec] W.

[[Page 524]]

 
16..................................  Hawaii.................  South of Mahukona Harbor........  HA 41..................  20[deg]10[min]  155[deg]54[min
                                                                                                 HA 42..................      60[sec] N.     ]03[sec] W.
                                                                                                                          20[deg]10[min]  155[deg]54[min
                                                                                                                              51[sec] N.     ]07[sec] W.
16..................................  Hawaii.................  Pauoa Bay to Makaiwa Bay area...  HA 51..................  19[deg]57[min]  155[deg]51[min
                                                                                                 HA 52..................      03[sec] N.     ]49[sec] W.
                                                                                                                          19[deg]56[min]  155[deg]52[min
                                                                                                                              38[sec] N.     ]10[sec] W.
16..................................  Hawaii.................  Anaehoomalu Bay area through      HA 61..................  19[deg]54[min]  155[deg]53[min
                                                                Keawaiki Bay area.               HA 62..................      42[sec] N.     ]26[sec] W.
                                                                                                                          19[deg]53[min]  155[deg]54[min
                                                                                                                              09[sec] N.     ]34[sec] W.
16..................................  Hawaii.................  Puu Alii Bay Area through         HA 71..................  19[deg]47[min]  156[deg]01[min
                                                                Mahaiula Bay.                    HA 72..................      37[sec] N.     ]33[sec] W.
                                                                                                                          19[deg]46[min]  156[deg]02[min
                                                                                                                              53[sec] N.     ]18[sec] W.
16..................................  Hawaii.................  Keahole Point through Kaloko-     HA 81..................  19[deg]43[min]  156[deg]03[min
                                                                Honokohau National Historic      HA 82..................      54[sec] N.     ]26[sec] W.
                                                                Park.                                                     19[deg]40[min]  156[deg]01[min
                                                                                                                              28[sec] N.     ]34[sec] W.
16..................................  Hawaii.................  South of Oneo Bay area through    HA 91..................  19[deg]38[min]  155[deg]59[min
                                                                to Holualoa Bay area.            HA 92..................      10[sec] N.     ]29[sec] W.
                                                                                                                          19[deg]36[min]  155[deg]58[min
                                                                                                                              31[sec] N.     ]41[sec] W.
16..................................  Hawaii.................  Kahaluu Bay Area through Keauhou  HA 101.................  19[deg]34[min]  155[deg]57[min
                                                                Bay Area.                        HA 102.................      49[sec] N.     ]59[sec] W.
                                                                                                                          19[deg]33[min]  155[deg]57[min
                                                                                                                              43[sec] N.     ]43[sec] W.
16..................................  Hawaii.................  Kealakekua Bay Area.............  HA 111.................  19[deg]28[min]  155[deg]55[min
                                                                                                 HA 112.................      38[sec] N.     ]13[sec] W.
                                                                                                                          19[deg]28[min]  155[deg]55[min
                                                                                                                              25[sec] N.     ]10[sec] W.
16..................................  Hawaii.................  Honaunau Bay Area...............  HA 121.................  19[deg]25[min]  155[deg]55[min
                                                                                                 HA 122.................      35[sec] N.     ]02[sec] W.
                                                                                                                          19[deg]25[min]  155[deg]54[min
                                                                                                                              01[sec] N.     ]42[sec] W.
16..................................  Hawaii.................  Milolii Bay Area through          HA 131.................  19[deg]11[min]  155[deg]54[min
                                                                Honomalino Bay Area.             HA 132.................      07[sec] N.     ]29[sec] W.
                                                                                                                          19[deg]10[min]  155[deg]54[min
                                                                                                                              04[sec] N.     ]35[sec] W.
16..................................  Hawaii.................  Ka Lae National Historic          HA 141.................  18[deg]54[min]  155[deg]40[min
                                                                Landmark District through        HA 142.................      54[sec] N.     ]59[sec] W.
                                                                Mahana Bay.                                               18[deg]55[min]  155[deg]40[min
                                                                                                                              00[sec] N.     ]09[sec] W.
16..................................  Hawaii.................  Papakolea Green Sand Beach Area.  HA 151.................  18[deg]56[min]  155[deg]38[min
                                                                                                 HA 152.................      10[sec] N.     ]47[sec] W.
                                                                                                                          18[deg]56[min]  155[deg]38[min
                                                                                                                              11[sec] N.     ]45[sec] W.
16..................................  Hawaii.................  Kaalualu Bay Area...............  HA 161.................  18[deg]58[min]  155[deg]37[min
                                                                                                 HA 162.................      14[sec] N.     ]01[sec] W.
                                                                                                                          18[deg]58[min]  155[deg]36[min
                                                                                                                              18[sec] N.     ]49[sec] W.
16..................................  Hawaii.................  Whittington Beach Area through    HA 171.................  19[deg]05[min]  155[deg]33[min
                                                                Punaluu Beach Area.              HA 172.................      04[sec] N.     ]03[sec] W.
                                                                                                                          19[deg]08[min]  155[deg]30[min
                                                                                                                              06[sec] N.     ]09[sec] W.
16..................................  Hawaii.................  Halape Area through Keauhou       HA 181.................  19[deg]16[min]  155[deg]15[min
                                                                Point Area.                      HA 182.................      14[sec] N.     ]20[sec] W.
                                                                                                                          19[deg]15[min]  155[deg]13[min
                                                                                                                              45[sec] N.     ]59[sec] W.
16..................................  Hawaii.................  Kapoho Bay Area.................  HA 191.................  19[deg]29[min]  154[deg]49[min
                                                                                                 HA 192.................      38[sec] N.     ]01[sec] W.
                                                                                                                           19[deg]30[min  154[deg]48[min
                                                                                                                             ]10[sec] N.     ]46[sec] W.
16..................................  Hawaii.................  Lehia Beach Park through to Hilo  HA 201.................  19[deg]44[min]  155[deg]00[min
                                                                Harbor.                          HA 202.................      07[sec] N.     ]38[sec] W.
                                                                                                                          19[deg]43[min]  155[deg]03[min
                                                                                                                              56[sec] N.     ]02[sec] W.
16..................................  Hawaii.................  Papaikou Area...................  HA 211.................  19[deg]46[min]  155[deg]05[min
                                                                                                 HA 212.................      39[sec] N.     ]18[sec] W.
                                                                                                                          19[deg]46[min]  155[deg]05[min
                                                                                                                              43[sec] N.     ]18[sec] W.
16..................................  Hawaii.................  Onomea Bay Area.................  HA 221.................  19[deg]48[min]  155[deg]05[min
                                                                                                 HA 222.................      33[sec] N.     ]34[sec] W.
                                                                                                                          19[deg]48[min]  155[deg]05[min
                                                                                                                              37[sec] N.     ]22[sec] W.
16..................................  Hawaii.................  Hakalau Area....................  HA 231.................  19[deg]54[min]  155[deg]07[min
                                                                                                 HA 232.................      02[sec] N.     ]32[sec] W.
                                                                                                                          19[deg]54[min]  155[deg]07[min
                                                                                                                              05[sec] N.     ]43[sec] W.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (i) Kaula Island,
    (ii) Niihau,
    (iii) Kauai,
    (iv) Oahu,
    (v) Maui Nui (including Kahoolawe, Lanai, Maui, and Molokai), and
    (vi) Hawaii.
    (b) Essential features. The essential features for the conservation 
of the Hawaiian monk seal are the following:
    (1) Terrestrial areas and adjacent shallow, sheltered aquatic areas 
with characteristics preferred by monk seals for pupping and nursing. 
Preferred areas that serve an essential service or function for Hawaiian 
monk seal conservation are defined as those areas where two or more 
females have given birth or where a single female chooses to return to 
the same site more than one year. Preferred pupping areas generally 
include sandy, protected beaches located adjacent to shallow sheltered 
aquatic areas, where the mother and pup may nurse, rest, swim, 
thermoregulate, and shelter from extreme weather. Additionally, this 
habitat area provides relatively protected space for the newly weaned 
pup to acclimate to life on its own. The newly weaned pup uses these 
areas for swimming, exploring, socializing, thermoregulatory cooling and 
the first attempts at foraging. Characteristics of terrestrial pupping 
habitat may include various substrates such as sand, shallow tide pools, 
coral rubble, or rocky substrates, as long as these substrates provide 
accessibility to seals for hauling out. Some preferred sites may also 
incorporate areas with low lying vegetation used by the pair for shade 
or cover, or relatively low levels of anthropogenic disturbance. 
Characteristics of the adjoined sheltered aquatic sites may include 
reefs, tide

[[Page 525]]

pools, gently sloping beaches, and shelves or coves that provide refuge 
from storm surges and predators.
    (2) Marine areas from 0 to 200 m in depth that support adequate prey 
quality and quantity for juvenile and adult monk seal foraging. Inshore, 
benthic and offshore teleosts, cephalopods, and crustaceans are commonly 
described as monk seal prey items. Habitat types that are regularly used 
for foraging include the sand terraces, talus slopes, submerged reefs 
and banks, nearby seamounts, barrier reefs, and slopes of reefs and 
islands. Monk seals focus foraging in bottom habitats on bottom-
associated prey species, with most foraging occurring in waters between 
0 to 200 m in depth. Habitat conditions, such as water quality, 
substrate composition and available habitat, should support growth and 
recruitment of bottom-associated prey species to the extent that monk 
seal populations are able to successfully forage.
    (3) Significant areas used by monk seals for hauling out, resting or 
molting. Significant haul-out areas are defined by the frequency with 
which local populations of seals use a stretch of coastline or 
particular beach. Significant haul-out areas are defined as natural 
coastlines that are accessible to Hawaiian monk seals and are frequented 
by Hawaiian monk seals at least 10 percent as often as the highest used 
haul out site(s) on individual islands, or islets. Significant haul-out 
areas are essential to Hawaiian monk seal conservation because these 
areas provide space that supports natural behaviors important to health 
and development, such as resting, molting, and social interactions. 
Hawaiian monk seals use terrestrial habitat to haul out for resting, and 
molting. Certain areas of coastline are more often favored by Hawaiian 
monk seals for hauling out. These favored areas may be located near 
preferred foraging areas, allow for relatively undisturbed periods of 
rest, or allow small numbers of Hawaiian monk seals to socially interact 
as young seals and reproductive adults. These haul-out sites are 
generally characterized by sandy beaches, sand spits, or low shelving 
reef rocks accessible to seals.
    (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 (a) of this section:
    (1) Pursuant to ESA section 3(5)(A)(i), all cliffs and manmade 
structures, such as docks, seawalls, piers, fishponds, roads, pipelines, 
boat ramps, platforms, buildings, ramparts and pilings existing within 
the legal boundaries on September 21, 2015.
    (2) Pursuant to ESA section 4(a)(3)(B) all areas subject to the 
Marine Corps Base Hawaii, the Joint Base Pearl Harbor-Hickam, and the 
Pacific Missile Range Facility Integrated Natural Resource Management 
Plans.
    (3) Pursuant to ESA section 4(b)(2) the following areas have been 
excluded from the designation: The Kingfisher Underwater Training area 
in marine areas off the northeast coast of Niihau; the Pacific Missile 
Range Facility Offshore Areas in marine areas off the western coast of 
Kauai; the Puuloa Underwater Training Range in marine areas outside 
Pearl Harbor, Oahu; and the Shallow Water Minefield Sonar Training Range 
off the western coast of Kahoolawe in the Maui Nui area.
    (d) Maps of Hawaiian monk seal critical habitat. The following are 
the overview maps of Hawaiian monk seal critical habitat:

[[Page 526]]

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[80 FR 50974, Aug. 21, 2015]

[[Page 537]]



Sec.  226.202  Critical habitat for Steller 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 North Atlantic right whales 
(Eubalaena glacialis).

    Critical habitat is designated for North Atlantic right whales 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 (c) of this section are for illustrative purposes only.
    (a) Physical and biological features essential to the conservation 
of endangered North Atlantic right whales.
    (1) Unit 1. The physical and biological features essential to the 
conservation of the North Atlantic right whale, which provide foraging 
area functions in Unit 1 are: The physical oceanographic conditions and 
structures of

[[Page 538]]

the Gulf of Maine and Georges Bank region that combine to distribute and 
aggregate C. finmarchicus for right whale foraging, namely prevailing 
currents and circulation patterns, bathymetric features (basins, banks, 
and channels), oceanic fronts, density gradients, and temperature 
regimes; low flow velocities in Jordan, Wilkinson, and Georges Basins 
that allow diapausing C. finmarchicus to aggregate passively below the 
convective layer so that the copepods are retained in the basins; late 
stage C. finmarchicus in dense aggregations in the Gulf of Maine and 
Georges Bank region; and diapausing C. finmarchicus in aggregations in 
the Gulf of Maine and Georges Bank region.
    (2) Unit 2. The physical features essential to the conservation of 
the North Atlantic right whale, which provide calving area functions in 
Unit 2, are:
    (i) Sea surface conditions associated with Force 4 or less on the 
Beaufort Scale,
    (ii) Sea surface temperatures of 7 [deg]C to 17 [deg]C, and
    (iii) Water depths of 6 to 28 meters, where these features 
simultaneously co-occur over contiguous areas of at least 231 nmi\2\ of 
ocean waters during the months of November through April. When these 
features are available, they are selected by right whale cows and calves 
in dynamic combinations that are suitable for calving, nursing, and 
rearing, and which vary, within the ranges specified, depending on 
factors such as weather and age of the calves.
    (b) Critical habitat boundaries. Critical habitat includes two areas 
(Units) located in the Gulf of Maine and Georges Bank Region (Unit 1) 
and off the coast of North Carolina, South Carolina, Georgia and Florida 
(Unit 2).
    (1) Unit 1. The specific area on which are found the physical and 
biological features essential to the conservation of the North Atlantic 
right whale include all waters, seaward of the boundary delineated by 
the line connecting the geographic coordinates and landmarks identified 
herein:
    (i) The southern tip of Nauset Beach (Cape Cod) (41[deg]38.39[min] 
N./69[deg]57.32[min] W.).
    (ii) From this point, southwesterly to 41[deg]37.19[min] N./
69[deg]59.11[min] W.
    (iii) From this point, southward along the eastern shore of South 
Monomoy Island to 41[deg]32.76[min] N./69[deg]59.73[min] W.
    (iv) From this point, southeasterly to 40[deg]50[min] N./
69[deg]12[min] W.
    (v) From this point, east to 40[deg]50[min] N. 68[deg]50[min] W.
    (vi) From this point, northeasterly to 42[deg]00[min] N. 
67[deg]55[min] W.
    (vii) From this point, east to 42[deg]00[min] N. 67[deg]30[min] W.
    (viii) From this point, northeast to the intersection of the U.S.-
Canada maritime boundary and 42[deg]10[min] N.
    (ix) From this point, following the U.S.-Canada maritime boundary 
north to the intersection of 44[deg]49.727[min] N./66[deg]57.952[min] 
W.; From this point, moving southwest along the coast of Maine, the 
specific area is located seaward of the line connecting the following 
points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44[deg]49.727[min] N......................  66[deg]57.952[min] W.
44[deg]49.67[min] N.......................  66[deg]57.77[min] W.
44[deg]48.64[min] N.......................  66[deg]56.43[min] W.
44[deg]47.36[min] N.......................  66[deg]59.25[min] W.
44[deg]45.51[min] N.......................  67[deg]2.87[min] W.
44[deg]37.7[min] N........................  67[deg]9.75[min] W.
44[deg]27.77[min] N.......................  67[deg]32.86[min] W.
44[deg]25.74[min] N.......................  67[deg]38.39[min] W.
44[deg]21.66[min] N.......................  67[deg]51.78[min] W.
44[deg]19.08[min] N.......................  68[deg]2.05[min] W.
44[deg]13.55[min] N.......................  68[deg]10.71[min] W.
44[deg]8.36[min] N........................  68[deg]14.75[min] W.
43[deg]59.36[min] N.......................  68[deg]37.95[min] W.
43[deg]59.83[min] N.......................  68[deg]50.06[min] W.
43[deg]56.72[min] N.......................  69[deg]4.89[min] W.
43[deg]50.28[min] N.......................  69[deg]18.86[min] W.
43[deg]48.96[min] N.......................  69[deg]31.15[min] W.
43[deg]43.64[min] N.......................  69[deg]37.58[min] W.
43[deg]41.44[min] N.......................  69[deg]45.27[min] W.
43[deg]36.04[min] N.......................  70[deg]3.98[min] W.
43[deg]31.94[min] N.......................  70[deg]8.68[min] W.
43[deg]27.63[min] N.......................  70[deg]17.48[min] W.
43[deg]20.23[min] N.......................  70[deg]23.64[min] W.
43[deg]4.06[min] N........................  70[deg]36.70[min] W.
43[deg]2.93[min] N........................  70[deg]41.47[min] W.
------------------------------------------------------------------------

    (x) From this point (43[deg]2.93[min] N/70[deg]41.47[min] W.) on the 
coast of New Hampshire south of Portsmouth, the boundary of the specific 
area follows the coastline southward along the coasts of New Hampshire 
and Massachusetts along Cape Cod to Provincetown southward along the 
eastern edge of Cape Cod to the southern tip of Nauset Beach (Cape Cod) 
(41[deg]38.39[min] N./69[deg]57.32[min] W.) with the exception of the 
area landward of the lines drawn by connecting the following points:

[[Page 539]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
42[deg]59.986[min] N...............  70[deg]44.654[min] W..     TO   Rye Harbor.
42[deg]59.956[min] N...............  70[deg]44.737[min] W..  ......  Rye Harbor.
42[deg]53.691[min] N...............  70[deg]48.516[min] W..     TO   Hampton Harbor.
42[deg]53.516[min] N...............  70[deg]48.748[min] W..  ......  Hampton Harbor.
42[deg]49.136[min] N...............  70[deg]48.242[min] W..     TO   Newburyport Harbor.
42[deg]48.964[min] N...............  70[deg]48.282[min] W..  ......  Newburyport Harbor.
42[deg]42.145[min] N...............  70[deg]46.995[min] W..     TO   Plum Island Sound.
42[deg]41.523[min] N...............  70[deg]47.356[min] W..  ......  Plum Island Sound.
42[deg]40.266[min] N...............  70[deg]43.838[min] W..     TO   Essex Bay.
42[deg]39.778[min] N...............  70[deg]43.142[min] W..  ......  Essex Bay.
42[deg]39.645[min] N...............  70[deg]36.715[min] W..     TO   Rockport Harbor.
42[deg]39.613[min] N...............  70[deg]36.60[min] W...  ......  Rockport Harbor.
42[deg]20.665[min] N...............  70[deg]57.205[min] W..     TO   Boston Harbor.
42[deg]20.009[min] N...............  70[deg]55.803[min] W..  ......  Boston Harbor.
42[deg]19.548[min] N...............  70[deg]55.436[min] W..     TO   Boston Harbor.
42[deg]18.599[min] N...............  70[deg]52.961[min] W..  ......  Boston Harbor.
42[deg]15.203[min] N...............  70[deg]46.324[min] W..     TO   Cohasset Harbor.
42[deg]15.214[min] N...............  70[deg]47.352[min] W..  ......  Cohasset Harbor.
42[deg]12.09[min] N................  70[deg]42.98[min] W...     TO   Scituate Harbor.
42[deg]12.211[min] N...............  70[deg]43.002 W.......  ......  Scituate Harbor.
42[deg]09.724[min] N...............  70[deg]42.378[min] W..     TO   New Inlet.
42[deg]10.085[min] N...............  70[deg]42.875[min] W..  ......  New Inlet.
42[deg]04.64[min] N................  70[deg]38.587[min] W..     TO   Green Harbor.
42[deg]04.583[min] N...............  70[deg]38.631[min] W..  ......  Green Harbor.
41[deg]59.686[min] N...............  70[deg]37.948[min] W..     TO   Duxbury Bay/Plymouth Harbor.
41[deg]58.75[min] N................  70[deg]39.052[min] W..  ......  Duxbury Bay/Plymouth Harbor.
41[deg]50.395[min] N...............  70[deg]31.943[min] W..     TO   Ellisville Harbor.
41[deg]50.369[min] N...............  70[deg]32.145[min] W..  ......  Ellisville Harbor.
41[deg]45.87[min] N................  70[deg]28.62[min] W...     TO   Sandwich Harbor.
41[deg]45.75[min] N................  70[deg]28.40[min] W...  ......  Sandwich Harbor.
41[deg]44.93[min] N................  70[deg]25.74[min] W...     TO   Scorton Harbor.
41[deg]44.90[min] N................  70[deg]25.60[min] W...  ......  Scorton Harbor.
41[deg]44.00[min] N................  70[deg]17.50[min] W...     TO   Barnstable Harbor.
41[deg]44.00[min] N................  70[deg]13.90[min] W...  ......  Barnstable Harbor.
41[deg]45.53[min] N................  70[deg]09.387[min] W..     TO   Sesuit Harbor.
41[deg]45.523[min] N...............  70[deg]09.307[min] W..  ......  Sesuit Harbor.
41[deg]45.546[min] N...............  70[deg]07.39[min] W...     TO   Quivett Creek.
41[deg]45.551[min] N...............  70[deg]07.32[min] W...  ......  Quivett Creek.
41[deg]47.269[min] N...............  70[deg]01.411[min] W..     TO   Namskaket Creek.
41[deg]47.418[min] N...............  70[deg]01.306[min] W..  ......  Namskaket Creek.
41[deg]47.961[min] N...............  70[deg]0.561[min] W...     TO   Rock Harbor Creek.
41[deg]48.07[min] N................  70[deg]0.514[min] W...  ......  Rock Harbor Creek.
41[deg]48.932[min] N...............  70[deg]0.286[min] W...     TO   Boat Meadow River.
41[deg]48.483[min] N...............  70[deg]0.216[min] W...  ......  Boat Meadow River.
41[deg]48.777[min] N...............  70[deg]0.317[min] W...     TO   Herring River.
41[deg]48.983[min] N...............  70[deg]0.196[min] W...  ......  Herring River.
41[deg]55.501[min] N...............  70[deg]03.51[min] W...     TO   Herring River, inside Wellfleet Harbor.
41[deg]55.322[min] N...............  70[deg]03.191[min] W..  ......  Herring River, inside Wellfleet Harbor.
41[deg]53.922[min] N...............  70[deg]01.333[min] W..     TO   Blackfish Creek/Loagy Bay.
41[deg]54.497[min] N...............  70[deg]01.182[min] W..  ......  Blackfish Creek/Loagy Bay.
41[deg]55.503[min] N...............  70[deg]02.07[min] W...     TO   Duck Creek.
41[deg]55.753[min] N...............  70[deg]02.281[min] W..  ......  Duck Creek.
41[deg]59.481[min] N...............  70[deg]04.779[min] W..     TO   Pamet River.
41[deg]59.563[min] N...............  70[deg]04.718[min] W..  ......  Pamet River.
42[deg]03.601[min] N...............  70[deg]14.269[min] W..     TO   Hatches Harbor.
42[deg]03.601[min] N...............  70[deg]14.416[min] W..  ......  Hatches Harbor.
41[deg]48.708[min] N...............  69[deg]56.319[min] W..     TO   Nauset Harbor.
41[deg]48.554[min] N...............  69[deg]56.238[min] W..  ......  Nauset Harbor.
41[deg]40.685[min] N...............  69[deg]56.781[min] W..     TO   Chatham Harbor.
41[deg]40.884[min] N...............  69[deg]56.28[min] W...  ......  Chatham Harbor.
----------------------------------------------------------------------------------------------------------------

    (xi) In addition, the specific area does not include waters landward 
of the 72 COLREGS lines (33 CFR part 80) described below.
    (A) Portland Head, ME to Cape Ann, MA.
    (1) A line drawn from the northernmost extremity of Farm Point to 
Annisquam Harbor Light.
    (2) [Reserved]
    (B) Cape Ann MA to Marblehead Neck, MA.
    (1) A line drawn from Gloucester Harbor Breakwater Light to the twin 
towers charted at latitude 42[deg]35.1[min] N. longitude 
70[deg]41.6[min] W.
    (2) A line drawn from the westernmost extremity of Gales Point to 
the

[[Page 540]]

easternmost extremity of House Island; thence to Bakers Island Light; 
thence to Marblehead Light.
    (C) Hull, MA to Race Point, MA.
    (1) A line drawn from Canal Breakwater Light 4 south to the 
shoreline.
    (2) [Reserved]
    (2) Unit 2. Unit 2 includes marine waters from Cape Fear, North 
Carolina, southward to 28[deg] N . latitude (approximately 31 miles 
south of Cape Canaveral, Florida) within the area bounded on the west by 
the shoreline and the 72 COLREGS lines, and on the east by rhumb lines 
connecting the following points in the order stated from north to south.

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
33[deg]51[min] N..........................  at shoreline.
33[deg]42[min] N..........................  77[deg]43[min] W.
33[deg]37[min] N..........................  77[deg]47[min] W.
33[deg]28[min] N..........................  78[deg]33[min] W.
32[deg]59[min] N..........................  78[deg]50[min] W.
32[deg]17[min] N..........................  79[deg]53[min] W.
31[deg]31[min] N..........................  80[deg]33[min] W.
30[deg]43[min] N..........................  80[deg]49[min] W.
30[deg]30[min] N..........................  81[deg]01[min] W.
29[deg]45[min] N..........................  81[deg]01[min] W.
29[deg]15[min] N..........................  80[deg]55[min] W.
29[deg]08[min] N..........................  80[deg]51[min] W.
28[deg]50[min] N..........................  80[deg]39[min] W.
28[deg]38[min] N..........................  80[deg]30[min] W.
28[deg]28[min] N..........................  80[deg]26[min] W.
28[deg]24[min] N..........................  80[deg]27[min] W.
28[deg]21[min] N..........................  80[deg]31[min] W.
28[deg]16[min] N..........................  80[deg]31[min] W.
28[deg]11[min] N..........................  80[deg]33[min] W.
28[deg]00[min]............................  80[deg]29[min] W.
28[deg]00[min] N..........................  At shoreline.
------------------------------------------------------------------------

    (c) Overview maps of the designated critical habitat for the North 
Atlantic right whale follow.

[[Page 541]]

[GRAPHIC] [TIFF OMITTED] TR27JA16.003


[[Page 542]]


[GRAPHIC] [TIFF OMITTED] TR27JA16.004


[[Page 543]]



[81 FR 4871, Jan. 27, 2016]



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,

[[Page 544]]

Wahkiakum, Walla, Whitman; and the following counties in Idaho: Blaine, 
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 maps, clarified by the textual 
descriptions in this section, are the definitive source for determining 
the critical habitat boundaries.
    (a) Critical habitat boundaries. Critical habitat is designated to 
include all areas in paragraphs (a)(1) and (2) of this section.
    (1) Inland waters of Washington State. Critical habitat includes 
three specific marine areas of Puget Sound, Washington, within the 
following counties:

[[Page 545]]

Clallam, Jefferson, King, Kitsap, Island, Mason, Pierce, San Juan, 
Skagit, Snohomish, Thurston, and Whatcom. Critical habitat includes all 
waters relative to a contiguous shoreline delimited by the line at a 
depth of 20 ft (6.1 m) relative to extreme high water in each of the 
following areas:
    (i) 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).
    (ii) 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.
    (iii) 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.
    (2) Coastal marine waters along the U.S. West Coast. Critical 
habitat includes six specific marine areas along the coasts of 
Washington, Oregon, and California. Critical habitat includes all waters 
relative to a contiguous shoreline delimited by the line at a depth of 
20 ft (6.1 m) relative to mean high water in each of the following 
areas:
    (i) Coastal Washington/Northern Oregon Inshore Area. U.S. marine 
waters west 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[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), from the U.S. international border with Canada south to Cape Meares, 
Oregon (45[deg]29[min]12[sec] N), between the 6.1-m and 50-m isobath 
contours. This includes waters off Clallam, Jefferson, Grays Harbor, and 
Pacific counties in Washington and Clatsop and Tillamook counties in 
Oregon.
    (ii) Coastal Washington/Northern Oregon Offshore Area. U.S. marine 
waters west 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) south to Cape Meares, Oregon 
(45[deg]29[min]12[sec] N), between the 50-m and 200-m isobath contours. 
This includes waters off Clallam, Jefferson, Grays Harbor, and Pacific 
counties in Washington and Clatsop and Tillamook counties in Oregon.
    (iii) Central/Southern Oregon Coast Area. U.S. marine waters from 
Cape Meares, Oregon (45[deg]29[min]12[sec] N) south to the border 
between Oregon and California (42[deg]00[min]00[sec] N), between the 
6.1-m and 200-m isobath contours. This includes waters off Tillamook, 
Lincoln, Lane, Douglas, Coos, and Curry counties in Oregon.
    (iv) Northern California Coast Area. U.S. marine waters from the 
border between Oregon and California (42[deg]00[min]00[sec] N) south to 
Cape Mendocino, California (40[deg]26[min]19[sec] N), between the 6.1-m 
and 200-m isobath contours. This includes waters off Del Norte and 
Humboldt counties in California.
    (v) North Central California Coast Area. U.S. marine waters from 
Cape Mendocino, California (40[deg]26[min]19[sec] N) south to Pigeon 
Point, California (37[deg]11[min]00[sec] N), between the 6.1-m and 200-m 
isobath contours. This includes waters off Humboldt, Mendocino, Sonoma, 
Marin, San Francisco, and San Mateo counties in California.

[[Page 546]]

    (vi) Monterey Bay Area. U.S. marine waters from Pigeon Point, 
California (37[deg]11[min]00[sec] N) south to Point Sur, California 
(36[deg]18[min]00[sec] N), between the 6.1-m and 200-m isobath contours. 
This includes waters off San Mateo, Santa Cruz, and Monterey counties in 
California.
    (b) Essential features. The essential features for the conservation 
of Southern Resident killer whales are the following:
    (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
    (3) Passage conditions to allow for migration, resting, and 
foraging.
    (c) Sites owned or controlled by the Department of Defense. Critical 
habitat does not include the following particular 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 where they overlap 
with the areas described in paragraph (a) of this section:
    (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;
    (18) Crescent Harbor Explosive Ordnance Units Training Area; and
    (19) Quinault Range (including the surf zone at Pacific Beach) and a 
10-km buffer around most of the Quinault Range, not including the 
portion of this buffer that extends beyond 10 km into the Olympic Coast 
National Marine Sanctuary (OCNMS).
    (d) Maps of Southern Resident killer whale critical habitat.

[[Page 547]]

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[[Page 548]]


[GRAPHIC] [TIFF OMITTED] TR02AU21.001


[[Page 549]]



[86 FR 41695, Aug. 2, 2021]



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 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.

[[Page 550]]

[GRAPHIC] [TIFF OMITTED] TR26JA12.016


[77 FR 4200, Jan. 26, 2012]



Sec.  226.208  Critical habitat for green turtle.

    (a) Culebra Island, Puerto Rico--Waters surrounding the island of

[[Page 551]]

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 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

[[Page 552]]

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;
    (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.

[[Page 553]]

    (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, 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).

[[Page 554]]

    (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); Fish Creek 
(40.0565, -123.7768); Foster Creek (39.8455, -123.6185); Grapewine Creek 
(39.7991,

[[Page 555]]

-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

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endpoint(s) in: Mill Creek (39.8456, -123.2822); Murphy Creek (39.8804, 
-123.1636); Poor Mans Creek (39.8179, -123.1833); Short Creek (39.8645, 
-123.2242); Turner Creek (39.7238, -123.2191); Williams Creek (39.8596, 
-123.1341).
    (6) Cape Mendocino Hydrologic Unit 1112--(i) Capetown Hydrologic 
Sub-area 111220. Outlet(s) = Bear River (Lat 40.4744, Long -124.3881) 
upstream to endpoint(s) in: Bear River (40.3591, -124.0536); South Fork 
Bear River (40.4271, -124.2873).
    (ii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Mattole 
River (Lat 40.2942, Long -124.3536) upstream to endpoint(s) in: Bear 
Creek (40.1262, -124.0631); Blue Slide Creek (40.1286, -123.9579); 
Bridge Creek (40.0503, -123.9885); Conklin Creek (40.3169, -124.229); 
Dry Creek (40.2389, -124.0621); East Fork Honeydew Creek (40.1633, -
124.0916); East Fork of the North Fork Mattole River (40.3489, -
124.2244); Eubanks Creek (40.0893, -123.9743); Gilham Creek (40.2162, -
124.0309); Grindstone Creek (40.1875, -124.0041); Honeydew Creek 
(40.1942, -124.1363); Mattole Canyon (40.1833, -123.9666); Mattole River 
(39.9735, -123.9548); McGinnis Creek (40.3013, -124.2146); McKee Creek 
(40.0674, -123.9608); Mill Creek (40.0169, -123.9656); North Fork 
Mattole River (40.3729, -124.2461); North Fork Bear Creek (40.1422, -
124.0945); Oil Creek (40.3008, -124.1253); Rattlesnake Creek (40.2919, -
124.1051); South Fork Bear Creek (40.0334, -124.0232); Squaw Creek 
(40.219, -124.1921); Thompson Creek (39.9969, -123.9638); Unnamed 
(40.1522, -124.0989); Upper North Fork Mattole River (40.2907, -
124.1115); Westlund Creek (40.2333, -124.0336); Woods creek (40.2235, -
124.1574); Yew Creek (40.0019, -123.9743).
    (7) Mendocino Coast Hydrologic Unit 1113--(i) Wages Creek Hydrologic 
Sub-area 111312. Outlet(s) = Wages Creek (Lat 39.6513, Long -123.7851) 
upstream to endpoint(s) in: Wages Creek (39.6393, -123.7146).
    (ii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = Ten Mile 
River (Lat 39.5529, Long -123.7658) upstream to endpoint(s) in: Middle 
Fork Ten Mile River (39.5397, -123.5523); Little North Fork Ten Mile 
River (39.6188, -123.7258); Ten Mile River (39.5721, -123.7098); South 
Fork Ten Mile River (39.4927, -123.6067); North Fork Ten Mile River 
(39.5804, -123.5735).
    (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).

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    (9) Maps of critical habitat for the California Coast chinook salmon 
ESU follow:
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[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 565]]

-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);

[[Page 566]]

Unnamed Tributary (41.0356, -123.9958); Unnamed Tributary (41.0407, -
124.0598); Unnamed Tributary (41.0068, -123.9830); 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,

[[Page 567]]

-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 
(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

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(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).
    (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

[[Page 569]]

(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, -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,

[[Page 570]]

-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).
    (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,

[[Page 571]]

-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 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,

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-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).
    (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

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(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); 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

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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 (38.8758, -123.5692); 
Unnamed Tributary (38.8818, -123.5723); Whitlow Creek (38.9141, -
123.4624).
    (xiii) North Fork Gualala River Hydrologic Sub-area 111381. 
Outlet(s) = North Fork Gualala River (Lat 38.7784, Long -123.4992) 
upstream to endpoint(s) in: Bear Creek (38.8347, -123.3842); Billings 
Creek (38.8652, -123.3496); Doty Creek (38.8495, -123.5131); Dry Creek 
(38.8416, -123.4455); Little North Fork Gualala River (38.8295, -
123.5570); McGann Gulch (38.8026, -123.4458); North Fork Gualala River 
(38.8479, -123.4113); Robinson Creek (38.8416, -123.3725); Robinson 
Creek (38.8386, -123.4991); Stewart Creek (38.8109, -123.4157); Unnamed 
Tributary (38.8487, -123.3820).
    (xiv) Rockpile Creek Hydrologic Sub-area 111382. Outlet(s) = 
Rockpile Creek (Lat 38.7507, Long -123.4706) upstream to endpoint(s) in: 
Rockpile Creek (38.7966, -123.3872).
    (xv) Buckeye Creek Hydrologic Sub-area 111383. Outlet(s) = Buckeye 
Creek (Lat 38.7403, Long -123.4580) upstream to endpoint(s) in: Buckeye 
Creek (38.7400, -123.2697); Flat Ridge Creek (38.7616, -123.2400); 
Franchini Creek (38.7500, -123.3708); North Fork Buckeye (38.7991, -
123.3166).
    (xvi) Wheatfield Fork Hydrologic Sub-area 111384. Outlet(s) = 
Wheatfield Fork Gualala River (Lat 38.7018, Long -123.4168) upstream to 
endpoint(s) in: Danfield Creek (38.6369, -123.1431); Fuller Creek 
(38.7109, -123.3256); Haupt Creek (38.6220, -123.2551); House Creek 
(38.6545, -123.1184); North Fork Fuller Creek (38.7252, -123.2968); 
Pepperwood Creek (38.6205, -123.1665); South Fork Fuller Creek (38.6973, 
-123.2860); Tombs Creek (38.6989, -123.1616); Unnamed Tributary 
(38.7175, -123.2744); Wheatfield Fork Gualala River (38.7497, -
123.2215).
    (xvii) Gualala Hydrologic Sub-area 111385. Outlet(s) = Fort Ross 
Creek (Lat 38.5119, Long -123.2436); Gualala River (38.7687, -123.5334); 
Kolmer Gulch (38.5238, -123.2646) upstream to endpoint(s) in: Big 
Pepperwood Creek (38.7951, -123.4638); Carson Creek (38.5653, -
123.1906); Fort Ross Creek (38.5174, -123.2363); Groshong Gulch 
(38.7814, -123.4904); Gualala River (38.7780, -123.4991); Kolmer Gulch 
(38.5369, -123.2247); Little Pepperwood (38.7738, -123.4427); Marshall 
Creek (38.5647, -123.2058); McKenzie Creek (38.5895, -123.1730); Palmer 
Canyon Creek (38.6002, -123.2167); South Fork Gualala River (38.5646, -
123.1689); Sproule Creek (38.6122, -123.2739); Turner Canyon (38.5294, -
123.1672); Unknown Tributary (38.5634, -123.2003).
    (xviii) Russian Gulch Hydrologic Sub-area 111390. Outlet(s) = 
Russian Gulch Creek (Lat 38.4669, Long -123.1569) upstream to 
endpoint(s) in: Russian Gulch Creek (38.4956, -123.1535); West Branch 
Russian Gulch Creek (38.4968, -123.1631).
    (8) Maps of critical habitat for the Northern California Steelhead 
ESU follow:

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    (h) Central California Coast Steelhead (O. mykiss). Critical habitat 
is designated to include the areas defined in the following CALWATER 
Hydrologic Units:
    (1) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic 
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -123.1289) 
upstream to endpoint(s) in: Atascadero Creek (38.3473, -122.8626); 
Austin Creek

[[Page 582]]

(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

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(38.7396, -122.8275); North Branch Little Sulphur Creek (38.7783, -
122.8119); Squaw Creek (38.8199, -122.7945).
    (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

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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).
    (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,

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-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 (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

[[Page 586]]

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).
    (9) Maps of critical habitat for the Central California Coast 
Steelhead ESU follow:
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    (i) South-Central California Coast Steelhead (O. mykiss). Critical 
habitat is designated to include the areas defined in the following 
CALWATER Hydrologic Units:
    (1) Pajaro River Hydrologic Unit 3305--(i) Watsonville Hydrologic 
Sub-area 330510. Outlet(s) = Pajaro River (Lat 36.8506, Long -121.8101) 
upstream to endpoint(s) in: Banks Canyon Creek (36.9958, -121.7264); 
Browns Creek

[[Page 594]]

(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

[[Page 595]]

(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 (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

[[Page 596]]

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 (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).

[[Page 597]]

    (6) Maps of critical habitat for the South-Central Coast Steelhead 
ESU follow:
[GRAPHIC] [TIFF OMITTED] TR02SE05.023


[[Page 598]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.024


[[Page 599]]


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[[Page 600]]


[GRAPHIC] [TIFF OMITTED] TR02SE05.026


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[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 602]]

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);

[[Page 603]]

Unnamed Tributary (34.5527, -120.4548); Unnamed Tributary (34.4972, -
120.3026).
    (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

[[Page 604]]

(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, -119.0698); 
Trout Creek (34.5869, -119.1360); Tule Creek (34.5614, -119.2986); 
Unnamed Tributary (34.5125, -118.9311); Unnamed Tributary (34.5537, -
119.0088); Unnamed Tributary (34.5537, -119.0048); Unnamed Tributary 
(34.5757, -119.3051); Unnamed Tributary (34.5988, -119.2736); Unnamed 
Tributary (34.5691, -119.3428); West Fork Sespe Creek (34.5106, -
119.0502).
    (vi) Santa Clara, Hopper Canyon, Piru Hydrologic Sub-area 440341. 
Outlet(s) = Santa Clara River (Lat 34.3860, Long -118.8711) upstream to 
endpoint(s) in: Hopper Creek (34.4263, -118.8309); Piru Creek (34.4613, 
-118.7537); Santa Clara River (34.3996, -118.7837).
    (6) Santa Monica Bay Hydrologic Unit 4404--(i) Topanga Hydrologic 
Sub-area 440411. Outlet(s) = Topanga Creek (Lat 34.0397, Long -118.5831) 
upstream to endpoint(s) in: Topanga Creek (34.0838, -118.5980).
    (ii) Malibu Hydrologic Sub-area 440421. Outlet(s) = Malibu Creek 
(Lat 34.0322, Long -118.6796) upstream to endpoint(s) in: Malibu Creek 
(34.0648, -118.6987).
    (iii) Arroyo Sequit Hydrologic Sub-area 440444. Outlet(s) = Arroyo 
Sequit (Lat 34.0445, Long -118.9338) upstream to endpoint(s) in: Arroyo 
Sequit (34.0839, -118.9186); West Fork Arroyo Sequit (34.0909, -
118.9235).
    (7) Calleguas Hydrologic Unit 4408--(i) Calleguas Estuary Hydrologic 
Sub-area 440813. Outlet(s) = Mugu Lagoon (Calleguas Creek) (Lat 34.1093, 
Long -119.0917) upstream to endpoint(s) in: Mugu Lagoon (Calleguas 
Creek) (Lat 34.1125, Long -119.0816).
    (ii) [Reserved]
    (8) San Juan Hydrologic Unit 4901--(i) Middle Trabuco Hydrologic 
Sub-area 490123. Outlet(s) = Trabuco Creek (Lat 33.5165, Long -117.6727) 
upstream to endpoint(s) in: Trabuco Creek (33.5264, -117.6700).
    (ii) Lower San Juan Hydrologic Sub-area 490127. Outlet(s) = San Juan 
Creek (Lat 33.4621, Long -117.6842) upstream to endpoint(s) in: San Juan 
Creek (33.4929, -117.6610); Trabuco Creek (33.5165, -117.6727).
    (iii) San Mateo Hydrologic Sub-area 490140. Outlet(s) = San Mateo 
Creek (Lat 33.3851, Long -117.5933) upstream to endpoint(s) in: San 
Mateo Creek (33.4779, -117.4386); San Mateo Canyon (33.4957, -117.4522).
    (9) Maps of critical habitat for the Southern California Steelhead 
ESU follow:

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    (k) Central Valley Spring Run Chinook Salmon (O. tshawytscha). 
Critical habitat is designated to include the areas defined in the 
following CALWATER Hydrologic Units:
    (1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic 
Sub-area 550410. Outlet(s) = Glenn-Colusa Canal (Lat 39.6762, Long -
122.0151); Stony Creek (39.7122, -122.0072) upstream to endpoint(s) in: 
Glenn-Colusa Canal

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(39.7122, -122.0072); Stony Creek (39.8178, -122.3253).
    (ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento 
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: Antelope 
Creek (40.2023, -122.1275); Big Chico Creek (39.7757, -121.7525); Blue 
Tent Creek (40.2284, -122.2551); Burch Creek (39.8526, -122.1502); 
Butler Slough (40.1579, -122.1320); Coyote Creek (40.0929, -122.1621); 
Craig Creek (40.1617, -122.1350); Deer Creek (40.0144, -121.9481); 
Dibble Creek (40.2003, -122.2420); Dye Creek (40.0904, -122.0767); Elder 
Creek (40.0526, -122.1717); Jewet Creek (39.8913, -122.1005); Kusal 
Slough (39.7577, -121.9699); Lindo Channel (39.7623, -121.7923); McClure 
Creek (40.0074, -122.1729); Mill Creek (40.0550, -122.0317); Mud Creek 
(39.7931, -121.8865); New Creek (40.1873, -122.1350); Oat Creek 
(40.0847, -122.1658); Pine Creek (39.8760, -121.9777); Red Bank Creek 
(40.1391, -122.2157); Reeds Creek (40.1687, -122.2377); Rice Creek 
(39.8495, -122.1626); Rock Creek (39.8189, -121.9124); Salt Creek 
(40.1869, -122.1845); Singer Creek (39.9200, -121.9612); Thomes Creek 
(39.8822, -122.5527); Toomes Creek (39.9808, -122.0642); Unnamed 
Tributary (39.8532, -122.1627); Unnamed Tributary (40.1682, -122.1459); 
Unnamed Tributary (40.1867, -122.1353).
    (2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520) 
upstream to endpoint(s) in: Inks Creek 40.3418, -122.1332).
    (ii) Battle Creek Hydrologic Sub-area 550712 Outlet(s) = Battle 
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Battle 
Creek (40.4228, -121.9975); North Fork Battle Creek (40.4746, -
121.8436); South Fork Battle Creek (40.3549, -121.6861).
    (iii) Inwood Hydrologic Sub-area 550722. Outlet(s) = Bear Creek (Lat 
40.4352, Long -122.2039) upstream to endpoint(s) in: Bear Creek 
(40.4859, -122.1529); Dry Creek (40.4574, -122.1993).
    (3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic 
Sub-area 550810. Outlet(s)= Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Anderson Creek (40.3910, -
122.1984); Ash Creek (40.4451, -122.1815); Battle Creek (40.4083, -
122.1102); Churn Creek (40.5431, -122.3395); Clear Creek (40.5158, -
122.5256); Cow Creek (40.5438, -122.1318); Olney Creek (40.5262, -
122.3783); Paynes Creek (40.2810, -122.1587); Stillwater Creek (40.4789, 
-122.2597).
    (ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = 
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s) 
in: Cottonwood Creek (40.3943, -122.5254); Middle Fork Cottonwood Creek 
(40.3314, -122.6663); South Fork Cottonwood Creek (40.1578, -122.5809).
    (4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek 
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757, 
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8873, -
121.6979).
    (ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek 
(Lat 40.0144, Long -121.9481) upstream to endpoint(s) in: Deer Creek 
(40.2019, -121.5130).
    (iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill 
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill 
Creek (40.3997, -121.5131).
    (iv) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope 
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in: Antelope 
Creek (40.2416, -121.8630); North Fork Antelope Creek (40.2691, -
121.8226); South Fork Antelope Creek (40.2309, -121.8325).
    (5) Sacramento Delta Hydrologic Unit 5510--(i) Sacramento Delta 
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0612, 
Long -121.7948) upstream to endpoint(s) in: Cache Slough (38.3086, -
121.7633); Delta Cross Channel (38.2433, -121.4964); Elk Slough 
(38.4140, -121.5212); Elkhorn Slough (38.2898, -121.6271); Georgiana 
Slough (38.2401, -121.5172); Miners Slough (38.2864, -121.6051); 
Prospect Slough (38.1477, -121.6641); Sevenmile Slough (38.1171, -
121.6298); Steamboat Slough (38.3052, -121.5737); Sutter Slough 
(38.3321, -121.5838); Threemile

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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 Bypass (38.6057, -
121.5563); Yolo Bypass (38.7627, -121.6325).
    (ii) [Reserved]
    (7) Marysville Hydrologic Unit 5515--(i) Lower Yuba River Hydrologic 
Sub-area 551510. Outlet(s) = Bear River (Lat 38.9398, Long -121.5790) 
upstream to endpoint(s) in: Bear River (38.9783, -121.5166).
    (ii) Lower Yuba River Hydrologic Sub-area 551530. Outlet(s) = Yuba 
River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: Yuba 
River (39.2203, -121.3314).
    (iii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) = 
Feather River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: 
Feather River (39.5203, -121.5475).
    (8) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic 
Sub-Area 551712. Outlet(s) = Dry Creek (Lat 39.2207, Long -121.4088); 
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek 
(39.3201, -121.3117); Yuba River (39.2305, -121.2813).
    (ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River 
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River 
(39.2388, -121.2698).
    (9) Valley-American Hydrologic Unit 5519--(i) Lower American 
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971, 
Long -121.5088) upstream to endpoint(s) in: American River (38.5669, -
121.3827).
    (ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) = 
Sacramento River (Lat 38.5965, Long -121.5086) upstream to endpoint(s) 
in: Feather River (39.1270, -121.5981).
    (10) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter 
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604, 
Long -121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
121.7456).
    (ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) = 
Sacramento River (Lat 38.7849, Long -121.6219) upstream to endpoint(s) 
in: Butte Creek (39.1987, -121.9285); Butte Slough (39.1987, -121.9285); 
Nelson Slough (38.8901, -121.6352); Sacramento Slough (38.7843, -
121.6544); Sutter Bypass (39.1417, -121.8196; 39.1484, -121.8386); 
Tisdale Bypass (39.0261, -121.7456); Unnamed Tributary (39.1586, -
121.8747).
    (iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte 
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte creek (39.7095, -121.7506); 
Colusa Bypass (39.2276, -121.9402); Unnamed Tributary (39.6762, -
122.0151).
    (11) Butte Creek Hydrologic Unit 5521--Upper Little Chico Hydrologic 
Sub-area 552130. Outlet(s) = Butte Creek (Lat 39.7096, -121.7504) 
upstream to endpoint(s) in Butte Creek (39.8665, -121.6344).
    (12) Shasta Bally Hydrologic Unit 5524--(i) Platina Hydrologic Sub-
area 552436. Outlet(s) = Middle Fork Cottonwood Creek (Lat 40.3314, -
122.6663) upstream to endpoint(s) in Beegum Creek (40.3066, -122.9205); 
Middle Fork Cottonwood Creek (40.3655, -122.7451).
    (ii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) = Sacramento 
River (Lat 40.5943, Long -122.4343) upstream to endpoint(s) in: 
Sacramento River (40.6116, -122.4462)
    (iii) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear 
Creek (Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear 
Creek (40.5992, -122.5394).
    (13) Maps of critical habitat for the Central Valley Spring Run 
Chinook ESU follow:

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    (l) Central Valley steelhead (O. mykiss). Critical habitat is 
designated to include the areas defined in the following CALWATER 
Hydrologic Units:
    (1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic 
Sub-area 550410. Outlet(s) = Stony Creek (Lat 39.6760, Long -121.9732) 
upstream to

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endpoint(s) in: Stony Creek (39.8199, -122.3391).
    (ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento 
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: Antelope 
Creek (40.2023, -122.1272); Big Chico Creek (39.7757, -121.7525); Blue 
Tent Creek (40.2166, -122.2362); Burch Creek (39.8495, -122.1615); 
Butler Slough (40.1579, -122.1320); Craig Creek (40.1617, -122.1350); 
Deer Creek (40.0144, -121.9481); Dibble Creek (40.2002, -122.2421); Dye 
Creek (40.0910, -122.0719); Elder Creek (40.0438, -122.2133); Lindo 
Channel (39.7623, -121.7923); McClure Creek (40.0074, -122.1723); Mill 
Creek (40.0550, -122.0317); Mud Creek (39.7985, -121.8803); New Creek 
(40.1873, -122.1350); Oat Creek (40.0769, -122.2168); Red Bank Creek 
(40.1421, -122.2399); Rice Creek (39.8495, -122.1615); Rock Creek 
(39.8034, -121.9403); Salt Creek (40.1572, -122.1646); Thomes Creek 
(39.8822, -122.5527); Unnamed Tributary (40.1867, -122.1353); Unnamed 
Tributary (40.1682, -122.1459); Unnamed Tributary (40.1143, -122.1259); 
Unnamed Tributary (40.0151, -122.1148); Unnamed Tributary (40.0403, -
122.1009); Unnamed Tributary (40.0514, -122.0851); Unnamed Tributary 
(40.0530, -122.0769).
    (2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520) 
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
    (ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle 
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Baldwin 
Creek (40.4369, -121.9885); Battle Creek (40.4228, -121.9975); Brush 
Creek (40.4913, -121.8664); Millseat Creek (40.4808, -121.8526); Morgan 
Creek (40.3654, -121.9132); North Fork Battle Creek (40.4877, -
121.8185); Panther Creek (40.3897, -121.6106); South Ditch (40.3997, -
121.9223); Ripley Creek (40.4099, -121.8683); Soap Creek (40.3904, -
121.7569); South Fork Battle Creek (40.3531, -121.6682); Unnamed 
Tributary (40.3567, -121.8293); Unnamed Tributary (40.4592, -121.8671).
    (iii) Ash Creek Hydrologic Sub-area 550721. Outlet(s) = Ash Creek 
(Lat 40.4401, Long -122.1375) upstream to endpoint(s) in: Ash Creek 
(40.4628, -122.0066).
    (iv) Inwood Hydrologic Sub-area 550722. Outlet(s) = Ash Creek (Lat 
40.4628, Long -122.0066); Bear Creek (40.4352, -122.2039) upstream to 
endpoint(s) in: Ash Creek (40.4859, -121.8993); Bear Creek (40.5368, -
121.9560); North Fork Bear Creek (40.5736, -121.8683).
    (v) South Cow Creek Hydrologic Sub-area 550731. Outlet(s) = South 
Cow Creek (Lat 40.5438, Long -122.1318) upstream to endpoint(s) in: 
South Cow Creek (40.6023, -121.8623).
    (vi) Old Cow Creek Hydrologic Sub-area 550732. Outlet(s) = Clover 
Creek (Lat 40.5788, Long -122.1252); Old Cow Creek (40.5442, -122.1317) 
upstream to endpoint(s) in: Clover Creek (40.6305, -122.0304); Old Cow 
Creek (40.6295, -122.9619).
    (vii) Little Cow Creek Hydrologic Sub-area 550733. Outlet(s) = 
Little Cow Creek (Lat 40.6148, -122.2271); Oak Run Creek (40.6171, -
122.1225) upstream to endpoint(s) in: Little Cow Creek (40.7114, -
122.0850); Oak Run Creek (40.6379, -122.0856).
    (3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic 
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Ash Creek (40.4401, -122.1375); 
Battle Creek (40.4083, -122.1102); Bear Creek (40.4360, -122.2036); 
Calaboose Creek (40.5742, -122.4142); Canyon Creek (40.5532, -122.3814); 
Churn Creek (40.5986, -122.3418); Clear Creek (40.5158, -122.5256); 
Clover Creek (40.5788, -122.1252); Cottonwood Creek (40.3777, -
122.1991); Cow Creek (40.5437, -122.1318); East Fork Stillwater Creek 
(40.6495, -122.2934); Inks Creek (40.3305, -122.1520); Jenny Creek 
(40.5734, -122.4338); Little Cow Creek (40.6148, -122.2271); Oak Run 
(40.6171, -122.1225); Old Cow Creek (40.5442, -122.1317); Olney Creek 
(40.5439, -122.4687); Oregon Gulch (40.5463, -122.3866); Paynes Creek 
(40.3024, -122.1012); Stillwater Creek (40.6495, -122.2934); Sulphur 
Creek (40.6164, -122.4077).
    (ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = 
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s) 
in: Cold Fork Cottonwood Creek (40.2060, -122.6608);

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Cottonwood Creek (40.3943, -122.5254); Middle Fork Cottonwood Creek 
(40.3314, -122.6663); North Fork Cottonwood 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

[[Page 629]]

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).
    (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).

[[Page 630]]

    (ii) Turlock Hydrologic Sub-area 553550. Outlet(s) = Tuolumne River 
(Lat 37.6059, Long -1121.1739) upstream to endpoint(s) in: Tuolumne 
River (37.6401, -1120.6526).
    (iii) Montpelier Hydrologic Sub-area 553560. Outlet(s) = Tuolumne 
River (Lat 37.6401, Long -1120.6526) upstream to endpoint(s) in: 
Tuolumne River (37.6721, -1120.4445).
    (iv) El Nido-Stevinson Hydrologic Sub-area 553570. Outlet(s) = 
Merced River (Lat 37.3505, Long -1120.9619) upstream to endpoint(s) in: 
Merced River (37.3620, -1120.8507).
    (v) Merced Hydrologic Sub-area 553580. Outlet(s) = Merced River (Lat 
37.3620, Long -1120.8507) upstream to endpoint(s) in: Merced River 
(37.4982, -1120.4612).
    (vi) Fahr Creek Hydrologic Sub-area 553590. Outlet(s) = Merced River 
(Lat 37.4982, Long -1120.4612) upstream to endpoint(s) in: Merced River 
(37.5081, -1120.3581).
    (19) Delta-Mendota Canal Hydrologic Unit 5541--(i) Patterson 
Hydrologic Sub-area 554110. Outlet(s) = San Joaquin River (Lat 37.6763, 
Long -1121.2653) upstream to endpoint(s) in: San Joaquin River (37.3491, 
-1120.9759).
    (ii) Los Banos Hydrologic Sub-area 554120. Outlet(s) = Merced River 
(Lat 37.3490, Long -1120.9756) upstream to endpoint(s) in: Merced River 
(37.3505, -1120.9619).
    (20) North Diablo Range Hydrologic Unit 5543--North Diablo Range 
Hydrologic Sub-area 554300. Outlet(s) = San Joaquin River (Lat 38.0247, 
Long -1121.8218) upstream to endpoint(s) in: San Joaquin River (38.0246, 
-1121.7471).
    (21) San Joaquin Delta Hydrologic Unit 5544--San Joaquin Delta 
Hydrologic Sub-area 554400. Outlet(s) = San Joaquin River (Lat 38.0246, 
Long -1121.7471) upstream to endpoint(s) in: Big Break (38.0160, -
1121.6849); Bishop Cut (38.0870, -1121.4158); Calaveras River (37.9836, 
-1121.3110); Cosumnes River (38.2538, -1121.4074); Disappointment Slough 
(38.0439, -1121.4201); Dutch Slough (38.0088, -1121.6281); Empire Cut 
(37.9714, -1121.4762); False River (38.0479, -1121.6232); Frank's Tract 
(38.0220, -1121.5997); Frank's Tract (38.0300, -1121.5830); Holland Cut 
(37.9939, -1121.5757); Honker Cut (38.0680, -1121.4589); Kellog Creek 
(37.9158, -1121.6051); Latham Slough (37.9716, -1121.5122); Middle River 
(37.8216, -1121.3747); Mokelumne River (38.2104, -1121.3804); Mormon 
Slough (37.9456,-121.2907); Mosher Creek (38.0327, -1121.3650); North 
Mokelumne River (38.2274, -1121.4918); Old River (37.8086, -1121.3274); 
Orwood Slough (37.9409, -1121.5332); Paradise Cut (37.7605, -1121.3085); 
Pixley Slough (38.0443, -1121.3868); Potato Slough (38.0440, -
1121.4997); Rock Slough (37.9754, -1121.5795); Sand Mound Slough 
(38.0220, -1121.5997); Stockton Deep Water Channel (37.9957, -
1121.4201); Turner Cut (37.9972, -1121.4434); Unnamed Tributary 
(38.1165, -1121.4976); Victoria Canal (37.8891, -1121.4895); White 
Slough (38.0818, -1121.4156); Woodward Canal (37.9037, -1121.4973).
    (22) Maps of critical habitat for the Central Valley Steelhead ESU 
follow:

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[[Page 652]]



[70 FR 52536, Sept. 2, 2005]



Sec.  226.212  Critical habitat for 15 Distinct Population Segments (DPSs) 
of salmon and steelhead (Oncorhynchus spp.) in Washington, Oregon and Idaho.

    Critical habitat is designated in the following states and counties 
for the following DPSs 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 DPS are included 
in paragraphs (i) through (w) 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 DPS 
description (paragraphs (i) through (w) 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 DPSs 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.
(14) Lower Columbia River coho salmon..  (i) OR--Clackamas, Clatsop,
                                          Columbia, Hood River, Marion,
                                          and Multnomah.
                                         (ii) WA--Clark, Cowlitz,
                                          Klickitat, Lewis, Pacific,
                                          Skamania, and Wahkiakum.
(15) Puget Sound steelhead.............  WA--Clallam, Jefferson, King,
                                          Kitsap, Mason, Pierce, Skagit,
                                          Snohomish, Thurston, and
                                          Whatcom.
------------------------------------------------------------------------


[[Page 653]]

    (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 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 DPSs 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

[[Page 654]]

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;
    (6) Naval Air Station Whidbey Island;
    (7) Naval Air Station, Everett;
    (8) Bremerton Naval Hospital;
    (9) Fort Lewis (Joint Base Lewis-McChord--Army and Air Force);
    (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;
    (24) Port Townsend/Indian Island/Walan Point naval restricted area; 
and
    (25) Naval Base Kitsap.
    (f) Land covered by an approved Habitat Conservation Plan. Critical 
habitat does not include any areas subject to an approved incidental 
take permit issued by NMFS under section 10(a)(1)(B) of the ESA. The 
specific sites addressed include those associated with the following 
Habitat Conservation Plans:
    (1) Washington Department of Natural Resources--West of Cascades
    (2) Washington State Forest Practices, except those lands on the 
Kitsap Peninsula overlapping with areas occupied by Puget Sound 
steelhead and not classified as being in an approved or renewed status 
by the Washington Department of Natural Resources as of September 2015.
    (3) Green Diamond Company.
    (4) West Fork Timber Company.
    (5) City of Kent.
    (6) J.L. Storedahl and Sons.
    (g) 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,

[[Page 655]]

-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 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).

[[Page 656]]

    (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, -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

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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, -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,

[[Page 658]]

-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 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,

[[Page 659]]

-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).
    (16) Nearshore Marine Areas--Except as provided in paragraph (e) of 
this section, critical habitat includes all nearshore marine areas 
(including areas adjacent to islands) of the Strait of Georgia (south of 
the international border), Puget Sound, Hood Canal, and the Strait of 
Juan de Fuca (to the western end of the Elwha River delta) from the line 
of extreme high tide out to a depth of 30 meters.
    (17) Maps of critical habitat for the Puget Sound chinook salmon ESU 
follow:

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    (h) 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 (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,

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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 (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

[[Page 679]]

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, -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,

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-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, -122.4712); Rock Creek (45.4128, -122.5043).
    (ii) [Reserved]
    (9) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed 
1709001201. Outlet(s) = Willamette River (Lat 45.4423, Long -122.6453) 
upstream to endpoint(s) in: Crystal Springs Creek (45.4770, -122.6403); 
Kellogg Creek (45.4344, -122.6314); Tryon Creek (45.4239, -122.6595); 
Unnamed (45.4002, -122.6423); Willamette River (45.3719, -122.6071).
    (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah 
Channel (Lat 45.8577, Long -122.7919) upstream to endpoint(s) in: 
Cunningham Slough (45.8250, -122.8069); Multnomah Channel (45.6188, -
122.7921); North Scappoose Creek (45.8014, -122.9340).
    (iii) Columbia Slough/Willamette River Watershed 1709001203. 
Outlet(s) = Willamette River (Lat 45.6530, Long -122.7646) upstream to 
endpoint(s) in: Bybee/Smith Lakes (45.6189, -122.7333); Columbia Slough 
(45.5979, -122.7137); Willamette River (45.4423, -122.6453).
    (10) Lower Columbia River Corridor--Lower Columbia River Corridor. 
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (45.5709, -122.4021).
    (11) Maps of critical habitat for the Lower Columbia River chinook 
salmon ESU follow:

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    (i) 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 692]]

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).

[[Page 693]]

    (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).
    (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

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(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, -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,

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-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 (Lat 45.2440, Long -122.2798) upstream to endpoint(s) 
in: Clackamas River (45.0321, -122.0600); Fish Creek (45.0962, -
122.1683); North Fork Clackamas River (45.2361, -122.2186); Roaring 
River (45.1773, -122.0650); South Fork Clackamas River (45.1939, -
122.2257); Tag Creek (45.0607, -122.0512); Tar Creek (45.0494, -
122.0570).
    (v) Lower Clackamas River Watershed 1709001106. Outlet(s) = 
Clackamas River (Lat 45.3719, Long -122.6071) upstream to endpoint(s) 
in: Clackamas River (45.2440, -122.2798); Clear Creek (45.3568, -
122.4781); Deep Creek (45.3937, -122.4095); Richardson Creek (45.3971, -
122.4712).
    (9) Lower Willamette/Columbia River Corridor--Lower Willamette/
Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long -
124.0782) upstream to endpoint(s) in: Willamette River (45.3719, -
122.6071).
    (10) Maps of critical habitat for the Upper Willamette River chinook 
salmon ESU follow:

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    (j) Upper Columbia River Spring Chinook Salmon (Oncorhynchus 
tshawytscha). Critical habitat is to include the areas defined in the 
following subbasins:
    (1) Chief Joseph Subbasin 17020005--Upper Columbia/Swamp Creek 
Watershed 1702000505. Outlet(s) = Columbia River (Lat 47.8077, Long -
119.9754) upstream to endpoint(s) in: Columbia River (48.0502, -
119.8942).

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    (2) Methow Subbasin 17020008--(i) Lost River Watershed 1702000801 
Outlet(s) = Lost River Gorge (Lat 48.6501, Long -120.5103) upstream to 
endpoint(s) in: Eureka Creek (48.7020, -120.4986); Lost River Gorge 
(48.7324, -120.4475).
    (ii) Upper Methow River Watershed 1702000802. Outlet(s) = Methow 
River (Lat 48.6015, Long -120.4376) upstream to endpoint(s) in: Early 
Winters Creek (48.5999, -120.5840); Methow River (48.6417, -120.6150); 
Rattlesnake Creek (48.6523, -120.5733); Robinson Creek (48.6680, -
120.5394); South Fork Trout Creek (48.6448, -120.6030).
    (iii) Upper Chewuch River Watershed 1702000803. Outlet(s) = Chewuch 
River (Lat 48.7501, Long -120.1356) upstream to endpoint(s) in: Andrews 
Creek (48.7855, -120.1087); Chewuch River (48.8614, -120.0288); Dog 
Creek (48.8218, -120.0151); Lake Creek (48.8258, -120.1996); Thirtymile 
Creek (48.8109, -120.0199).
    (iv) Lower Chewuch River Watershed 1702000804. Outlet(s) = Chewuch 
River (Lat 48.4751, Lat -120.1790) upstream to endpoint(s) in: Boulder 
Creek (48.5797, -120.1538); Chewuch River (48.7501, -120.1356); Cub 
Creek (48.5513, -120.1899); Eightmile Creek (48.6071, -120.1775); Lake 
Creek (48.4926, -120.1629); Twentymile Creek (48.7029, -120.1117).
    (v) Twisp River Watershed 1702000805. Outlet(s) = Twisp River (Lat 
48.3682, Long -120.1176) upstream to endpoint(s) in: Buttermilk Creek 
(48.3528, -120.3239); Eagle Creek (48.3584, -120.3914); North Creek 
(48.4587, -120.5595); Poorman Creek (48.3674, -120.1997); South Creek 
(48.4330, -120.5431); Twisp River (48.4615, -120.5764); War Creek 
(48.3649, -120.4030).
    (vi) Middle Methow River Watershed 1702000806. Outlet(s) = Methow 
River (Lat 48.2495, Long -120.1156) upstream to endpoint(s) in: Bear 
Creek (48.4527, -120.1423); Goat Creek (48.5888, -120.3705); Little 
Boulder Creek (48.5700, -120.3797); Methow River (48.6015, -120.4376); 
Wolf Creek (48.4776, -120.2840) Unnamed (48.4896, -120.2116).
    (vii) Lower Methow River Watershed 1702000807. Outlet(s) = Methow 
River (Lat 48.0502, Long -119.8942) upstream to endpoint(s) in: Methow 
River (48.2495, -120.1156).
    (3) Upper Columbia/Entiat Subbasin 17020010--(i) Entiat River 
Watershed 1702001001. Outlet(s) = Entiat River (Lat 47.6585, Long -
120.2194) upstream to endpoint(s) in: Entiat River (47.9855, -120.5749); 
Hornet Creek (47.7714, -120.4403); Mad River (47.7804, -120.4403); 
Tillicum Creek (47.7295, -120.4304).
    (ii) Lake Entiat Watershed 1702001002. Outlet(s) = Columbia River 
(Lat 47.3438, Long -120.0929) upstream to endpoint(s) in: Columbia River 
(47.8077, -119.9754).
    (4) Wenatchee Subbasin 17020011--(i) White River Watershed 
1702001101. Outlet(s) = White River (Lat 47.8088, Long -120.7159) 
upstream to endpoint(s) in: Little Wenatchee River (47.8526, -120.9541); 
Napeequa River (47.9285, -120.8829); Panther Creek (47.9355, -120.9482); 
White River (47.9535, -120.9380).
    (ii) Chiwawa River Watershed 1702001102. Outlet(s) = Chiwawa River 
(Lat 47.7880, Long -120.6589) upstream to endpoint(s) in: Alder Creek 
(47.8483, -120.6587); Chikamin Creek (47.9785, -120.7194); Chiwawa River 
(48.1048, -120.8773); Goose Creek (47.8392, -120.6461); Minnow Creek 
(47.9137, -120.7182); Phelps Creek (48.0794, -120.8400); Unnamed 
(48.0366, -120.7615).
    (iii) Nason/Tumwater Watershed 1702001103. Outlet(s) = Wenatchee 
River (Lat 47.5801, Long -120.6660) upstream to endpoint(s) in: 
Chiwaukum Creek (47.7039, -120.7791); Nason Creek (47.7769, -120.9103); 
Skinney Creek (47.6894, -120.7351).
    (iv) Icicle/Chumstick Watershed 1702001104. Outlet(s) = Wenatchee 
River (Lat 47.5575, Long -120.5729) upstream to endpoint(s) in: 
Wenatchee River (47.5801, -120.6660).
    (v) Lower Wenatchee River Watershed 1702001105. Outlet(s) = 
Wenatchee River (Lat 47.4553, Long -120.3185) upstream to endpoint(s) 
in: Wenatchee River (47.5575, -120.5729).
    (5) Columbia River Corridor--Columbia River Corridor Outlet(s) = 
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in: 
Columbia River (47.3438, -120.0929).
    (6) Maps of critical habitat for the Upper Columbia River Spring-run 
chinook salmon ESU follow:

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    (k) 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);

[[Page 713]]

Skokomish (47.3199, -123.2198); Unnamed (47.3209, -123.2211).
    (2) Hood Canal Subbasin 17110018--(i) Lower West Hood Canal Frontal 
Watershed 1711001802. Outlet(s)= Eagle Creek (Lat 47.4849, Long -
123.0766); Finch Creek (47.4067, -123.1377); Fulton Creek (47.6183, -
122.9736); Jorsted Creek (47.5263, -123.0489); Lilliwaup Creek (47.4689, 
-123.1136); Unnamed (47.4576, -123.1117) upstream to endpoint(s) in: 
Eagle Creek (47.4905, -123.0830); Finch Creek (47.4076, -123.1586); 
Fulton Creek (47.6275, -122.9805); Jorsted Creek (47.5246, -123.0649); 
Lilliwaup Creek (47.4704, -123.1166); Unnamed (47.4585, -123.1186).
    (ii) Hamma Hamma River Watershed 1711001803. Outlet(s) = Hamma Hamma 
River (Lat 47.5471, Long -123.0440) upstream to endpoint(s) in: Hamma 
Hamma River (47.5547, -123.0623); John Creek (47.5369, -123.0619).
    (iii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush 
River (Lat 47.6502, Long -122.9348) upstream to endpoint(s) in: 
Duckabush River (47.6654, -122.9728).
    (iv) Dosewallips River Watershed 1711001805. Outlet(s) = Dosewallips 
River (Lat 47.6880, Long -122.8949) upstream to endpoint(s) in: 
Dosewallips River (47.7157, -122.9396).
    (v) Big Quilcene River Watershed 1711001806. Outlet(s) = Big 
Quilcene River (Lat 47.8188, Long -122.8605) upstream to endpoint(s) in: 
Big Quilcene River (47.8102, -122.9119).
    (vi) Upper West Hood Canal Frontal Watershed 1711001807. Outlet(s) = 
Little Quilcene River (Lat 47.8266; Long -122.8608) upstream to 
endpoint(s) in: Little Quilcene River (47.8374, -122.8854).
    (vii) West Kitsap Watershed 1711001808. Outlet(s) = Anderson Creek 
(Lat 47.5670, Long -122.9664); Big Beef Creek (47.6521, -122.7823); 
Dewatto River (47.4538, -123.0474); Little Anderson Creek (47.6653, -
122.7554); Tahuya River (47.3767, -123.0355); Union River (47.4484, -
122.8368); Unnamed (47.3767, -123.0372); Unnamed (47.4537, -123.0474) 
upstream to endpoint(s) in: Anderson Creek (47.5596, -122.9354); Bear 
Creek (47.4980, -122.8074); Big Beef Creek (47.6385, -122.7868); Dewatto 
River (47.4937, -122.9914); East Fork Union River (47.5056, -122.7897); 
Hazel Creek (47.5170, -122.7945); Little Anderson Creek (47.6606, -
122.7543); North East Fork Union River (47.4954, -122.7819); Tahuya 
River (47.4510, -122.9597); Union River (47.5273, -122.7846); Unnamed 
(47.4492, -122.9229); Unnamed (47.4527, -122.8294); Unnamed (47.4553, -
122.8301); Unnamed (47.4594, -122.8396); Unnamed (47.4700, -122.8300); 
Unnamed (47.4852, -122.8313); Unnamed (47.4966, -122.8393); Unnamed 
(47.4971, -122.8315); Unnamed (47.6600, -122.7559); Unnamed (47.6642, -
122.7534).
    (3) Puget Sound Subbasin 17110019--Port Ludlow/Chimacum Creek 
Watershed 1711001908. Outlet(s) = Chimacum Creek (Lat 48.0507, Long -
122.7832) upstream to endpoint(s) in: Chimacum Creek (47.9743, -
122.7764).
    (4) Dungeness/Elwha Subbasin 17110020--(i) Discovery Bay Watershed 
1711002001. Outlet(s) = Salmon Creek (Lat 47.9895, Long -122.8879); Snow 
Creek (47.9900, -122.8834) upstream to endpoint(s) in: Salmon Creek 
(47.9775, -122.9191); Snow Creek (47.9638, -122.8827).
    (ii) Sequim Bay Watershed 1711002002. Outlet(s) = Jimmycomelately 
Creek (Lat 48.0235, Long -123.0039) upstream to endpoint(s) in: 
Jimmycomelately Creek (48.0125, -123.0026).
    (iii) Dungeness River Watershed 1711002003. Outlet(s) = Dungeness 
River (Lat 48.1506, Long -123.1311); Unnamed (48.1537, -123.1267) 
upstream to endpoint(s) in: Dungeness River (48.0258, -123.1358); 
Matriotti Creek (48.1369, -123.1488); Unnamed (48.1167, -123.1403); 
Unnamed (48.1514, -123.1216).
    (5) Nearshore Marine Areas--Except as provided in paragraph (e) of 
this section, critical habitat includes all nearshore marine areas 
(including areas adjacent to islands) of Hood Canal and the Strait of 
Juan de Fuca (to Dungeness Bay) from the line of extreme high tide out 
to a depth of 30 meters.
    (6) Maps of critical habitat for the Hood Canal summer-run chum 
salmon ESU follow:

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    (l) 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 720]]

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,

[[Page 721]]

-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, 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,

[[Page 722]]

-123.9368); Unnamed (46.3605, -123.5228); Unnamed (46.3838, -123.5454); 
Unnamed (46.4328, -123.4444); West Fork Grays River (46.3942, -
123.5611).
    (7) Lower Columbia River Corridor--Lower Columbia River Corridor
    Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (45.5709, -122.4020).
    (8) Maps of critical habitat for the Columbia River chum salmon ESU 
follow:

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    (m) 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

[[Page 731]]

Crooked Creek (48.1020, -124.5507); Ozette River (48.0370, -124.6218); 
South Fork Crooked Creek (48.0897, -124.5597); Umbrella Creek (48.2127, 
-124.5787); Unnamed (48.1771, -124.5967); Unnamed (48.1740, -124.6005); 
Unnamed (48.1649, -124.5208).
    (ii) [Reserved]
    (2) A map of critical habitat for the Ozette Lake sockeye salmon ESU 
follows:
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[[Page 732]]


    (n) 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,

[[Page 733]]

-120.4163); Stormy Creek (47.8246, -120.4125); Tamarack 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).

[[Page 734]]

    (10) Maps of critical habitat for the Upper Columbia River Steelhead 
ESU follow:
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    (o) 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);

[[Page 744]]

Deep Creek (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,

[[Page 745]]

-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 (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

[[Page 746]]

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).
    (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).

[[Page 747]]

    (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 (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,

[[Page 748]]

-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 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).

[[Page 749]]

    (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).
    (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).

[[Page 750]]

    (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); 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

[[Page 751]]

(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 (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,

[[Page 752]]

-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).
    (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).

[[Page 753]]

    (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).
    (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

[[Page 754]]

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) = 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,

[[Page 755]]

-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 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

[[Page 756]]

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).
    (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).

[[Page 757]]

    (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).
    (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);

[[Page 758]]

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 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,

[[Page 759]]

-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 (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

[[Page 760]]

(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 -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:

[[Page 761]]

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, -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,

[[Page 762]]

-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 (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).

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    (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).
    (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:

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Clearwater River (46.257, -116.067); Sixmile Creek (46.269, -116.213).
    (xxi) Clearwater River/Tom Taha Creek Watershed 1706030622. 
Outlet(s) = Clearwater River (Lat 46.2565, Long -116.067) upstream to 
endpoint(s) in: Clearwater River (46.146, -115.980); Tom Taha Creek 
(46.244, -115.993).
    (xxii) Lower Lawyer Creek Watershed 1706030623. Outlet(s) = Lawyer 
Creek (Lat 46.2257, Long -116.0116) upstream to endpoint(s) in: Lawyer 
Creek (46.155, -116.190), Sevenmile Creek (46.1498, -116.0838).
    (xxiii) Middle Lawyer Creek Watershed 1706030624. Outlet(s) = Lawyer 
Creek (Lat 46.1546, Long -116.1899) upstream to endpoint(s) in: Lawyer 
Creek (46.188, -116.380).
    (xxiv) Cottonwood Creek Watershed 1706030627. Outlet(s) = Cottonwood 
Creek (Lat 46.5023, Long -116.7127) upstream to endpoint(s) in: 
Cottonwood Creek (46.387, -116.622), Coyote Creek (46.4622, -116.6377), 
Magpie Creek (46.4814, -116.6643).
    (xxv) Upper Lapwai Creek Watershed 1706030628. Outlet(s) = Lapwai 
Creek (Lat 46.3674, Long -116.7352) upstream to endpoint(s) in: Lapwai 
Creek (46.2961, -116.5955); Unnamed (46.3346, -116.5794).
    (xxvi) Mission Creek Watershed 1706030629. Outlet(s) = Mission Creek 
(Lat 46.3674, Long -116.73525) upstream to endpoint(s) in: Mission Creek 
(46.2724, -116.6949); Rock Creek (46.3048, -116.6250).
    (xxvii) Upper Sweetwater Creek Watershed 1706030630. Outlet(s) = 
Webb Creek (Lat 46.3310, Long -116.8369) upstream to endpoint(s) in: 
Sweetwater Creek (46.2751, -116.8513); Webb Creek (46.2338, -116.7500).
    (xxviii) Lower Sweetwater Creek Watershed 1706030631. Outlet(s) = 
Lapwai Creek (Lat 46.4512, Long -116.8182) upstream to endpoint(s) in: 
Lapwai Creek (46.364, -116.750); Sweetwater Creek (46.331, -116.837); 
Tom Beall Creek (46.4240, -116.7822).
    (24) Lower Snake/Columbia River Corridor--Lower Snake/Columbia River 
Corridor. Outlet(s) = Columbia River mouth (Lat 46.2485, Long -124.0782) 
upstream to endpoint at the confluence of the Palouse River (46.589, -
117.215).
    (25) Maps of critical habitat for the Snake River Basin Steelhead 
ESU follow:

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    (p) 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 790]]

-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

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(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 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

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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).
    (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).

[[Page 793]]

    (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 (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,

[[Page 794]]

-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).
    (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

[[Page 795]]

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, -
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

[[Page 796]]

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, 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

[[Page 797]]

(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).
    (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

[[Page 798]]

(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 (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

[[Page 799]]

(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 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,

[[Page 800]]

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, -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,

[[Page 801]]

-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).
    (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

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(45.1434, -121.0131); Cottonwood Creek (45.0036, -120.8720); Deep Creek 
(44.9723, -120.9480); Robin Creek (45.1209, -120.9652); Trail Hollow 
Creek (45.1481, -121.0423).
    (vii) Buck Hollow Creek Watershed 1707030611. Outlet(s) = Buck 
Hollow Creek (Lat 45.2642, Long -121.0232) upstream to endpoint(s) in: 
Buck Hollow Creek (45.0663, -120.7095); Finnegan Creek (45.2231, -
120.8472); Macken Canyon (45.1093, -120.7011); Thorn Hollow (45.0450, -
120.7386).
    (viii) Lower Deschutes River Watershed 1707030612. Outlet(s) = 
Deschutes River (Lat 45.6426, Long -120.9142) upstream to endpoint(s) 
in: Bull Run Canyon (45.4480, -120.8655); Deschutes River (45.2642, -
121.0232); Fall Canyon (45.5222, -120.8538); Ferry Canyon (45.3854, -
120.9373); Jones Canyon (45.3011, -120.9404); Macks Canyon (45.3659, -
120.8524); Oak Canyon (45.3460, -120.9960); Sixteen Canyon (45.4050, -
120.8529).
    (14) Trout Subbasin 17070307--(i) Upper Trout Creek Watershed 
1707030701. Outlet(s) = Trout Creek (Lat 44.8229, Long -120.9193) 
upstream to endpoint(s) in: Amity Creek (44.6447, -120.5854); Auger 
Creek (44.5539, -120.5381); Beaver Creek (44.6390, -120.7034); Big Log 
Creek (44.5436, -120.6997); Big Whetstone Creek (44.6761, -120.7645); 
Board Hollow (44.6064, -120.7405); Cartwright Creek (44.5404, -
120.6535); Clover Creek (44.6523, -120.7358); Dutchman Creek (44.5320, -
120.6704); Foley Creek (44.5861, -120.6801); Little Trout Creek 
(44.7816, -120.7237); Opal Creek (44.5792, -120.5446); Potlid Creek 
(44.5366, -120.6207); Trout Creek (44.5286, -120.5805); Tub Springs 
Canyon (44.8155, -120.7888); Unnamed (44.5428, -120.5848); Unnamed 
(44.6043, -120.7403); Unnamed (44.6510, -120.7337).
    (ii) Antelope Creek Watershed 1707030702. Antelope Creek (Lat 
44.8229, Long -120.9193) upstream to endpoint(s) in: Antelope Creek 
(44.8564, -120.8574); Boot Creek (44.9086, -120.8864); Pole Creek 
(44.9023, -120.9108); Ward Creek (44.9513, -120.8341).
    (iii) Lower Trout Creek Watershed 1707030705. Outlet(s) = Trout 
Creek (Lat 44.8214, Long -121.0876) upstream to endpoint(s) in: Brocher 
Creek (44.8357, -121.0330); Hay Creek (44.7824, -120.9652); Trout Creek 
(44.8229, -120.9193).
    (15) Upper Columbia/Priest Rapids Subbasin 17020016--Columbia River/
Zintel Canyon Watershed 1702001606. Outlet(s) = Columbia River (Lat 
46.1776, Long -119.0183) upstream to endpoint(s) in: Columbia River 
(46.2534, -119.2268).
    (16) Columbia River Corridor--Columbia River Corridor Outlet(s) = 
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in: 
Columbia River (45.7070, -121.7943).
    (17) Maps of critical habitat for the Middle Columbia River 
Steelhead ESU follow:

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    (q) 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,

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-121.5873);Culvert Creek (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,

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-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) 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,

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-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); 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,

[[Page 823]]

-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, -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).

[[Page 824]]

    (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, -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,

[[Page 825]]

-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, -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);

[[Page 826]]

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,

[[Page 827]]

-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 (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,

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-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 Creek (45.4811, -122.6381); 
Crystal Springs Lake (45.4799, -122.6361); Johnson Creek (45.4610, -
122.3432); Kellogg Creek (45.4083, -122.5925); Kelly Creek (45.4661, -
122.4655); Mount Scott Creek (45.4306, -122.5556); Oswego Creek 
(45.4105, -122.6666); Phillips Creek (45.4328, -122.5763); Tryon Creek 
(45.4472, -122.6863); Unnamed (45.4793, -122.4165); Willamette River 
(45.3719, -122.6071).
    (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah 
Channel (Lat 45.8577, Long -122.7919) upstream to endpoint(s) in: 
Multnomah Channel (45.6188, -122.7921).
    (iii) Columbia Slough/Willamette River Watershed 1709001203. 
Outlet(s) = Willamette River (Lat 45.6530, Long -122.7646) upstream to 
endpoint(s) in: Bybee Lake (45.6266, -122.7523); Bybee/Smith Lakes 
(45.6105, -122.7285); Columbia Slough 1 (45.6078, -122.7447); Swan 
Island Basin (45.5652, -122.7120); Unnamed (45.6253, -122.7568); 
Willamette River (45.4423, -122.6453).
    (9) Lower Columbia River Corridor--Lower Columbia River Corridor 
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (45.5710, -122.4021).
    (10) Maps of critical habitat for the Lower Columbia River Steelhead 
ESU follow:

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    (r) Upper Willamette River Steelhead (Oncorhynchus mykiss). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Upper Willamette Subbasin 17090003--(i) Calapooia River 
Watershed 1709000303. Outlet(s) = Calapooia River (Lat 44.5088, Long -
123.1101) upstream to endpoint(s) in: Bigs Creek (44.2883, -122.6133); 
Butte Creek (44.4684, -123.0488); Calapooia River (44.2361, -122.3664); 
Hands Creek (44.2559,

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-122.5127); King Creek (44.2458, -122.4452); McKinley Creek (44.2569, -
122.5621); North Fork Calapooia River (44.2497, -122.4094); Potts Creek 
(44.2581, -122.4756); Spoon Creek (44.4379, -123.0877); United States 
Creek (44.2244, -122.3825).
    (ii) Oak Creek Watershed 1709000304. Outlet(s) = Willamette River 
(Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: Calapooia 
River (44.5088, -123.1101); Cox Creek (44.6417, -123.0680); Periwinkle 
Creek (44.6250, -123.0814); Truax Creek (44.6560, -123.0598).
    (iii) Luckiamute River Watershed 1709000306. Outlet(s) = Luckiamute 
River (Lat 44.7561, Long -123.1468) upstream to endpoint(s) in: Bonner 
Creek (44.6735, -123.4849); Burgett Creek (44.6367, -123.4574); Clayton 
Creek (44.7749, -123.4870); Cooper Creek (44.8417, -123.3246); Grant 
Creek (44.8389, -123.4098); Little Luckiamute River (44.8673, -
123.4375); Luckiamute River (44.7970, -123.5270); Maxfield Creek 
(44.6849, -123.3427); McTimmonds Creek (44.7622, -123.4125); North Fork 
Pedee Creek (44.7866, -123.4511); Plunkett Creek (44.6522, -123.4241); 
Price Creek (44.6677, -123.3732); Sheythe Creek (44.7683, -123.5027); 
Soap Creek (44.6943, -123.2488); South Fork Pedee Creek (44.7798, -
123.4667); Teal Creek (44.8329, -123.4582); Unnamed (44.7562, -
123.5293); Unnamed (44.7734, -123.2027); Unnamed (44.7902, -123.6211); 
Vincent Creek (44.6380, -123.4327); Waymire Creek (44.8725, -123.4128); 
Woods Creek (44.6564, -123.3905).
    (2) North Santiam Subbasin 17090005--(i) Middle North Santiam River 
Watershed 1709000504. Outlet(s) = North Santiam River (Lat 44.7852, Long 
-122.6079) upstream to endpoint(s) in: Little Rock Creek (44.7330, -
122.3927); Mad Creek (44.7373, -122.3735); North Santiam River (44.7512, 
-122.2825); Rock Creek (44.7011, -122.4080); Snake Creek (44.7365, -
122.4870).
    (ii) Little North Santiam River Watershed 1709000505. Outlet(s) = 
Little North Santiam River (Lat 44.7852, Long -122.6079) upstream to 
endpoint(s) in: Cedar Creek (44.8439, -122.2682); Elkhorn Creek 
(44.8139, -122.3451); Evans Creek (44.8412, -122.3601); Fish Creek 
(44.8282, -122.3915); Little North Santiam River (44.8534, -122.2887); 
Little Sinker Creek (44.8235, -122.4163); Sinker Creek (44.8211, -
122.4210).
    (iii) Lower North Santiam River Watershed 1709000506. Outlet(s) = 
Santiam River (Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: 
Bear Branch (44.7602, -122.7942); Chehulpum Creek (44.7554, -122.9898); 
Cold Creek (44.7537, -122.8812); Morgan Creek (44.7495, -123.0443); 
North Santiam River (44.7852, -122.6079); Salem Ditch (44.8000, -
122.8120); Santiam River (44.6869, -123.0052); Smallman Creek (44.7293, 
-122.9139); Stout Creek (44.8089, -122.5994); Trask Creek (44.7725, -
122.6152); Unnamed (44.7972, -122.7328); Valentine Creek (44.7999, -
122.7311).
    (3) South Santiam Subbasin 17090006--(i) Hamilton Creek/South 
Santiam River Watershed 1709000601. Outlet(s) = South Santiam River (Lat 
44.6869, Long -123.0052) upstream to endpoint(s) in: Albany--Santiam 
Canal (44.5512, -122.9032); Hamilton Creek (44.5392, -122.7018); Johnson 
Creek (44.4548, -122.7080); McDowell Creek (44.4640, -122.6803); Mill 
Creek (44.6628, -122.9575); Morgan Creek (44.4557, -122.7058); Noble 
Creek (44.4513, -122.7974); South Santiam River (44.4163, -122.6693).
    (ii) Crabtree Creek Watershed 1709000602. Outlet(s) = Crabtree Creek 
(Lat 44.6756, Long -122.9557) upstream to endpoint(s) in: Bald Barney 
Creek (44.5469, -122.5959); Bald Peter Creek (44.5325, -122.6024); 
Beaver Creek (44.6337, -122.8537); Camp Creek (44.5628, -122.5768); 
Crabtree Creek (44.6208, -122.5055); Cruiser Creek (44.5543, -122.5831); 
Green Mountain Creek (44.5777, -122.6258); Roaring River (44.6281, -
122.7148); Rock Creek (44.5883, -122.6000); South Fork Crabtree Creek 
(44.5648, -122.5441); White Rock Creek (44.6050, -122.5209).
    (iii) Thomas Creek Watershed 1709000603. Outlet(s) = Thomas Creek 
(Lat 44.6778, Long -122.9654) upstream to endpoint(s) in: Criminal Creek 
(44.7122, -122.5709); Ella Creek (44.6815, -122.5228); Hortense Creek 
(44.6756, -122.5017); Jordan Creek (44.7527, -122.6519); Mill Creek 
(44.7060, -122.7849); Neal Creek (44.6923, -122.6484); South Fork Neal 
Creek (44.7016, -122.7049); Thomas Creek

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(44.6776, -122.4650); West Fork Ella Creek (44.6805, -122.5288).
    (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

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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 River (Lat 45.1907, Long -122.7527) upstream to endpoint(s) in: 
Pudding River (45.0740, -122.8525).
    (iii) Rock Creek/Pudding River Watershed 1709000903. Outlet(s) = 
Rock Creek (Lat 45.1907, Long -122.7527) upstream to endpoint(s) in: 
Rock Creek (45.0876, -122.5916).
    (iv) Senecal Creek/Mill Creek Watershed 1709000904. Outlet(s) = 
Pudding River (Lat 45.2843, Long -122.7149) upstream to endpoint(s) in: 
Pudding River (45.1907, -122.7527).
    (v) Upper Molalla River Watershed 1709000905. Outlet(s) = Molalla 
River (Lat 45.1196, Long -122.5342) upstream to endpoint(s) in: Camp 
Creek (44.9630, -122.2928); Cedar Creek (45.0957, -122.5257); Copper 
Creek (44.8877, -122.3704); Cougar Creek (45.0421, -122.3145); Dead 
Horse Canyon Creek (45.0852, -122.3146); Gawley Creek (44.9320, -
122.4304); Lost Creek (44.9913, -122.2444); Lukens Creek (45.0498, -
122.2421); Molalla River (44.9124, -122.3228); North Fork Molalla River 
(45.0131, -122.2986); Pine Creek (45.0153, -122.4560); Table Rock Fork 
Molalla River (44.9731, -122.2629); Trout Creek (45.0577, -122.4657).
    (vi) Lower Molalla River Watershed 1709000906. Outlet(s) = Molalla 
River (Lat 45.2979, Long -122.7141) upstream to endpoint(s) in: Buckner 
Creek (45.2382, -122.5399); Canyon Creek (45.1317, -122.3858); Cedar 
Creek (45.2037, -122.5327); Gribble Creek (45.2004, -122.6867); Jackson 
Creek (45.1822, -122.3898); Milk Creek (45.2036, -122.3761); Molalla 
River (45.1196, -122.5342); Woodcock Creek (45.1508, -122.5075).
    (7) Tualatin Subbasin 17090010--Gales Creek Watershed 1709001002. 
Outlet(s) = Tualatin River (Lat 45.5019, Long -122.9946) upstream to 
endpoint(s) in: Bateman Creek (45.6350, -123.2966); Beaver Creek 
(45.6902, -123.2889); Clear Creek (45.5705, -123.2567); Gales Creek 
(45.6428, -123.3576); Iler Creek (45.5900, -123.2582); North Fork Gales 
Creek (45.6680, -123.3394); Roaring Creek (45.5620, -123.2574); Roderick 
Creek (45.5382, -123.2013); South Fork Gales Creek (45.6059, -123.2978); 
Tualatin River (45.4917, -123.1012).
    (8) Lower Willamette/Columbia River Corridor--Lower Willamette/
Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long -
124.0782) upstream to endpoint(s) in: Willamette River (45.3540, -
122.6186).
    (9) Maps of critical habitat for the Upper Willamette River 
Steelhead ESU follow:

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    (s) Oregon Coast Coho Salmon (Oncorhynchus kisutch). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Necanicum Subbasin 17100201--Necanicum River Watershed 
1710020101. Outlet(s) = Arch Cape Creek (Lat 45.8035, Long-123.9656); 
Asbury Creek (45.815,-123.9624); Ecola Creek (45.8959,-123.9649); 
Necanicum River (46.0113,-123.9264); Short Sand Creek (45.7595,-
123.9641) upstream to endpoint(s) in: Arch Cape Creek (45.8044,-
123.9404); Asbury Creek

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(45.8150,-123.9584); Beerman Creek (45.9557,-123.8749); Bergsvik Creek 
(45.8704,-123.7650); Brandis Creek (45.8894,-123.8529); Charlie Creek 
(45.9164,-123.7606); Circle Creek (45.9248,-123.9436); Circle Creek Trib 
A (45.9335,-123.9457); North Fork Ecola Creek (45.8705,-123.9070); West 
Fork Ecola Creek (45.8565,-123.9424); Grindy Creek (45.9179,-123.7390); 
Hawley Creek (45.9259,-123.8864); Joe Creek (45.8747,-123.7503); Johnson 
Creek (45.8885,-123.8816); Klootchie Creek (45.9450,-123.8413); 
Klootchie Creek Trib A (45.9250,-123.8447); Lindsley Creek (45.9198,-
123.8339); Little Humbug Creek (45.9235,-123.7653); Little Joe Creek 
(45.8781,-123.7852); Little Muddy Creek (45.9551,-123.9559); Mail Creek 
(45.8887,-123.8655); Meyer Creek (45.9279,-123.9135); Mill Creek 
(46.0245,-123.8905); Mill Creek Trib 1 (46.0142,-123.8967); Neacoxie 
Creek (46.0245,-123.9157); Neawanna Creek (45.9810,-123.8809); Necanicum 
River (45.9197,-123.7106); North Fork Necanicum River (45.9308,-
123.7986); North Fork Necanicum River Trib A (45.9398,-123.8109); South 
Fork Necanicum River (45.8760,-123.8122); Shangrila Creek (45.9706,-
123.8778); Short Sand Creek (45.7763,-123.9406); Thompson Creek 
(46.0108,-123.8951); Tolovana Creek (45.8581,-123.9370); Unnamed 
(45.8648,-123.9371); Unnamed (45.8821,-123.9318); Unnamed (45.8881,-
123.7436); Unnamed (45.8883,-123.9366); Unnamed (45.8906,-123.7460); 
Unnamed (45.8912,-123.9433); Unnamed (45.8950,-123.8715); Unnamed 
(45.9026,-123.9540); Unnamed (45.9046,-123.9578); Unnamed (45.9050,-
123.9585); Unnamed (45.9143,-123.8656); Unnamed (45.9161,-123.9000); 
Unnamed (45.9210,-123.8668); Unnamed (45.9273,-123.8499); Unnamed 
(45.9292,-123.8900); Unnamed (45.9443,-123.9038); Unnamed (45.9850,-
123.8999); Unnamed (46.0018,-123.8998); Volmer Creek (45.9049,-
123.9139); Warner Creek (45.8887,-123.7801); Williamson Creek (45.9522,-
123.9060).
    (2) Nehalem Subbasin 17100202--(i) Upper Nehalem River Watershed 
1710020201. Outlet(s) = Nehalem River (Lat 45.9019, Long -123.1442) 
upstream to endpoint(s) in: Bear Creek (45.7781,-123.4252); Bear Creek 
(45.8556,-123.2205); Beaver Creek (45.7624,-123.2073); Beaver Creek Trib 
A (45.8071,-123.2143); Beaver Creek Trib B (45.7711,-123.2318); Carlson 
Creek (45.7173,-123.3425); Castor Creek (45.7103,-123.2698); Cedar Creek 
(45.8528,-123.2928); Clear Creek, Lower North Fork (45.8229,-123.3111); 
Clear Creek (45.8239,-123.3531); Coal Creek Trib B (45.8149,-123.1174); 
Coal Creek (45.7978,-123.1293); Coon Creek (45.8211,-123.1446); Dell 
Creek (45.7919,-123.1559); Derby Creek (45.7225,-123.3857); Dog Creek 
(45.8957,-123.0741); Elk Creek (45.8256,-123.1290); Fall Creek 
(45.8626,-123.3247); Ginger Creek (45.8520,-123.3511); Ivy Creek 
(45.8938,-123.3160); Jim George Creek (45.8009,-123.1041); Kenusky Creek 
(45.8859,-123.0422); Kist Creek (45.7826,-123.2507); Lousignont Creek 
(45.7424,-123.3722); Lousignont Creek, North Fork (45.7463,-123.3576); 
Martin Creek (45.8474,-123.4025); Maynard Creek (45.8556,-123.3038); 
Military Creek (45.8233,-123.4812); Nehalem River (45.7269,-123.4159); 
Nehalem River, East Fork (45.8324,-123.0502); Olson Creek (45.8129,-
123.3853); Pebble Creek (45.7661,-123.1357); Pebble Creek, West Fork 
(45.7664,-123.1899); Robinson Creek (45.7363,-123.2512); Rock Creek 
(45.8135,-123.5201); Rock Creek, North Fork (45.8616,-123.4560); Rock 
Creek, South Fork (45.7598,-123.4249); Rock Creek Trib C (45.7957,-
123.4882); South Fork Rock Creek Trib A (45.7753,-123.4586); South Fork 
Nehalem River (45.7073,-123.4017); Selder Creek (45.8975,-123.3806); 
South Fork Clear Creek (45.8141,-123.3484); South Prong Clear Creek 
(45.7832,-123.2975); Step Creek (45.6824,-123.3348); Swamp Creek 
(45.8217,-123.2004); Unnamed (45.7270,-123.3419); Unnamed (45.8095,-
123.0908); Unnamed (45.7558,-123.2630); Unnamed (45.7938,-123.3847); 
Unnamed (45.7943,-123.4059); Unnamed (45.8197,-123.0679); Unnamed 
(45.8477,-123.0734); Unnamed (45.8817,-123.1266); Unnamed (45.8890,-
123.3817); Unnamed (45.9019,-123.1346); Weed Creek (45.8707,-123.4049); 
Wolf Creek, South

[[Page 852]]

Fork (45.7989,-123.4028); Wolf Creek (45.7768,-123.3556).
    (ii) Middle Nehalem River Watershed 1710020202. Outlet(s) = Nehalem 
River (Lat 45.9838, Long -123.4214) upstream to endpoint(s) in: Adams 
Creek (46.0263,-123.2869); Archibald Creek (45.9218,-123.0829); Beaver 
Creek (46.0554,-123.2985); Boxler Creek (46.0486,-123.3521); Calvin 
Creek (45.9514,-123.2976); Cedar Creek (45.9752,-123.1143); Cook Creek 
(45.9212,-123.1087); Cow Creek (46.0500,-123.4326); Crooked Creek 
(45.9043,-123.2689); Deep Creek (45.9461,-123.3719); Deep Creek Trib A 
(45.9127,-123.3794); Deep Creek Trib B (45.9314,-123.3809); Deer Creek 
(45.9033,-123.3142); Eastman Creek (46.0100,-123.2262); Fall Creek 
(45.9438,-123.2012); Fishhawk Creek (46.0596,-123.3857); Fishhawk Creek, 
North Fork (46.0907,-123.3675); Fishhawk Creek, Trib C (46.0808,-
123.3692); Ford Creek (46.0570,-123.2872); Gus Creek (45.9828,-
123.1453); Johnson Creek (46.0021,-123.2133); Lane Creek (45.9448,-
123.3253); Little Deer Creek (45.9378,-123.2780); Lousignont Creek 
(46.0342,-123.4186); Lundgren Creek (46.0240,-123.2092); McCoon Creek 
(46.0665,-123.3043); Messing Creek (46.0339,-123.2260); Nehalem River 
(45.9019,-123.1442); Northrup Creek (46.0672,-123.4377); Oak Ranch Creek 
(45.9085,-123.0834); Sager Creek (45.9388,-123.4020); Unnamed (45.9039,-
123.2044); Unnamed (45.9067,-123.0595); Unnamed (45.9488,-123.2220); 
Unnamed (45.9629,-123.3845); Unnamed (45.9999,-123.1732); Unnamed 
(46.0088,-123.4508); Unnamed (46.0208,-123.4588); Unnamed (46.0236,-
123.2381); Unnamed (46.0308,-123.3135); Unnamed (46.0325,-123.4650); 
Unnamed (46.0390,-123.3648); Unnamed (46.0776,-123.3274); Unnamed 
(46.0792,-123.3409); Unnamed (46.0345,-123.2956); Warner Creek 
(46.0312,-123.3817); Wrong Way Creek (46.0789,-123.3142).
    (iii) Lower Nehalem River Watershed 1710020203. Outlet(s) = Nehalem 
River (Lat 45.7507, Long -123.6530) upstream to endpoint(s) in: Alder 
Creek (45.9069,-123.5907); Beaver Creek (45.8949,-123.6764); Big Creek 
(45.8655,-123.6476); Bull Heifer Creek (45.9908,-123.5322); Buster Creek 
(45.9306,-123.4165); Cedar Creek (45.8931,-123.6029); Cow Creek 
(45.8587,-123.5206); Crawford Creek (45.9699,-123.4725); Cronin Creek, 
Middle Fork (45.7719,-123.5747); Cronin Creek, North Fork (45.7795,-
123.6064); Cronin Creek, South Fork (45.7456,-123.5596); Destruction 
Creek (45.8750,-123.6571); East Humbug Creek (45.9454,-123.6358); 
Fishhawk Creek (45.9666,-123.5895); Fishhawk Creek (46.0224,-123.5374); 
George Creek (45.8461,-123.6226); George Creek (45.9118,-123.5766); 
Gilmore Creek (45.9609,-123.5372); Hamilton Creek (46.0034,-123.5881); 
Klines Creek (45.8703,-123.4908); Larsen Creek (45.8757,-123.5847); 
Little Fishhawk Creek (45.9256,-123.5501); Little Rock Creek (45.8886,-
123.4558); McClure Creek (45.8560,-123.6227); Moores Creek (45.8801,-
123.5178); Nehalem River (45.9838,-123.4214); Quartz Creek (45.8414,-
123.5184); Spruce Run Creek (45.8103,-123.6028); Squaw Creek (45.9814,-
123.4529); Stanley Creek (45.8861,-123.4352); Strum Creek (45.9321,-
123.4275); Trailover Creek (46.0129,-123.4976); Unnamed (45.8083,-
123.6280); Unnamed (45.8682,-123.6168); Unnamed (45.9078,-123.6630); 
Unnamed (45.9207,-123.4534); Unnamed (45.9405,-123.6338); Unnamed 
(45.9725,-123.5544); West Humbug Creek (45.9402,-123.6726); Walker Creek 
(45.9266,-123.4423); Walker Creek (46.0391,-123.5142); West Brook 
(45.9757,-123.4638).
    (iv) Salmonberry River Watershed 1710020204. Outlet(s) = Salmonberry 
River (Lat 45.7507, Long -123.6530) upstream to endpoint(s) in: Pennoyer 
Creek (45.7190,-123.4366); Salmonberry River (45.7248,-123.4436); 
Salmonberry River, North Fork (45.7181,-123.5204); Wolf Creek (45.6956,-
123.4485).
    (v) North Fork of Nehalem River Watershed 1710020205. Outlet(s) = 
Nehalem River, North Fork (Lat 45.7317, Long -123.8765) upstream to 
endpoint(s) in: Acey Creek (45.7823,-123.8292); Anderson Creek 
(45.7643,-123.9073); Big Rackheap Creek (45.7546,-123.8145); Boykin 
Creek (45.8030,-123.8595); Buchanan Creek (45.8270,-123.7901);

[[Page 853]]

Coal 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 854]]

(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 855]]

(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 856]]

(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 857]]

(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 858]]

(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 859]]

(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 860]]

(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 861]]

(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 862]]

(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 863]]

(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 864]]

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 865]]

(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 866]]

(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 867]]

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 868]]

    (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 869]]

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 870]]

(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 871]]

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 872]]

(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 873]]

(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 874]]

(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 875]]

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 876]]

(42.8232,-124.1704); Sixes River, Middle Fork (42.7651,-124.1782); Sixes 
River, North Fork (42.8878,-124.2320); South Fork Sixes River (42.8028,-
124.3022); Sugar Creek (42.8217,-124.2035); Unnamed (42.8189,-124.3567); 
Unnamed (42.7952,-124.3918); Unnamed (42.8276,-124.4629).
    (ii) New River Frontal Watershed 1710030604. Outlet(s) = New River 
(Lat 43.0007, Long-124.4557); Twomile Creek (43.0440,-124.4415) upstream 
to endpoint(s) in: Bethel Creek (42.9519,-124.3954); Boulder Creek 
(42.8574,-124.5050); Butte Creek (42.9458,-124.4096); Conner Creek 
(42.9814,-124.4215); Davis Creek (42.9657,-124.3968); Floras Creek 
(42.9127,-124.3963); Fourmile Creek (42.9887,-124.3077); Fourmile Creek, 
South Fork (42.9642,-124.3734); Langlois Creek (42.9238,-124.4570); 
Little Creek (43.0030,-124.3562); Long Creek (42.9828,-124.3770); Lower 
Twomile Creek (43.0223,-124.4080); Morton Creek (42.9437,-124.4234); New 
River (42.8563,-124.4602); North Fourmile Creek (42.9900,-124.3176); 
Redibough Creek (43.0251,-124.3659); South Twomile Creek (43.0047,-
124.3672); Spring Creek (43.0183,-124.4299); Twomile Creek (43.0100,-
124.3291); Unnamed (43.0209,-124.3386); Unnamed (43.0350,-124.3506); 
Unnamed (43.0378,-124.3481); Unnamed (43.0409,-124.3544); Unnamed 
(42.8714,-124.4586); Unnamed (42.9029,-124.4222); Unnamed (42.9031,-
124.4581); Unnamed (42.9294,-124.4421); Unnamed (42.9347,-124.4559); 
Unnamed (42.9737,-124.3363); Unnamed (42.9800,-124.3432); Unnamed 
(43.0058,-124.4066); Willow Creek (42.8880,-124.4505).
    (14) Maps of critical habitat for the Oregon Coast coho salmon ESU 
follow:

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    (t) Lower Columbia River Coho Salmon (Oncorhynchus kisutch). 
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 45.605237, Long -
121.633264); upstream to endpoint(s) in: Bear Creek (45.491952, -
121.648262); Cat Creek (45.470499, -121.555174); Dog River (45.447412, -
121.567406); East Fork Hood

[[Page 891]]

River (45.310783, -121.626954); East Fork Hood River (45.412671, -
121.570369); Evans Creek (45.486998, -121.590438); Graham Creek 
(45.551655, -121.567021); Griswell Creek (45.522055, -121.577151); 
Pinnacle Creek (45.460671, -121.656379); Pocket Creek (45.302362, -
121.597799); Tony Creek (45.540932, -121.644048); Yellowjacket Creek 
(45.502652, -121.561138).
    (ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West 
Fork Hood River (Lat 45.605237, Long -121.633264); upstream to 
endpoint(s) in: Green Point Creek (45.590219, -121.681893); McGee Creek 
(45.443322, -121.774845).
    (iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat 
45.712335, Long -121.508062); upstream to endpoint(s) in: Lenz Creek 
(45.627282, -121.527217); Unnamed (45.695827, -121.499524); Hood River 
(45.605237, -121.633264); Neal Creek (45.589032, -121.495443); West Fork 
Neal Creek (45.589791, -121.50157); Whiskey Creek (45.682589, -
121.507362).
    (iv) White Salmon River Watershed 1707010509. Outlet(s) = White 
Salmon River (Lat 45.722453, Long -121.522507); upstream to endpoint(s) 
in: White Salmon River (45.767475, -121.538582).
    (v) Little White Salmon River Watershed 1707010510. Outlet(s) = 
Little White Salmon River (Lat 45.709771, -121.648828); upstream to 
endpoint(s) in: Little White Salmon River (45.721722, -121.640905).
    (vi) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat 
45.708031, Long -121.7937); upstream to endpoint(s) in: Little Wind 
River (45.764902, -121.743713); Wind River (45.738012, -121.805768).
    (vii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = 
Columbia River (Lat 45.704232, Long -121.799197); upstream to 
endpoint(s) in: Unnamed (45.709771, -121.648828); Unnamed (45.71305, -
121.765469); Unnamed (45.717006, -121.775974); Unnamed (45.724676, -
121.733359); Dog Creek (45.711575, -121.670928); Gorton Creek 
(45.691091, -121.773139); Columbia River (45.712335, -121.508062); 
Lindsey Creek (45.686538, -121.716427); Perham Creek (45.694389, -
121.636322); Viento Creek (45.697116, -121.668995).
    (viii) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) = 
Unnamed (Lat 45.644489, Long -121.940679); upstream to endpoint(s) in: 
Unnamed (45.665271, -121.8177); Unnamed (45.667271, -121.849896); 
Unnamed (45.668788, -121.845446); Unnamed (45.681125, -121.861863); 
Unnamed (45.710132, -121.845697); Camp Creek (45.667436, -121.817935); 
Carson Creek (45.715784, -121.820829); Columbia River (45.704232, -
121.799197); Eagle Creek (45.636481, -121.918349); East Fork Herman 
Creek (45.653835, -121.814038); Herman Creek (45.65053, -121.819282); 
Kanaka Creek (45.703936, -121.886202); Nelson Creek (45.70486, -
121.863199); Ruckel Creek (45.646027, -121.920243).
    (2) Lower Columbia-Sandy Subbasin 17080001--(i) Salmon River 
Watershed 1708000101. Outlet(s) = Salmon River (Lat 45.247288, Long -
121.897384); upstream to endpoint(s) in: Unnamed (45.294351, -
121.93992); Unnamed (45.327567, -121.964685); Unnamed (45.333577, -
121.954887); Unnamed (45.343325, -121.993355); Bighorn Creek (45.261413, 
-121.920687); Boulder Creek (45.344594, -122.022551); Cheeney Creek 
(45.298138, -121.966984); Copper Creek (45.250573, -121.906523); Salmon 
River (45.250793, -121.903932); South Fork Salmon River (45.262376, -
121.94569); Welches Creek (45.322357, -121.96209); Little Cheney Creek 
(45.315925, -121.957706).
    (ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River 
(Lat 45.348502, Long -121.945268); upstream to endpoint(s) in: Unnamed 
(45.264488, -121.835176); Unnamed (45.309925, -121.867436); Little 
Zigzag Canyon (45.313577, -121.804646); Camp Creek (45.304981, -
121.813197); Cool Creek (45.292765, -121.884534); Henry Creek 
(45.328447, -121.895142); Lady Creek (45.319762, -121.823709); Still 
Creek (45.266162, -121.82967); Wind Creek (45.298307, -121.856182); 
Zigzag River (45.326883, -121.779753).
    (iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy 
River (Lat 45.348695, -121.945224); upstream to endpoint(s) in: Unnamed 
(45.375211, -121.831255); Unnamed (45.381082, -121.827389); Unnamed 
(45.38147, -121.902185); Unnamed (45.394711, -121.794578); Unnamed 
(45.399767, -121.901436); Unnamed (45.37727, -121.865508); Unnamed 
(45.393118, -121.862562); Unnamed (45.388254,

[[Page 892]]

-121.908771); Cast Creek (45.38071, -121.858383); Clear Creek 
(45.398769, -121.855261); Clear Fork (45.402752, -121.848249); Little 
Clear Creek (45.379681, -121.914907); Lost Creek (45.372028, -
121.818608); Minikahda Creek (45.36933, -121.94042); Sandy River 
(45.388349, -121.842458); Short Creek (45.376861, -121.863405).
    (iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy 
River (Lat 45.446429, Long -122.248369); upstream to endpoint(s) in: 
Unnamed (45.37949, -122.03096); Unnamed (45.386346, -122.036698); 
Unnamed (45.371975, -122.039565); Unnamed (45.380525, -122.033513); 
Alder Creek (45.376772, -122.100846); Bear Creek (45.336648, -
121.927798); Cedar Creek (45.404272, -122.252578); Hackett Creek 
(45.352288, -121.951609); North Boulder Creek (45.384502, -122.014263); 
Whisky Creek (45.377566, -122.128088); Wildcat Creek (45.370157, -
122.077485).
    (v) Bull Run River Watershed 1708000105. Outlet(s) = Bull Run River 
(Lat 45.445672, -122.247943); upstream to endpoint(s) in: Bull Run River 
(45.449500, -122.1536); Little Sandy River (45.408124, -122.066052).
    (vi) Washougal River Watershed 1708000106. Outlet(s) = Washougal 
River (Lat 45.581011, Long -122.408885); upstream to endpoint(s) in: 
Unnamed (45.58717, -122.413316); Unnamed (45.600016, -122.332175); 
Unnamed (45.611824, -122.242999); Unnamed (45.612809, -122.324998); 
Unnamed (45.620381, -122.345921); Unnamed (45.626874, -122.34346); 
Unnamed (45.627736, -122.256085); Unnamed (45.629474, -122.247482); 
Unnamed (45.638035, -122.292731); Unnamed (45.647483, -122.367738); 
Unnamed (45.648358, -122.334455); Unnamed (45.650547, -122.157413); 
Unnamed (45.653255, -122.275218); Unnamed (45.657929, -122.220622); 
Unnamed (45.659093, -122.207653); Unnamed (45.6692, -122.156539); 
Unnamed (45.670112, -122.34117); Unnamed (45.672008, -122.173594); 
Unnamed (45.674178, -122.299555); Unnamed (45.683465, -122.334825); 
Unnamed (45.696755, -122.315224); Unnamed (45.700417, -122.32238); 
Unnamed (45.708896, -122.266302); Unnamed (45.708947, -122.252235); 
Unnamed (45.720695, -122.249333); Unnamed (45.729294, -122.195616); 
Cougar Creek (45.651259, -122.268846); Dougan Creek (45.67684, -
122.153333); East Fork Little Washougal River (45.672014, -122.283888); 
Jackson Creek (45.675271, -122.254193); Jones Creek (45.689112, -
122.291063); Lacamas Creek (45.597039, -122.394477); Texas Creek 
(45.689165, -122.187421); Washougal River (45.67269, -122.153567); West 
Fork Washougal River (45.733609, -122.214819); Wildboy Creek (45.671, -
122.218436); Winkler Creek (45.632735, -122.261321); Hagen Creek 
(45.706875, -122.25864); Little Washougal River (45.676574, -
122.342287); Little Washougal River (45.653083, -122.347546); Winkler 
Creek (45.631081, -122.26165).
    (vii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) = 
Columbia River (Lat 45.573261, Long -122.397377); upstream to 
endpoint(s) in: Unnamed (45.548138, -122.351565); Unnamed (45.588566, -
122.294521); Unnamed (45.590912, -122.2823); Unnamed (45.593653, -
122.144297); Unnamed (45.596322, -122.298126); Unnamed (45.602186, -
122.045501); Unnamed (45.603278, -122.117957); Unnamed (45.60427, -
122.114465); Unnamed (45.604686, -122.111908); Unnamed (45.608658, -
122.034755); Unnamed (45.618526, -122.046564); Unnamed (45.627848, -
122.059877); Unnamed (45.644489, -121.940679); Unnamed (45.648055, -
121.973672); Unnamed (45.648286, -121.937896); Unnamed (45.651152, -
121.948423); Unnamed (45.663009, -121.945288); Unnamed (45.668112, -
121.944275); Unnamed (45.705738, -122.030562); Unnamed (45.706583, -
122.030264); Unnamed (45.712761, -122.031391); Bridal Veil Creek 
(45.554125, -122.180231); Campen Creek (45.588421, -122.32304); Coopey 
Creek (45.56249, -122.165304); Duncan Creek (45.668084, -122.087311); 
Gibbons Creek (45.578553, -122.280402); Greenleaf Creek (45.680477, -
121.961898); Hamilton Creek (45.724649, -122.025155); Hardy Creek 
(45.637053, -122.006906); Horsetail Creek (45.588381, -122.068121); 
Indian Mary Creek (45.626983, -122.08352); Latourell Creek (45.54047, -
122.218884); Lawton Creek (45.57449, -122.251177); Little Creek 
(45.644317, -122.037293); McCord Creek (45.611378, -121.994145); Moffett 
Creek (45.618491, -121.967182); Multnomah Creek (45.575938,

[[Page 893]]

-122.115489); Oneonta Creek (45.582044, -122.072688); Tanner Creek 
(45.629297, -121.954011); Tumalt Creek (45.609963, -122.029615); 
Wahkeena Creek (45.573123, -122.126812); Walton Creek (45.575513, -
122.26303); Woodward Creek (45.632266, -122.044788); Young Creek 
(45.546713, -122.198337); Hardy Creek (45.633735, -121.99603).
    (viii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy 
River (Lat 45.574301, Long -122.380188); upstream to endpoint(s) in: 
Unnamed (45.553991, -122.377876); Beaver Creek (45.497368, -122.360034); 
Big Creek (45.506685, -122.297833); Buck Creek (45.497012, -122.277464); 
Cat Creek (45.489237, -122.238503); Gordon Creek (45.502328, -
122.181652); Kelly Creek (45.513162, -122.396503); Middle Fork Beaver 
Creek (45.488652, -122.352533); Sandy River (45.446429, -122.248369); 
Trout Creek (45.481334, -122.27692).
    (ix) Salmon Creek Watershed 1708000109. Outlet(s) = Unnamed (Lat 
45.608827, Long -122.628396); Unnamed (45.782133, -122.770935); Unnamed 
(45.79137, -122.779096); Lake River (45.842318, -122.780058); Unnamed 
(45.583634, -122.493678); Unnamed (45.725544, -122.762187); Unnamed 
(45.708956, -122.765945); upstream to endpoint(s) in: Unnamed 
(45.597056, -122.48085); Unnamed (45.618497, -122.625455); Unnamed 
(45.692522, -122.750865); Unnamed (45.705359, -122.654729); Unnamed 
(45.736541, -122.738658); Unnamed (45.740616, -122.457587); Unnamed 
(45.741057, -122.541219); Unnamed (45.745405, -122.701278); Unnamed 
(45.750243, -122.641509); Unnamed (45.751664, -122.635603); Unnamed 
(45.758152, -122.697981); Unnamed (45.759293, -122.753826); Unnamed 
(45.760094, -122.420422); Unnamed (45.760678, -122.510984); Unnamed 
(45.763086, -122.392563); Unnamed (45.766128, -122.402833); Unnamed 
(45.768661, -122.410137); Unnamed (45.768856, -122.458956); Unnamed 
(45.771241, -122.481058); Unnamed (45.77272, -122.42969); Unnamed 
(45.779683, -122.608053); Unnamed (45.783976, -122.432545); Unnamed 
(45.785031, -122.709594); Unnamed (45.788669, -122.739027); Unnamed 
(45.796251, -122.438508); Unnamed (45.801421, -122.517285); Unnamed 
(45.807105, -122.454757); Unnamed (45.807885, -122.425007); Unnamed 
(45.808519, -122.754502); Unnamed (45.813822, -122.449343); Unnamed 
(45.817459, -122.771105); Unnamed (45.827212, -122.764666); Burnt Bridge 
Creek (45.660818, -122.511162); Cold Canyon (45.663287, -122.66699); 
Cougar Canyon Creek (45.707212, -122.682567); Curtin Creek (45.684387, -
122.586094); Flume Creek (45.779893, -122.71596); Lalonde Creek 
(45.707849, -122.642314); Little Salmon Creek (45.784979, -122.421225); 
Mill Creek (45.77898, -122.566195); Morgan Creek (45.751434, -
122.446616); Mud Creek (45.731816, -122.478143); Packard Creek 
(45.757922, -122.699539); Rock Creek (45.815043, -122.456123); Salmon 
Creek (45.757766, -122.424507); Weaver Creek (45.793553, -122.495211); 
Whipple Creek (45.734817, -122.657695).
    (3) Lewis Subbasin 17080002--(i) Upper Lewis River Watershed 
1708000201. Outlet(s) = Lewis River (Lat 46.069463, Long -122.006838); 
upstream to endpoint(s) in: Big Creek (46.094659, -121.913097); Chickoon 
Creek (46.148528, -121.878749); Crab Creek (46.141771, -121.890849); 
Curly Creek (46.057396, -121.970510); Cussed Hollow (46.148088, -
121.904757); Lewis River (46.154732, -121.880642); Little Creek 
(46.071497, -121.911930); Pepper Creek (46.076039, -121.986316); Rush 
Creek (46.050925, -121.905817); Spencer Creek (46.143417, -121.910603).
    (ii) Muddy River Watershed 1708000202. Outlet(s) = Muddy River (Lat 
46.069463, Long -122.006838); upstream to endpoint(s) in: Clear Creek 
(46.210439, -121.951602); Clearwater Creek (46.208811, -122.016938); 
Muddy River (46.180853, -122.070616); Smith Creek (46.229009, -
122.091210).
    (iii) Swift Reservoir Watershed 1708000203. Outlet(s) = Lewis River 
(46.061988, -122.192687); upstream to endpoint(s) in: Unnamed 
(46.067280, -122.031517); Unnamed (46.030884, -122.025805); Unnamed 
(46.021441, -122.094836); Unnamed (46.076975, -122.134548); Unnamed 
(46.096016, -122.067449); Drift Creek (45.992711, -122.064320); Lewis 
River (46.069463, -122.006838); Marble Creek (46.075248, -122.138077); 
Pine Creek (46.123411, -122.079154); Range Creek (46.028641, -
122.121759); Swift Creek (46.090717, -122.205248).

[[Page 894]]

    (iv) Yale Reservoir Watershed 1708000204. Outlet(s) = Lewis River 
(Lat 45.966180, Long -122.334825); upstream to endpoint(s) in: Dog Creek 
(46.061456, -122.317143); Cougar Creek (46.071149, -122.269881); Lewis 
River (46.061988, -122.192687); Ole Creek (46.049968, -122.239259); 
Panamaker Creek (46.076309, -122.298414); Rain Creek (46.041972, -
122.204391).
    (v) East Fork Lewis River Watershed 1708000205. Outlet(s) = Gee 
Creek (Lat 45.846474, Long -122.784009); East Fork Lewis River 
(45.865974, -122.720015); upstream to endpoint(s) in: Unnamed 
(45.780025, -122.60805); Unnamed (45.794783, -122.698153); Unnamed 
(45.801134, -122.682844); Unnamed (45.804692, -122.580745); Unnamed 
(45.807413, -122.629756); Unnamed (45.814729, -122.56657); Unnamed 
(45.816914, -122.575875); Unnamed (45.822904, -122.708092); Unnamed 
(45.823983, -122.639331); Unnamed (45.828994, -122.605197); Unnamed 
(45.835126, -122.485374); Unnamed (45.836667, -122.650975); Unnamed 
(45.837829, -122.469846); Unnamed (45.846989, -122.749763); Unnamed 
(45.847364, -122.649785); Unnamed (45.848031, -122.441525); Unnamed 
(45.849976, -122.524001); Unnamed (45.853522, -122.598543); Unnamed 
(45.855146, -122.593372); Unnamed (45.859839, -122.612419); Unnamed 
(45.861417, -122.70149); Unnamed (45.866041, -122.5784); Unnamed 
(45.866516, -122.575586); Unnamed (45.867718, -122.647281); Unnamed 
(45.869512, -122.678967); Unnamed (45.872474, -122.647396); Unnamed 
(45.875583, -122.487609); Unnamed (45.881115, -122.478516); Unnamed 
(45.905677, -122.519797); Allen Creek (45.827926, -122.698134); Basket 
Creek (45.832585, -122.459163); Brezee Creek (45.880461, -122.655871); 
East Fork Lewis River (45.839345, -122.447538); Gee Creek (45.791622, -
122.674464); Jenny Creek (45.870366, -122.700692); Lockwood Creek 
(45.8722, -122.612928); Mason Creek (45.865932, -122.544237); McCormick 
Creek (45.851953, -122.691964); Riley Creek (45.872133, -122.62657); 
Unnamed Creek (45.843693, -122.648975).
    (vi) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River 
(Lat 45.855546, Long -122.775762); upstream to endpoint(s) in: Unnamed 
(45.870633, -122.756138); Unnamed (45.88666, -122.723102); Unnamed 
(45.892632, -122.422093); Unnamed (45.893766, -122.438283); Unnamed 
(45.901311, -122.727541); Unnamed (45.919994, -122.535139); Unnamed 
(45.920149, -122.456867); Unnamed (45.920747, -122.693543); Unnamed 
(45.923838, -122.424899); Unnamed (45.924295, -122.37431); Unnamed 
(45.928026, -122.689314); Unnamed (45.929363, -122.504918); Unnamed 
(45.939172, -122.41088); Unnamed (45.941429, -122.704591); Unnamed 
(45.942762, -122.671288); Unnamed (45.943605, -122.620229); Unnamed 
(45.944513, -122.644954); Unnamed (45.947599, -122.643073); Bitter Creek 
(45.913105, -122.460482); Brush Creek (45.927783, -122.468661); Cedar 
Creek (45.906562, -122.381815); Chelatchie Creek (45.935564, -
122.379567); Colvin Creek (45.939847, -122.609332); Houghton Creek 
(45.951179, -122.634346); John Creek (45.943278, -122.477146); Johnson 
Creek (45.953443, -122.61949); Lewis River (45.966180, -122.334825); 
North Fork Chelatchie Creek (45.945494, -122.393811); Pup Creek 
(45.948425, -122.525655); Robinson Creek (45.936812, -122.725723); Ross 
Creek (45.94883, -122.703391); Staples Creek (45.942126, -122.667681).
    (4) Lower Columbia-Clatskanie Subbasin 17080003--(i) Kalama River 
Watershed 1708000301. Outlet(s) = Burris Creek (Lat 45.892513, Long -
122.790279); Bybee Creek (45.966376, -122.816532); Kalama River 
(46.03393, -122.870595); Mill Creek (45.95816, -122.803634); Schoolhouse 
Creek (45.978378, -122.829247); Unnamed (45.999928, -122.848159); 
upstream to endpoint(s) in: Unnamed (45.903312, -122.780386); Unnamed 
(45.934119, -122.781977); Unnamed (45.977147, -122.825526); Unnamed 
(45.993614, -122.813527); Unnamed (46.043843, -122.856105); Burke Creek 
(45.94516, -122.775084); Burke Slough (45.924545, -122.797017); Burris 
Creek (45.932376, -122.743342); Bybee Creek (45.969366, -122.814717); 
Cedar Creek (46.03313, -122.812264); Hatchery Creek (46.049047, -
122.801448); Indian Creek (46.049668, -122.752333); Indian Creek 
(46.0452, -122.752907); Kalama River (46.025868, -122.739474); Mill

[[Page 895]]

Creek (45.961948, -122.795944); Schoolhouse Creek (45.981238, -
122.825927); Spencer Creek (46.025203, -122.829696).
    (ii) Beaver Creek/Columbia River Watershed 1708000302. Outlet(s) = 
Beaver Slough (Lat 46.121253, Long -123.22089); Fox Creek (46.092512, -
122.938467); Goble Creek (46.020615, -122.876532); Green Creek 
(46.166661, -123.099119); Tide Creek (45.994307, -122.866712); upstream 
to endpoint(s) in: Unnamed (45.914995, -122.870367); Unnamed (45.985132, 
-122.928842); Unnamed (46.0165, -122.963794); Unnamed (46.019529, -
122.944997); Unnamed (45.919698, -122.809782); Beaver Creek (46.104384, 
-123.124089); Fox Creek (46.069709, -122.937725); Goble Creek 
(46.006921, -122.989536); Green Creek (46.143721, -123.074477); McBride 
Creek (45.889718, -122.827703); Merrill Creek (45.908708, -122.887674); 
North Fork Stewart Creek (46.134963, -123.142788); South Fork Goble 
Creek (45.967146, -122.912205); Stewart Creek (46.121924, -123.134473); 
Tide Creek (45.998871, -123.005909).
    (iii) Clatskanie River Watershed 1708000303. Outlet(s) = Beaver 
Slough (Lat 46.139926, Long -123.230807); upstream to endpoint(s) in: 
Unnamed (45.871279, -123.016852); Unnamed (46.057, -123.256303); Unnamed 
(46.095794, -123.22606); Beaver Slough (46.121253, -123.22089); Carcus 
Creek (45.988589, -123.087952); Clatskanie River (45.878919, -122.9959); 
Conyers Creek (46.056042, -123.241614); Dribble Creek (45.902229, -
123.009241); Fall Creek (46.10887, -123.212892); Keystone Creek 
(46.075658, -123.145555); Little Clatskanie River (45.914012, -
122.995923); Merril Creek (46.081981, -123.187026); Miller Creek 
(46.043933, -123.146664); North Fork Clatskanie River (46.028796, -
123.052308); Page Creek (46.04337, -123.126689); Perkins Creek 
(46.045692, -123.202675).
    (iv) Germany/Abernathy Watershed 1708000304. Outlet(s) = Abernathy 
Creek (46.190946, -123.16764); Coal Creek Slough (46.189618, -
123.116548); Germany Creek (46.190472, -123.124221); Mill Creek (Lat 
46.188644, Long -123.175717); upstream to endpoint(s) in: Unnamed 
(46.174387, -123.284405); Unnamed (46.177806, -123.244713); Unnamed 
(46.179048, -123.28534); Unnamed (46.179783, -123.014957); Unnamed 
(46.199235, -123.017367); Unnamed (46.209772, -123.250435); Unnamed 
(46.210569, -123.02174); Unnamed (46.2212, -123.233862); Unnamed 
(46.230005, -123.243579); Unnamed (46.23735, -123.217724); Unnamed 
(46.257704, -123.211771); Unnamed (46.260394, -123.156937); Unnamed 
(46.282123, -123.215419); Unnamed (46.28956, -123.229955); Unnamed 
(46.302937, -123.18012); Unnamed (46.30502, -123.175317); Unnamed 
(46.313744, -123.186815); Unnamed (46.315329, -123.111068); Unnamed 
(46.318441, -123.123571); Unnamed (46.329631, -123.132487); Abernathy 
Creek (46.298183, -123.20799); Cameron Creek (46.266183, -123.196747); 
Coal Creek (46.214039, -123.020114); Erick Creek (46.283486, -
123.165659); Germany Creek (46.323938, -123.150029); Harmony Creek 
(46.191588, -123.045625); Hunter Creek (46.200371, -123.277768); Midway 
Creek (46.280132, -123.179387); North Fork Mill Creek (46.237142, -
123.227829); Ordway Creek (46.312588, -123.1944); Slide Creek 
(46.251167, -123.180153); South Fork Mill Creek (46.184454, -
123.282779); Spruce Creek (46.19379, -123.270758); Wiest Creek 
(46.27626, -123.159368).
    (v) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) = Birnie 
Creek (Lat 46.200249, Long -123.388149); Elochoman River (46.22667, -
123.400822); Jim Crow Creek (46.266028, -123.552297); Skamokawa Creek 
(46.268566, -123.45637); upstream to endpoint(s) in: Unnamed (46.225162, 
-123.303945); Unnamed (46.242407, -123.369715); Unnamed (46.264248, -
123.311602); Unnamed (46.268968, -123.328113); Unnamed (46.27795, -
123.384622); Unnamed (46.281109, -123.369818); Unnamed (46.294907, -
123.320218); Unnamed (46.299508, -123.553063); Unnamed (46.30403, -
123.499255); Unnamed (46.30564, -123.54826); Unnamed (46.320411, -
123.244937); Unnamed (46.320842, -123.35815); Unnamed (46.325433, -
123.281587); Unnamed (46.328108, -123.296011); Unnamed (46.33764, -
123.44219); Unnamed (46.337892, -123.462614); Unnamed (46.34415, -
123.256674); Unnamed (46.347782, -123.392349); Unnamed (46.349787, -
123.211987); Unnamed (46.351596, -123.313042); Unnamed (46.35173, -
123.19359);

[[Page 896]]

Unnamed (46.360802, -123.261039); Unnamed (46.364365, -123.276383); 
Unnamed (46.368463, -123.242642); Unnamed (46.377205, -123.262108); 
Unnamed (46.382024, -123.242299); Unnamed (46.386679, -123.223722); 
Unnamed (46.303663, -123.365059); Unnamed (46.311328, -123.478976); 
Unnamed (46.306534, -123.546046); Beaver Creek (46.216566, -123.297152); 
Bell Canyon Creek (46.288173, -123.405772); Birnie Creek (46.204016, -
123.384532); Cadman Creek (46.302299, -123.508597); Clear Creek 
(46.260761, -123.300874); Duck Creek (46.265653, -123.337856); East Fork 
Elochoman River (46.378345, -123.193512); Falk Creek (46.321532, -
123.381397); Fink Creek (46.276734, -123.570228); Jim Crow Creek 
(46.312074, -123.539923); Kelly Creek (46.32257, -123.48111); Left Fork 
Skamokawa Creek (46.339453, -123.470344); Longtain Creek (46.25861, -
123.369188); McDonald Creek (46.346651, -123.382328); Nelson Creek 
(46.257717, -123.35252); North Fork Elochoman River (46.375393, -
123.284959); Otter Creek (46.388034, -123.217495); Pollard Creek 
(46.307613, -123.412558); Quarry Creek (46.337806, -123.42712); Risk 
Creek (46.25136, -123.399855); Rock Creek (46.277795, -123.275871); 
Standard Creek (46.333628, -123.357041); West Fork Elochoman River 
(46.351711, -123.329823); West Fork Skamokawa Creek (46.327805, -
123.498954); West Valley Creek (46.291358, -123.51591); Wilson Creek 
(46.31583, -123.328008); Unnamed Creek (46.306534, -123.546046); Unnamed 
Creek (46.311328, -123.478976); Unnamed Creek (46.386679, -123.223722); 
Unnamed Creek (46.303663, -123.365059).
    (vi) Plympton Creek Watershed 1708000306. Outlet(s) = Hunt Creek 
(Lat 46.202277, Long -123.445724); Westport Slough (46.143868, -
123.383472); upstream to endpoint(s) in: Eilertsen Creek (46.099706, -
123.328684); Graham Creek (46.09157, -123.277339); Hunt Creek 
(46.120882, -123.428478); Ok Creek (46.099703, -123.321777); Olsen Creek 
(46.101357, -123.360299); Plympton Creek (46.127423, -123.391111); Ross 
Creek (46.108505, -123.368667); Tandy Creek (46.102255, -123.293854); 
West Creek (46.121298, -123.373425); Westport Slough (46.124151, -
123.245135).
    (5) Upper Cowlitz Subbasin 17080004--(i) Headwaters Cowlitz River 
Watershed 1708000401. Outlet(s) = Cowlitz River (Lat 46.657731, Long -
121.604374); upstream to endpoint(s) in: Unnamed (46.675388, -
121.580086); Clear Fork Cowlitz River (46.684326, -121.568004); Muddy 
Fork Cowlitz River (46.696095, -121.617841); Ohanapecosh River 
(46.68812, -121.582120); Purcell Creek (46.671171, -121.587667).
    (ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz 
River (46.576161, -121.706256); Johnson Creek (Lat 46.575836, Long -
121.705564); upstream to endpoint(s) in: Unnamed (46.62375, -
121.671832); Unnamed (46.641142, -121.654691); Unnamed (46.654671, -
121.631508); Unnamed (46.692847, -121.803752); Butter Creek (46.646075, 
-121.675424); Coal Creek (46.643541, -121.611604); Cowlitz River 
(46.657731, -121.604374); Hall Creek (46.60701, -121.662269); Hinkle 
Tinkle Creek (46.651852, -121.63912); Johnson Creek (46.555366, -
121.639734); Lake Creek (46.623804, -121.61673); Skate Creek (46.684892, 
-121.806283).
    (iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) = 
Cowlitz River (Lat 46.476278, Long -122.096306); upstream to endpoint(s) 
in: Unnamed (46.489922, -122.083268); Unnamed (46.518735, -121.858756); 
Burton Creek (46.541954, -121.750428); Cowlitz River (46.576161, -
121.706256); Cunningham Creek (46.512691, -121.844636); Davis Creek 
(46.527807, -121.827406); Dry Creek (46.560084, -121.705732); Garrett 
Creek (46.523043, -121.773614); Hampton Creek (46.537971, -121.939923); 
Hopkin Creek (46.53512, -121.841854); Johnson Creek (Lat 46.575836, Long 
-121.705564); Kilborn Creek (46.507622, -121.801739); Kiona Creek 
(46.564304, -122.049702); Miller Creek (46.539348, -121.960377); Oliver 
Creek (46.543328, -121.993492); Peters Creek (46.538087, -121.983762); 
Schooley Creek (46.500722, -121.964414); Sethe Creek (46.534578, -
121.867518); Siler Creek (46.492992, -121.911187); Silver Creek 
(46.55632, -121.91673); Smith Creek (46.561932, -121.693911); Surrey 
Creek (46.543475, -121.888707); Willame Creek (46.580526, -121.733077).
    (iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus 
River (Lat 46.443752, Long -121.798269); upstream to endpoint(s) in: 
Cispus River (46.344891, -121.68424); East Canyon Creek (46.347337, -
121.703867); North

[[Page 897]]

Fork Cispus River (46.435538, -121.657768); Twin Creek (46.374273, -
121.729578).
    (v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus 
River (Lat 46.476761, Long -122.095709); upstream to endpoint(s) in: 
Unnamed (46.430554, -121.825682); Unnamed (46.455387, -121.954511); 
Unnamed (46.465418, -121.958732); Unnamed (46.452951, -122.046625); Ames 
Creek (46.466423, -121.918257); Camp Creek (46.449033, -121.832281); 
Cispus River (Lat 46.443752, Long -121.798269); Copper Canyon Creek 
(46.467296, -122.082101); Covell Creek (46.431961, -121.851825); Crystal 
Creek (46.445224, -122.024601); Dry Creek (46.452466, -121.852225); 
Greenhorn Creek (46.421576, -121.905397); Iron Creek (46.38938, -
121.971317); McCoy Creek (46.389343, -121.822002); Quartz Creek 
(46.42561, -122.053071); Woods Creek (46.475527, -121.949635); 
Yellowjacket Creek (46.386924, -121.834674).
    (6) Cowlitz Subbasin 17080005--(i) Tilton River Watershed 
1708000501. Outlet(s) = Tilton River (Lat 46.543356, Long -122.533164); 
upstream to endpoint(s) in: Unnamed (46.588777, -122.17989); Unnamed 
(46.608368, -122.314024); Unnamed (46.595355, -122.27852); Coal Creek 
(46.573383, -122.243464); Connelly Creek (46.603783, -122.316111); Coon 
Creek (46.615117, -122.275972); Eagle Creek (46.653164, -122.259058); 
East Fork Tilton River (46.594049, -122.170519); Jesse Creek (46.644485, 
-122.414873); Johnson Creek (46.531381, -122.237744); Little Creek 
(46.666231, -122.404381); Minnie Creek (46.539791, -122.234089); 
Nineteen Creek (46.599433, -122.22251); Otter Creek (46.620348, -
122.409391); Rockies Creek (46.642452, -122.399153); Snow Creek 
(46.620326, -122.266924); South Fork Tilton Creek (46.564501, -
122.161837); Tilton River (46.624549, -122.215133); Trout Creek 
(46.65834, -122.25936); Wallanding Creek (46.621001, -122.372088); West 
Fork Tilton River (46.658406, -122.308887); Winnie Creek (46.654766, -
122.420066).
    (ii) Riffe Reservoir Watershed 1708000502. Outlet(s) = Cowlitz River 
(Lat 46.5031, Long -122.588332); upstream to endpoint(s) in: Cowlitz 
River (46.476278, -122.096306); Winston Creek (46.459003, -122.370859).
    (iii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz 
River (Lat 46.367511, Long -122.934945); upstream to endpoint(s) in: 
Unnamed (46.383522, -122.679974); Unnamed (46.383941, -122.725937); 
Unnamed (46.385081, -122.705907); Unnamed (46.387856, -122.695831); 
Unnamed (46.39224, -122.75946); Unnamed (46.399666, -122.898638); 
Unnamed (46.400754, -122.733303); Unnamed (46.409488, -122.589866); 
Unnamed (46.410097, -122.680278); Unnamed (46.410422, -122.708726); 
Unnamed (46.411433, -122.756574); Unnamed (46.413363, -122.783988); 
Unnamed (46.417067, -122.637699); Unnamed (46.424466, -122.818117); 
Unnamed (46.427206, -122.613403); Unnamed (46.428381, -122.643499); 
Unnamed (46.429253, -122.83625); Unnamed (46.431112, -122.808741); 
Unnamed (46.440469, -122.519079); Unnamed (46.445258, -122.867273); 
Unnamed (46.449715, -122.529087); Unnamed (46.450991, -122.871663); 
Unnamed (46.472774, -122.686245); Unnamed (46.488493, -122.807753); 
Unnamed (46.517532, -122.654378); Unnamed (46.5309, -122.820885); 
Unnamed (46.533357, -122.758003); Unnamed (46.542935, -122.748007); 
Unnamed (46.464970, -122.610288); Unnamed (46.448115, -122.654992); 
Unnamed (46.442894, -122.667057); Unnamed (46.442944, -122.700366); 
Unnamed (46.465822, -122.580513); Unnamed (46.449279, -122.605026); Bear 
Creek (46.463967, -122.913037); Blue Creek (46.488339, -122.726491); 
Brights Creek (46.496407, -122.605179); Cedar Creek (46.482264, -
122.580944); Coon Creek (46.445182, -122.895851); Cougar Creek 
(46.393389, -122.795962); Cowlitz River (46.5031, -122.588332); Foster 
Creek (46.40711, -122.890926); Hopkey Creek (46.459049, -122.554437); 
Jones Creek (46.518881, -122.675281); Lacamas Creek (46.556204, -
122.688969); Little Salmon Creek (46.439872, -122.747395); Mill Creek 
(46.517371, -122.622126); Mill Creek (46.502438, -122.803167); North 
Fork Cedar Creek (46.462224, -122.673900); Otter Creek (46.479854, -
122.700841); Pin Creek (46.411782, -122.832479); Rapid Creek (46.432098, 
-122.547553); Skook Creek (46.474731, -122.757751); Unnamed Creek 
(46.515124, -122.681226).

[[Page 898]]

    (iv) North Fork Toutle River Watershed 1708000504. Outlet(s) = North 
Fork Toutle River (Lat 46.371819, Long -122.585848); upstream to 
endpoint(s) in: Unnamed (46.292893, -122.508359); Unnamed (46.294391, -
122.526416); Unnamed (46.317597, -122.321791); Unnamed (46.321385, -
122.488684); Unnamed (46.331761, -122.316562); Bear Creek (46.309744, -
122.430749); Hoffstadt Creek (46.319718, -122.325454).
    (v) Green River Watershed 1708000505. Outlet(s) = North Fork Toutle 
River (Lat 46.366681, Long -122.587092); upstream to endpoint(s) in: 
Unnamed (46.332935, -122.298073); Unnamed (46.33485, -122.279213); 
Unnamed (46.355641, -122.205783); Unnamed (46.359811, -122.326801); 
Unnamed (46.373265, -122.389499); Unnamed (46.38427, -122.434721); 
Unnamed (46.387374, -122.488301); Unnamed (46.402102, -122.555537); 
Unnamed (46.40583, -122.542922); Unnamed (46.408718, -122.507384); 
Unnamed (46.410468, -122.431267); Unnamed (46.412392, -122.451557); 
Unnamed (46.416538, -122.283286); Unnamed (46.42, -122.292272); Unnamed 
(46.422599, -122.304017); Unnamed (46.428205, -122.267496); Beaver Creek 
(46.405735, -122.568826); Cascade Creek (46.417916, -122.331675); Devils 
Creek (46.401481, -122.409722); Elk Creek (46.41719, -122.250256); Green 
River (46.394118, -122.205161); Jim Creek (46.388361, -122.526853); 
Miners Creek (46.349143, -122.194242); Shultz Creek (46.344058, -
122.275039); Tradedollar Creek (46.376142, -122.23987).
    (vi) South Fork Toutle River Watershed 1708000506. Outlet(s) = 
Toutle River (Lat 46.329223, Long -122.725131); upstream to endpoint(s) 
in: Unnamed (46.185704, -122.299471); Unnamed (46.186193, -122.40715); 
Unnamed (46.188524, -122.445753); Unnamed (46.199665, -122.471338); 
Unnamed (46.201636, -122.296552); Unnamed (46.206594, -122.331284); 
Unnamed (46.21036, -122.431482); Unnamed (46.21081, -122.427763); 
Unnamed (46.210915, -122.428229); Unnamed (46.211429, -122.279573); 
Unnamed (46.215533, -122.347972); Unnamed (46.223287, -122.327701); 
Unnamed (46.223773, -122.524201); Unnamed (46.226916, -122.337898); 
Unnamed (46.227233, -122.373391); Unnamed (46.238958, -122.490827); 
Unnamed (46.243346, -122.38038); Unnamed (46.245202, -122.629903); 
Unnamed (46.258398, -122.534433); Unnamed (46.260587, -122.550523); 
Unnamed (46.261618, -122.571707); Unnamed (46.268347, -122.577391); 
Unnamed (46.287125, -122.685581); Unnamed (46.292576, -122.659948); 
Unnamed (46.295532, -122.596926); Unnamed (46.296678, -122.585207); 
Unnamed (46.297388, -122.614534); Unnamed (46.310391, -122.606122); 
Unnamed (46.311754, -122.626346); Unnamed (46.312178, -122.704274); 
Unnamed (46.321553, -122.649148); Bear Creek (46.187484, -122.431406); 
Big Wolf Creek (46.225469, -122.567295); Brownell Creek (46.280407, -
122.649708); Disappointment Creek (46.213614, -122.309153); Eighteen 
Creek (46.244881, -122.600184); Harrington Creek (46.247692, -
122.419362); Johnson Creek (46.306181, -122.579585); Sheep Canyon 
(46.206343, -122.268258); South Fork Toutle River (46.209387, -
122.263037); Studebaker Creek (46.28238, -122.681733); Thirteen Creek 
(46.237634, -122.624229); Trouble Creek (46.182362, -122.387761); Twenty 
Creek (46.232994, -122.5836); North Fork Toutle River (46.328728, -
122.722386); Whitten Creek (46.203701, -122.502013).
    (vii) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River 
(46.265795, -122.915793); upstream to endpoint(s) in: Unnamed 
(46.241179, -122.990022); Unnamed (46.247733, -123.018044); Unnamed 
(46.247998, -122.777916); Unnamed (46.260464, -122.956364); Unnamed 
(46.263008, -123.020122); Unnamed (46.263983, -122.930316); Unnamed 
(46.266093, -122.981616); Unnamed (46.27194, -122.770063); Unnamed 
(46.281159, -122.760238); Unnamed (46.287658, -122.906283); Unnamed 
(46.289048, -122.963514); Unnamed (46.302765, -123.0657); Unnamed 
(46.307415, -122.93938); Unnamed (46.313054, -122.816361); Unnamed 
(46.314382, -122.943084); Unnamed (46.314535, -123.010247); Unnamed 
(46.315942, -122.865345); Unnamed (46.317235, -122.896545); Unnamed 
(46.319898, -122.814207); Unnamed (46.320644, -122.892218); Unnamed 
(46.322067, -122.814053); Unnamed (46.32332, -122.859461); Unnamed 
(46.323446, -122.886965); Unnamed (46.326968,

[[Page 899]]

-123.025803); Unnamed (46.328758, -122.817082); Unnamed (46.329235, -
122.909613); Unnamed (46.334118, -122.817188); Unnamed (46.334241, -
123.017807); Unnamed (46.336993, -122.893299); Unnamed (46.337756, -
122.611236); Unnamed (46.337802, -122.940117); Unnamed (46.339026, -
122.940678); Unnamed (46.343885, -122.762274); Unnamed (46.34681, -
122.946071); Unnamed (46.348905, -122.769029); Unnamed (46.349667, -
123.053432); Unnamed (46.350564, -122.799855); Unnamed (46.358221, -
123.038147); Unnamed (46.358277, -122.791338); Unnamed (46.3604, -
122.696281); Unnamed (46.360599, -122.736153); Unnamed (46.36403, -
123.005163); Unnamed (46.36632, -122.634646); Unnamed (46.366869, -
122.89658); Unnamed (46.368123, -122.894117); Unnamed (46.374172, -
122.622494); Unnamed (46.375592, -123.099965); Unnamed (46.380427, -
122.610242); Unnamed (46.38163, -122.883768); Unnamed (46.38939, -
123.065756); Unnamed (46.394019, -122.98067); Unnamed (46.401297, -
123.028366); Unnamed (46.41997, -123.040973); Unnamed (46.428911, -
123.047482); Unnamed (46.43562, -123.045801); Unnamed (46.437797, -
122.999776); Unnamed (46.460336, -123.01792); Unnamed (46.472152, -
122.999706); Unnamed (46.508924, -122.885928); Unnamed (46.522845, -
122.854611); Unnamed (46.534744, -122.980706); Unnamed (46.537092, -
122.823206); Unnamed (46.543646, -122.855197); Arkansas Creek 
(46.334118, -123.054814); Baxter Creek (46.335963, -122.985106); Becker 
Creek (46.366541, -123.077711); Brim Creek (46.444408, -123.040408); 
Campbell Creek (46.345799, -123.069223); Cline Creek (46.339582, -
122.856216); Cowlitz River (46.367511, -122.934945); Cowlitz River 
(46.280749, -122.908759); Cowlitz River (46.270301, -122.918872); Curtis 
Creek (46.479675, -122.978296); Delameter Creek (46.27323, -123.020718); 
Duffy Creek (46.436886, -122.972934); Ferrier Creek (46.469037, -
122.92969); Hemlock Creek (46.258298, -122.728132); Hill Creek 
(46.385982, -122.887561); King Creek (46.528608, -123.017282); Monahan 
Creek (46.304091, -123.062738); North Fork Brim Creek (46.461931, -
123.022977); North Fork Toutle River (46.366681, -122.587092); Olequa 
Creek (46.522827, -122.88994); Owens Creek (46.39917, -123.045965); Rock 
Creek (46.347737, -122.815672); Rock Creek (46.36466, -122.979025); Snow 
Creek (46.448627, -122.9822); Stankey Creek (46.325726, -122.827854); 
Stillwater Creek (46.376492, -123.114458); Sucker Creek (46.257038, -
122.763973); Toutle River (46.329223, -122.725131); Tucker Creek 
(46.256345, -123.017401); Whittle Creek (46.313257, -122.951576); 
Unnamed Creek (46.365968, -123.078372); Unnamed Creek (46.366574, -
122.6278); Unnamed Creek (46.322752, -122.727564); Unnamed Creek 
(46.358525, -122.749069); Wyant Creek (46.348562, -122.655808).
    (viii) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River (Lat 
46.09677, Long -122.917179); Owl Creek (46.076672, -122.869072); 
upstream to endpoint(s) in: Unnamed (46.07177, -122.861942); Unnamed 
(46.080968, -122.726324); Unnamed (46.082482, -122.722033); Unnamed 
(46.08384, -122.719656); Unnamed (46.103901, -122.735682); Unnamed 
(46.11823, -122.725869); Unnamed (46.128746, -122.897993); Unnamed 
(46.133211, -122.702488); Unnamed (46.134412, -122.877742); Unnamed 
(46.134559, -122.874501); Unnamed (46.137294, -122.570127); Unnamed 
(46.140549, -122.616015); Unnamed (46.142157, -122.858404); Unnamed 
(46.142862, -122.813885); Unnamed (46.143869, -122.609969); Unnamed 
(46.147673, -122.866141); Unnamed (46.151541, -122.875978); Unnamed 
(46.157716, -122.6488); Unnamed (46.162608, -122.527406); Unnamed 
(46.164373, -122.573871); Unnamed (46.16697, -122.62965); Unnamed 
(46.169603, -122.912787); Unnamed (46.173346, -122.82947); Unnamed 
(46.174933, -122.844098); Unnamed (46.175151, -122.934081); Unnamed 
(46.175276, -122.532665); Unnamed (46.175583, -122.668586); Unnamed 
(46.180534, -122.898644); Unnamed (46.181396, -122.766774); Unnamed 
(46.183838, -122.820311); Unnamed (46.188804, -122.78364); Unnamed 
(46.193597, -122.911471); Unnamed (46.196887, -122.713022); Unnamed 
(46.20058, -122.827779); Unnamed (46.201892, -122.695345); Unnamed 
(46.202726, -122.560647); Unnamed (46.213243, -122.666442); Unnamed 
(46.217243, -122.951394);

[[Page 900]]

Unnamed (46.219673, -122.838549); Unnamed (46.220679, -122.889953); 
Unnamed (46.223168, -122.968869); Unnamed (46.226103, -122.771549); 
Unnamed (46.226208, -122.803239); Unnamed (46.237678, -122.887353); 
Unnamed (46.242901, -122.885918); Baird Creek (46.194037, -122.549476); 
Brown Creek (46.138569, -122.581603); Butler Creek (46.148896, -
122.518149); Coweeman River (46.150297, -122.51847); Cowlitz River 
(46.265795, -122.915793); Goble Creek (46.109525, -122.68388); Hill 
Creek (46.178271, -122.600223); Jim Watson Creek (46.177642, -
122.74165); Leckler Creek (46.231526, -122.948175); Little Baird Creek 
(46.190281, -122.572141); Mulholland Creek (46.201136, -122.646167); 
Nineteen Creek (46.140604, -122.623774); North Fork Goble Creek 
(46.136853, -122.680068); Nye Creek (46.121737, -122.805205); Ostrander 
Creek (46.210956, -122.764306); Owl Creek (46.091102, -122.865692); Owl 
Creek (46.076526, -122.861672); Salmon Creek (46.254572, -122.885114); 
Sam Smith Creek (46.165941, -122.725633); Sandy Bend Creek (46.231734, -
122.915112); Skipper Creek (46.169104, -122.577264); South Fork 
Ostrander Creek (46.184505, -122.826132); Turner Creek (46.116534, -
122.816196).
    (7) Lower Columbia Subbasin 17080006--(i) Youngs River Watershed 
1708000601. Outlet(s) = Lewis and Clark River (Lat 46.157276, Long -
123.8567); Adair Slough (46.164573, -123.890158); Youngs River 
(46.168659, -123.838128); Skipanon Waterway (46.183693, -123.907231); 
Alder Creek (46.183694, -123.923138); upstream to endpoint(s) in: 
Unnamed (45.961144, -123.760693); Unnamed (45.975677, -123.784472); 
Unnamed (45.987168, -123.864135); Unnamed (46.075646, -123.74625); 
Unnamed (46.074307, -123.722161); Unnamed (46.081494, -123.687949); 
Unnamed (46.098839, -123.782036); Unnamed (46.101257, -123.777885); 
Unnamed (46.101582, -123.791448); Unnamed (46.104561, -123.790689); 
Unnamed (46.105278, -123.778981); Unnamed (46.115179, -123.862193); 
Unnamed (46.11823, -123.798015); Unnamed (46.125146, -123.900778); 
Unnamed (46.133731, -123.821982); Unnamed (46.155148, -123.772037); 
Unnamed (46.163155, -123.798112); Unnamed (45.956438, -123.752083); 
Unnamed (45.992690, -123.779916); Unnamed (46.079767, -123.848993); 
Unnamed (46.081156, -123.752043); Unnamed (46.098781, -123.713321); 
Unnamed (46.11386, -123.748487); Abercrombie Creek (46.087084, -
123.88937); Adair Slough (46.153356, -123.897783); Alder Creek 
(46.171207, -123.933132); Barrett Slough (46.12204, -123.85348); Binder 
Creek (46.142527, -123.821985); Binder Slough (46.121358, -123.819543); 
Brown Creek (46.172014, -123.806343); Casey Slough (46.115066, -
123.815982); Cullaby Slough (46.022576, -123.880488); Green Slough 
(46.124806, -123.869053); Heckard Creek (46.057636, -123.87837); Hortill 
Creek (46.056683, -123.839636); Jeffers Slough (46.14965, -123.85163); 
Johnson Slough (46.071237, -123.882259); Klickitat Creek (46.049861, -
123.842997); Lewis and Clark River (45.953527, -123.731398); Little 
Wallooskee River (46.140199, -123.737638); Loowit Creek (46.022396, -
123.832364); Middle Fork North Fork Klaskanine River (46.061237, -
123.638614); Moosmoos Creek (46.074807, -123.777539); North Fork 
Klaskanine River (46.048838, -123.636273); North Fork North Fork 
Klaskanine River (46.097739, -123.674883); Peterson Slough (46.10793, -
123.85242); Shweeash Creek (46.019839, -123.839507); South Fork 
Klaskanine River (46.048461, -123.713622); South Fork Lewis and Clark 
River (45.981399, -123.841473); Speelyai Creek (46.032437, -123.83321); 
Stowebolt Creek (46.060439, -123.825132); Tucker Creek (46.075512, -
123.824939); Wallooskee River (46.104416, -123.699695); Youngs River 
(46.06718, -123.789692).
    (ii) Big Creek Watershed 1708000602. Outlet(s) = Hillcrest Creek 
(Lat 46.171377, Long -123.655493); Bear Creek (46.1716, -123.665605); 
Marys Creek (46.173116, -123.668452); Fertile Valley Creek (46.188744, -
123.588332); Blind Slough (46.20114, -123.584906); Big Creek (46.184561, 
-123.596303); John Day River (46.181573, -123.7404); Little Ferris Creek 
(46.158288, -123.629531); Mill Creek (46.19298, -123.759637); upstream 
to endpoint(s) in: Unnamed (46.067847, -123.49896); Unnamed (46.155656, 
-123.731589); Unnamed (46.176667, -123.477624); Unnamed (46.180584, -
123.796858); Unnamed (46.199516, -123.501455); Unnamed (46.211835, -
123.534242); Unnamed (46.213817,

[[Page 901]]

-123.557667); Unnamed (46.219749, -123.496059); Unnamed (46.183645, -
123.484347); Bear Creek (46.122269, -123.636516); Big Creek (46.068744, 
-123.477937); Big Noise Creek (46.160378, -123.50188); Blind Slough 
(46.230154, -123.5256); Coon Creek (46.072977, -123.551698); Davis Creek 
(46.193487, -123.48968); Elk Creek (46.057446, -123.531954); Fertile 
Valley Creek (46.180229, -123.574191); McNary Creek (46.131584, -
123.45871); Grizzly Slough (46.209179, -123.551962); Hillcrest Creek 
(46.155615, -123.633555); John Day River (46.151824, -123.718295); Gnat 
Creek (46.134382, -123.492375); Little Bear Creek (46.11197, -
123.661934); Little Creek (46.138483, -123.606302); Marys Creek 
(46.136519, -123.685932); Mill Creek (46.143237, -123.582679); Mud Creek 
(46.089977, -123.55188); Pigpen Creek (46.102416, -123.559042); Saspal 
Slough (46.213023, -123.5376); Supply Creek (46.163644, -123.538404).
    (iii) Grays Bay Watershed 1708000603. Outlet(s) = Unnamed (Lat 
46.242128, Long -123.884815); Unnamed (46.242369, -123.889547); Unnamed 
(46.246062, -123.909891); Unnamed (46.249228, -123.863946); Unnamed 
(46.259183, -123.852059); Unnamed (46.260409, -123.850081); Unnamed 
(46.261711, -123.842086); Unnamed (46.269817, -123.830183); Crooked 
Creek (46.296355, -123.677056); Sisson Creek (46.301761, -123.72555); 
Chinook River (46.303571, -123.968574); Grays River (46.306824, -
123.685025); Deep River (46.310771, -123.714286); Wallacut River 
(46.315209, -124.020283); upstream to endpoint(s) in: Unnamed 
(46.252832, -123.906587); Unnamed (46.255601, -123.883337); Unnamed 
(46.257057, -123.892766); Unnamed (46.261834, -123.877718); Unnamed 
(46.26971, -123.872478); Unnamed (46.272099, -123.863261); Unnamed 
(46.272788, -123.855154); Unnamed (46.273099, -123.847441); Unnamed 
(46.273923, -123.833921); Unnamed (46.27462, -123.841297); Unnamed 
(46.282558, -123.76132); Unnamed (46.289926, -123.938085); Unnamed 
(46.296119, -123.751262); Unnamed (46.305607, -123.945919); Unnamed 
(46.320823, -123.638104); Unnamed (46.332306, -123.674913); Unnamed 
(46.349054, -123.563997); Unnamed (46.362133, -123.397387); Unnamed 
(46.367197, -123.661101); Unnamed (46.370018, -123.661652); Unnamed 
(46.383643, -123.54663); Unnamed (46.3861, -123.399009); Unnamed 
(46.389563, -123.443531); Unnamed (46.398896, -123.603127); Unnamed 
(46.409223, -123.563384); Unnamed (46.40988, -123.591182); Unnamed 
(46.414991, -123.598881); Unnamed (46.419132, -123.377411); Unnamed 
(46.4231, -123.465561); Unnamed (46.427724, -123.449351); Unnamed 
(46.428912, -123.389161); Unnamed (46.429717, -123.393596); Unnamed 
(46.429964, -123.55265); Unnamed (46.432969, -123.434984); Unnamed 
(46.435352, -123.530908); Unnamed (46.440181, -123.389495); Unnamed 
(46.440236, -123.539966); Unnamed (46.445599, -123.389398); Unnamed 
(46.453434, -123.501054); Unnamed (46.466604, -123.486435); Unnamed 
(46.472739, -123.394404); Unnamed (46.478038, -123.431439); Beaver Creek 
(46.401593, -123.550548); Blaney Creek (46.403572, -123.442837); Cabin 
Creek (46.44222, -123.485741); Campbell Creek (46.358257, -123.709343); 
Chinook River (46.274479, -123.902553); Crooked Creek (46.313288, -
123.59644); Deep River (46.354054, -123.688621); East Fork Grays River 
(46.42414, -123.36983); Empi Creek (46.31383, -123.638514); Fossil Creek 
(46.354523, -123.484306); Grays River (46.491024, -123.4354); 
Hendrickson Canyon (46.373524, -123.664774); Hendrickson Creek 
(46.361368, -123.655366); Honey Creek (46.375646, -123.603913); Hull 
Creek (46.405494, -123.57846); Impie Creek (46.318309, -123.617177); 
Johnson Creek (46.463847, -123.502087); Kessel Creek (46.33321, -
123.586047); King Creek (46.34008, -123.577604); Klints Creek 
(46.352885, -123.546067); Lassila Creek (46.330703, -123.717849); Malone 
Creek (46.362725, -123.638537); Mitchell Creek (46.457074, -123.405992); 
North Fork South Fork Crooked Creek (46.302415, -123.588653); Rangila 
Slough (46.379454, -123.663919); Salme Creek (46.345311, -123.727176); 
Seal Creek (46.330013, -123.666112); Shannon Creek (46.397758, -
123.544779); Silver Creek (46.361718, -123.606566); Sisson Creek 
(46.326508, -123.744171); South Creek (46.298871, -123.634124); South 
Fork Crooked Creek (46.291379, -123.594068); South Fork Grays River 
(46.378555, -123.338976); Sweigiler Creek (46.421912,

[[Page 902]]

-123.519244); Thadbar Creek (46.338413, -123.617861); Wallacut River 
(46.320188, -124.009121); West Fork Grays River (46.45098, -123.56517); 
Unnamed Creek (46.30366, -123.59053).
    (8) Clackamas Subbasin 17090011--(i) Collawash River Watershed 
1709001101. Outlet(s) = Collowash River (Lat 45.032022, Long -
122.061189); upstream to endpoint(s) in: Collawash River (44.950761, -
122.036265); Fan Creek (44.990371, -122.070099); Farm Creek (44.964523, 
-122.056455); Hot Springs Fork (44.938225, -122.172924); Nohorn Creek 
(44.951768, -122.178914); Pansy Creek (44.961276, -122.142173); Thunder 
Creek (44.971026, -122.114357).
    (ii) Upper Clackamas River Watershed 1709001102. Outlet(s) = 
Clackamas River (Lat 45.032073, Long -122.060326); upstream to 
endpoint(s) in: Unnamed (44.921586, -121.891779); Unnamed (44.946758, -
121.870376); Unnamed (44.965941, -121.890584); Unnamed (44.984829, -
121.88591); Unnamed (45.00955, -121.913461); Unnamed (45.009742, -
121.911448); Berry Creek (44.842515, -121.913476); Clackamas River 
(44.872157, -121.84842); Cub Creek (44.840609, -121.886756); Fawn Creek 
(44.918888, -121.906568); Hunter Creek (44.892373, -121.929425); Kansas 
Creek (44.983299, -121.898876); Last Creek (44.971428, -121.855763); 
Lowe Creek (44.950581, -121.911761); Pinhead Creek (44.947076, -
121.856905); Pot Creek (45.018321, -121.903626); Rhododendron Creek 
(44.935961, -121.905497); Wall Creek (44.954634, -121.88565); Wolf Creek 
(45.009327, -121.896447); Unnamed Creek (44.939221, -121.896788).
    (iii) Oak Grove Fork Clackamas River Watershed 1709001103. Outlet(s) 
= Oak Grove Fork Clackamas River (Lat 45.074631, Long -122.053402); 
upstream to endpoint(s) in: Oak Grove Fork Clackamas River (45.082079, -
121.987346); Pint Creek (45.083562, -122.037835).
    (iv) Middle Clackamas River Watershed 1709001104. Outlet(s) = 
Clackamas River (Lat 45.243027, Long -122.28019); upstream to 
endpoint(s) in: Big Creek (45.071509, -122.07317); Clackamas River 
(45.032073, -122.060326); Fish Creek (45.063717, -122.160481); North 
Fork Clackamas River (45.238149, -122.218497); Oak Grove Fork Clackamas 
River (45.074631, -122.053402); Mag Creek (45.058467, -122.049959); 
Roaring River (45.181144, -122.060589); Sandstone Creek (45.088154, -
122.075766); South Fork Clackamas River (45.193817, -122.226266); Tag 
Creek (45.060352, -122.048674); Tar Creek (45.049246, -122.058186); 
Trout Creek (45.037826, -122.073273); Wash Creek (45.047152, -
122.190238); Whale Creek (45.110262, -122.085444).
    (v) Eagle Creek Watershed 1709001105. Outlet(s) = Eagle Creek (Lat 
45.353023, Long -122.38235); upstream to endpoint(s) in: Unnamed 
(45.306541, -122.253481); Bear Creek (45.333888, -122.257969); Currin 
Creek (45.337212, -122.357579); Delph Creek (45.266726, -122.169986); 
Eagle Creek (45.276382, -122.200963); Little Eagle Creek (45.301454, -
122.167019); North Fork Eagle Creek (45.315132, -122.116618); Trout 
Creek (45.330806, -122.124752).
    (vi) Lower Clackamas River Watershed 1709001106. Outlet(s) = 
Clackamas River (Lat 45.372568, Long -122.607652); upstream to 
endpoint(s) in: Unnamed (45.258538, -122.299446); Unnamed (45.350086, -
122.487187); Unnamed (45.367637, -122.306895); Unnamed (45.377873, -
122.36847); Unnamed (45.405591, -122.323467); Unnamed (45.411148, -
122.302642); Bargfeld Creek (45.319393, -122.440978); Clackamas River 
(45.243027, -122.28019); Clear Creek (45.202385, -122.314579); Deep 
Creek (45.341779, -122.281223); Foster Creek (45.377099, -122.440414); 
Goose Creek (45.361912, -122.356092); Little Clear Creek (45.194779, -
122.32996); Little Clear Creek (45.279953, -122.406729); Mosier Creek 
(45.268224, -122.452581); North Fork Deep Creek (45.426893, -
122.304417); Richardson Creek (45.409345, -122.450358); Rock Creek 
(45.41554, -122.502566); Tickle Creek (45.391446, -122.27456).
    (9) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed 
1709001201. Outlet(s) = Johnson Creek (Lat 45.443607, Long -122.646568); 
upstream to endpoint(s) in: Unnamed (45.395793, -122.637786); Unnamed 
(45.479793, -122.637275); Unnamed (45.400038, -122.643353); Unnamed 
(45.427915, -122.679059); Unnamed (45.482333, -122.416496); Unnamed 
(45.483664, -122.416638); Unnamed (45.485757, -122.422255); Unnamed

[[Page 903]]

(45.490889, -122.423876); Badger Creek (45.459757, -122.386165); Crystal 
Springs Creek (45.481991, -122.636282); Hogan Creek (45.479786, -
122.417896); Johnson Creek (45.462435, -122.305859); Kellogg Creek 
(45.416585, -122.599025); Kelly Creek (45.467217, -122.484045); Mount 
Scott Creek (45.430427, -122.557033); Oswego Creek (45.410712, -
122.662215); Sunshine Creek (45.462297, -122.398193); Tryon Creek 
(45.453787, -122.691186); Willamette River (45.372568, -122.607652)).
    (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah 
Channel (Lat 45.618917, Long -122.796356); Multnomah Channel (45.856115, 
-122.795022); upstream to endpoint(s) in: Brush Creek (45.811623, -
122.98903); Cox Creek (45.857229, -122.945231); Dart Creek (45.880546, -
122.886563); Deep Creek (45.789148, -122.918002); Fall Creek (45.80123, 
-122.93963); Gourlay Creek (45.725088, -122.960632); Lazy Creek 
(45.745352, -122.992007); Lizzie Creek (45.824543, -122.994287); 
McCarthy Creek (45.616212, -122.859047); McNulty Creek (45.836482, -
122.859642); Miller Creek (45.611495, -122.812947); Milton Creek 
(45.910301, -122.975949); North Scappoose Creek (45.826402, -123.0147); 
Raymond Creek (45.72705, -122.929237); Salmon Creek (45.867532, -
122.901361); Scappoose Bay (45.790852, -122.876349); South Scappoose 
Creek (45.76167, -123.011604); Sturgeon Lake (45.72323, -122.79232); 
Sturgeon Lake (45.749815, -122.802752); Sturgeon Lake (45.725503, -
122.830343); Wolf Creek (45.746648, -122.949214).
    (iii) Columbia Slough/Willamette River Watershed 1709001203. 
Outlet(s) = Willamette River (Lat 45.653521, Long -122.764965); upstream 
to endpoint(s) in: Swan Island Basin (45.565019, -122.713073); Columbia 
Slough (45.583522, -122.647913); Unnamed (45.615235, -122.740691); 
Unnamed (45.627985, -122.754739); Willamette River (45.372568, -
122.607652).
    (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 (Lat 45.605237, Long -
121.633264).
    (11) Maps of proposed critical habitat for the lower Columbia River 
coho salmon DPS follow:

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    (u) Puget Sound Steelhead (Oncorhynchus mykiss). Critical habitat is 
designated to include the areas defined in the following subbasins:
    (1) Strait Of Georgia Subbasin 17110002--(i) Bellingham Bay 
1711000201. Outlet(s) = Chuckanut Creek (Lat 48.700204, Long -122.4949); 
Colony Creek (48.596632, -122.419321); Padden Creek (48.720212, -
122.507267); Squalicum Creek (48.761135, -122.508464); Unnamed 
(48.614316, -122.441055); Whatcom Creek

[[Page 915]]

(48.754617, -122.482672); upstream to endpoint(s) in: Chuckanut Creek 
(48.695855, -122.459009); Colony Creek (48.595012, -122.368655); Padden 
Creek (48.716119, -122.492112); Squalicum Creek (48.800413, -
122.401884); Toad Creek (48.790221, -122.420404); Unamed (48.61781, -
122.439544); Unnamed (48.694566, -122.460342); Unnamed (48.749891, -
122.443697); Unnamed (48.776621, -122.485934); Unnamed (48.798187, -
122.478488); Unnamed (48.804196, -122.480665); Unnamed (48.808622, -
122.395832); Unnamed (48.81125, -122.390305); Unnamed (48.818485, -
122.394634); Whatcom Creek (48.755728, -122.439609).
    (ii) Samish River Watershed 1711000202. Outlet(s) = Samish River 
(Lat 48.554929, Long -122.456811); upstream to endpoint(s) in: Bear 
Creek (48.636953, -122.378411); Butler Creek (48.604896, -122.321047); 
Doolittle Creek (48.636011, -122.217771); Dry Creek (48.59728, -
122.276992); Ennis Creek (48.656411, -122.192383); Friday Creek 
(48.648567, -122.371833); Parson Creek (48.601221, -122.282987); Silver 
Creek (48.64571, -122.329513); Swede Creek (48.558933, -122.226206); 
Thomas Creek (48.547551, -122.26923); Thunder Creek (48.597861, -
122.214046); Unnamed (48.547031, -122.265845); Unnamed (48.601928, -
122.266484); Unnamed (48.60898, -122.23177); Unnamed (48.624483, -
122.220011); Unnamed (48.635349, -122.312454); Unnamed (48.636660, -
122.376452); Unnamed (48.684736, -122.198027); Vernon Creek (48.592764, 
-122.243096).
    (iii) Birch Bay 1711000204. Outlet(s) = California Creek (Lat 
48.96192, Long -122.732814); Dakota Creek (48.971842, -122.723798); 
Terrell Creek (48.921475, -122.745208); Unnamed (48.937195, -
122.752893); upstream to endpoint(s) in: California Creek (48.894356, -
122.608319); Haynie Creek (48.991982, -122.649909); North Fork Dakota 
Creek (48.984477, -122.568636); South Fork Dakota Creek (48.946745, -
122.620945); Terrell Creek (48.873999, -122.688964); Unnamed (48.89583, 
-122.753422); Unnamed (48.937989, -122.750521); Unnamed (48.971309, -
122.626164); Unnamed (48.975408, -122.668197); Unnamed (48.984629, -
122.692849); Unnamed (48.986989, -122.701077); Unnamed (48.992777, -
122.604054).
    (2) Nooksack Subbasin 17110004--(i) Upper North Fork Nooksack River 
Watershed 1711000401. Outlet(s) = Canyon Creek (Lat 48.90661, Long -
121.989864); North Fork Nooksack River (48.90561, -121.987814); upstream 
to endpoint(s) in: Canyon Creek (48.922933, -121.966384); Cascade Creek 
(48.898964, -121.863499); Cornell Creek (48.88507, -121.95911); 
Deadhorse Creek (48.902507, -121.837147); Gallop Creek (48.883100, -
121.947200); Glacier Creek (48.831251, -121.903097); Hedrick Creek 
(48.89601, -121.971728); Little Creek (48.882629, -121.937123); North 
Fork Nooksack River (48.905296, -121.8089); Thompson Creek (48.892411, -
121.880668); West Cornell Creek (48.882149, -121.967178); Unnamed 
(48.83788, -121.90421); Unnamed (48.844181, -121.897301); Unnamed 
(48.891500, -121.967668); Unnamed (48.902338, -121.849472); Unnamed 
(48.90707, -121.83948).
    (ii) Middle Fork Nooksack River Watershed 1711000402. Outlet(s) = 
Canyon Creek (Lat 48.835008, Long -122.153051); Middle Fork Nooksack 
River (48.833037, 122.153128); upstream to endpoint(s) in: Canyon Creek 
(48.841923, -122.103727); Heislers Creek (48.778707, -122.092743); 
Middle Fork Nooksack River (48.771145, -122.072977); Porter Creek 
(48.794092, -122.103694); Unnamed (48.779218, -122.121048); Unnamed 
(48.780767, -122.116975); Unnamed (48.787472, -122.12477); Unnamed 
(48.820768, -122.122144).
    (iii) South Fork Nooksack River Watershed 1711000403. Outlet(s) = 
South Fork Nooksack River (Lat 48.807821, Long -122.20252); upstream to 
endpoint(s) in: Bell Creek (48.69622, -121.87518); Cavanaugh Creek 
(48.644428, -122.110678); Deer Creek (48.603978, -122.092479); Hard 
Scrabble Falls Creek (48.759936, -122.22864); Howard Creek (48.612814, -
121.966548); Hutchinson Creek (48.722661, -122.098154); Jones Creek 
(48.715065, -122.215748); Loomis Creek (48.665079, -121.815934); Mccarty 
Creek (48.727377, -122.219879); Mcginnis Creek (48.61109, -121.958839); 
Plumbago Creek (48.607449, -122.097919); Skookum Creek (48.68695, -
122.104163); Standard Creek (48.74615, -122.224446); Sygitowicz Creek 
(48.772017, -122.228041); Unnamed (48.599197, -122.073063); Unnamed 
(48.600525, -122.039331); Unnamed (48.600658,

[[Page 916]]

-122.022203); Unnamed (48.60222, -122.059486); Unnamed (48.602513, -
122.016247); Unnamed (48.602549, -122.004019); Unnamed (48.604219, -
121.992247); Unnamed (48.604523, -121.915611); Unnamed (48.60507, -
122.068393); Unnamed (48.60642, -121.930219); Unnamed (48.607985, -
121.918823); Unnamed (48.608266, -121.911587); Unnamed (48.609571, -
121.982189); Unnamed (48.61019, -121.954851); Unnamed (48.622868, -
122.117508); Unnamed (48.626209, -122.118838); Unnamed (48.630045, -
122.118545); Unnamed (48.642631, -122.122994); Unnamed (48.661705, -
122.11915); Unnamed (48.679949, -121.933538); Unnamed (48.681, -
122.176044); Unnamed (48.687907, -122.159547); Unnamed (48.69125, -
121.932816); Unnamed (48.698785, -121.912135); Unnamed (48.700841, -
121.880954); Unnamed (48.70222, -122.109268); Unnamed (48.725471, -
122.168225); Unnamed (48.738227, -122.105899); Unnamed (48.745076, -
122.11099); Unnamed (48.776775, -122.221381); Unnamed (48.784569, -
122.220861); Unnamed (48.80173, -122.17607); Unnamed (48.819062, -
122.229914); Wanlick Creek (48.66309, -121.801322).
    (iv) Lower North Fork Nooksack River Watershed 1711000404. Outlet(s) 
= Anderson Creek (Lat 48.866658, Long -122.324286); Nooksack River 
(48.869803, -122.319417); upstream to endpoint(s) in: Anderson Creek 
(48.789701, -122.330514); Bell Creek (48.849394, -122.163142); Boulder 
Creek (48.936973, -122.02081); Canyon Creek (48.90661, -121.989864); 
Coal Creek (48.890899, -122.15529); Kendall Creek (48.926471, -
122.148139); Kenney Creek (48.851169, -122.11389); Macaulay Creek 
(48.834461, -122.236136); Maple Creek (48.926054, -122.07647); Mitchell 
Creek (48.831119, -122.218653); North Fork Nooksack River (48.90561, -
121.987814); Racehorse Creek (48.879840, -122.126400); Smith Creek 
(48.843717, -122.255666); South Fork Nooksack River (48.807821, -
122.20252); Unnamed (48.803428, -122.320427); Unnamed (48.809155, -
122.328886); Unnamed (48.816885, -122.229843); Unnamed (48.830856, -
122.173308); Unnamed (48.834543, -122.153069); Unnamed (48.843097, -
122.158088); Unnamed (48.850754, -122.120796); Unnamed (48.90233, -
122.093446); Unnamed (48.904967, -122.085488); Unnamed (48.903288, -
122.088323); Unnamed (48.91174, -122.01464); Unnamed (48.916501, -
122.063237); Unnamed (48.918962, -122.015676); Unnamed (48.920779, -
122.049370); Unnamed (48.916696, -122.103739); Wildcat Creek (48.903709, 
-122.000478).
    (v) Nooksack River Watershed 1711000405. Outlet(s) = Nooksack River 
(Lat 48.773567, Long -122.599888); Silver Creek (48.821901, -122.53218); 
East Silver Creek (48.81687, -122.529067); upstream to endpoint(s) in: 
Anderson Creek (48.866658, -122.324286); Bertrand Creek (49.002306, -
122.523098); West Bertrand Creek (48.993346, -122.537903); Fishtrap 
Creek (49.000000, -122.406584); Fourmile Creek (48.888842, -122.422525); 
Mormon Ditch (48.943782, -122.382402); Nooksack River (48.869803, -
122.319417); Pepin Creek (49.000000, -122.473673); Stickney Slough 
(48.971492, -122.390969); Tenmile Creek (48.841838, -122.377054); Wiser 
Lake (48.899749, -122.511319); Unnamed (48.840108, -122.411055); Unnamed 
(48.849253, -122.431795); Unnamed (48.854029, -122.477112); Unnamed 
(48.854666, -122.439035); Unnamed (48.870978, -122.599973); Unnamed 
(48.896998, -122.339775); Unnamed (48.913285, -122.364233); Unnamed 
(48.926314, -122.591314); Unnamed (48.967318, -122.524502); Unnamed 
(49.00182, -122.50126); Unnamed (49.000000, -122.474268).
    (3) Upper Skagit Subbasin 17110005--(i) Skagit River/Gorge Lake 
Watershed 1711000504. Outlet(s) = Goodell Creek (Lat 48.674399, Long -
121.26504); Skagit River (48.672375, -121.262508); upstream to 
endpoint(s) in: Goodell Creek (48.729929, -121.314); Newhalem Creek 
(48.664832, -121.255072); Skagit River (48.676125, -121.241661).
    (ii) Skagit River/Diobsud Creek Watershed 1711000505. Outlet(s) = 
Skagit River (48.522186, -121.431634); upstream to endpoint(s) in: Alma 
Creek (48.599105, -121.36141); Bacon Creek (48.675306, -121.453097); 
Copper Creek (48.588469, -121.370907); Damnation Creek (48.627647, -
121.339559); Diobsud Creek (48.583981, -121.441197); East Fork Bacon 
Creek (48.669034, -121.430334); Falls Creek (48.633251,

[[Page 917]]

-121.427043); Oakes Creek (48.619075, -121.412357); Skagit River 
(48.672375, -121.262508); Thorton Creek (48.649594, -121.307697); 
Unnamed (48.550953, -121.419261); Unnamed (48.627482, -121.324941); 
Unnamed (48.630803, -121.424055); Unnamed (48.652391, -121.297267); 
Unnamed (48.65642, -121.293119); Unnamed (48.657949, -121.279141); 
Unnamed (48.659526, -121.281845); Unnamed (48.659652, -121.284867).
    (iii) Cascade River Watershed 1711000506. Outlet(s) = Cascade River 
(Lat 48.52147, Long -121.431469); upstream to endpoint(s) in: Boulder 
Creek (48.511828, -121.363515); Cascade River (48.422406, -121.124592); 
Clark Creek (48.519616, -121.404247); Found Creek (48.481464, -
121.244895); Jordan Creek (48.479149, -121.396302); Kindy Creek 
(48.40346, -121.19997); North Fork Cascade River (48.46574, -
121.165301); Sibley Creek (48.511764, -121.255306); Unnamed (48.516916, 
-121.369934); Unnamed (48.519853, -121.355352); Unnamed (48.522841, -
121.416253); Unnamed (48.540716, -121.187277).
    (iv) Skagit River/illabot Creek Watershed 1711000507. Outlet(s) = 
Skagit River (Lat 48.533888, Long -121.736697); upstream to endpoint(s) 
in: Aldon Creek (48.490787, -121.655981); Barr Creek (48.494766, -
121.553562); Cascade River (48.52147, -121.431469); Corkindale Creek 
(48.523793, -121.481226); Illabot Creek (48.420072, -121.375128); 
Jackman Creek (48.52921, -121.696976); Mcleod Slough (48.478113, -
121.628016); Miller Creek (48.483633, -121.657553); Olson Creek 
(48.554876, -121.448159); Rocky Creek (48.507094, -121.497771); Sauk 
River (48.48173, -121.607129); Skagit River (48.522186, -121.431634); 
Sutter Creek (48.495127, -121.549745); Unnamed (48.471463, -121.542227); 
Unnamed (48.485698, -121.594461); Unnamed (48.487325, -121.545692); 
Unnamed (48.487425, -121.533453); Unnamed (48.501107, -121.661145).
    (v) Baker River Watershed 1711000508. Outlet(s) = Baker River (Lat 
48.533879, Long -121.736713); upstream to endpoint(s) in: Baker River 
(48.820068, -121.428469); Bald Eagle Creek (48.786682, -121.426929); 
Blum Creek (48.753095, -121.54535); Little Sandy Creek (48.704049, -
121.698077); Morovitz Creek (48.745746, -121.677314); Park Creek 
(48.74079, -121.681977); Pass Creek (48.814934, -121.463275); Rocky 
Creek (48.645389, -121.707383); Skagit River (48.533888, -121.736697); 
Swift Creek (48.753261, -121.65719); Unnamed (48.734467, -121.636766).
    (4) Sauk Subbasin 17110006--(i) Upper Sauk River Watershed 
1711000601. Outlet(s) = Sauk River (Lat 48.173216, Long -121.472863); 
upstream to endpoint(s) in: Bedal Creek (48.079796, -121.392862); Black 
Oak Creek (48.178866, -121.45057); Camp Creek (48.150358, -121.280495); 
Chocwich Creek (48.072804, -121.399295); Crystal Creek (48.182984, -
121.360841); Dead Duck Creek (48.179803, -121.373501); Elliott Creek 
(48.055379, -121.415773); Falls Creek (48.136819, -121.432256); Martin 
Creek (48.091595, -121.402576); North Fork Sauk River (48.096, -
121.372171); Owl Creek (48.162177, -121.295991); Peek-A-Boo Creek 
(48.149748, -121.441535); South Fork Sauk River (47.986322, -
121.393336); Stujack Creek (48.176825, -121.392682); Swift Creek 
(48.099536, -121.40116); Unnamed (48.117404, -121.416221); Unnamed 
(48.164324, -121.447051); Unnamed (48.165143, -121.33003); Weden Creek 
(47.986316, -121.44378); White Chuck River (48.09948, -121.182565).
    (ii) Upper Suiattle River Watershed 1711000602. Outlet(s) = Suiattle 
River (48.258351, -121.224572); upstream to endpoint(s) in: Downey Creek 
(48.28262, -121.209548); Suiattle River (48.210571, -121.088734); 
Sulphur Creek (48.256889, -121.174591).
    (iii) Lower Suiattle River Watershed 1711000603. Outlet(s) = 
Suiattle River (Lat 48.335583, Long -121.547106); upstream to 
endpoint(s) in: All Creek (48.288401, -121.429156); Big Creek 
(48.343084, -121.441273); Black Creek (48.258382, -121.402801); Buck 
Creek (48.275388, -121.327822); Captain Creek (48.258384, -121.276479); 
Circle Creek (48.257783, -121.339964); Conrad Creek (48.276814, -
121.414421); Harriet Creek (48.24803, -121.30351); Lime Creek 
(48.244288, -121.294507); Suiattle River (48.258351, -121.224572); Tenas 
Creek (48.336889, -121.431586); Unnamed (48.268285, -121.347595); 
Unnamed (48.2897, -121.432205); Unnamed (48.295835, -121.432122); 
Unnamed (48.303544, -121.423863).

[[Page 918]]

    (iv) Lower Sauk River Watershed 1711000604. Outlet(s) = Mcleod 
Slough (Lat 48.478113, Long -121.628016); Sauk River (48.48173, -
121.607129); upstream to endpoint(s) in: Clear Creek (48.202408, -
121.569295); Dan Creek (48.265631, -121.540646); Dutch Creek (48.179125, 
-121.486809); Everett Creek (48.283836, -121.526243); Goodman Creek 
(48.185225, -121.499311); Hilt Creek (48.440932, -121.573433); Murphy 
Creek (48.183863, -121.523654); Rinker Creek (48.395207, -121.583449); 
Sauk River (48.173216, -121.472863); Suiattle River (48.335583, -
121.547106); Unnamed (48.235207, -121.590179); Unnamed (48.282638, -
121.530751); Unnamed (48.286653, -121.524888); Unnamed (48.305253, -
121.545097); Unnamed (48.439232, -121.616077); White Creek (48.403202, -
121.537828).
    (5) Lower Skagit Subbasin 17110007--(i) Middle Skagit River/Finney 
Creek Watershed 1711000701. Outlet(s) = Skagit River (Lat 48.488951, 
Long -122.217614); upstream to endpoint(s) in: Alder Creek (48.552575, -
121.932183); Boyd Creek (48.504855, -121.892273); Childs Creek 
(48.536412, -122.080267); Coal Creek (48.533942, -122.153196); 
Cumberland Creek (48.510468, -121.993332); Day Creek (48.406901, -
121.97766); Finney Creek (48.465302, -121.687051); Gilligan Creek 
(48.48009, -122.130644); Grandy Creek (48.561171, -121.818094); Hansen 
Creek (48.559859, -122.208046); Jones Creek (48.558032, -122.046527); 
Loretta Creek (48.492814, -122.018527); Marietta Creek (48.511246, -
121.930245); Mill Creek (48.500192, -121.873597); Muddy Creek 
(48.545767, -121.985109); O Toole Creek (48.508466, -121.919329); 
Pressentin Creek (48.509721, -121.846156); Quartz Creek (48.50301, -
121.788233); Red Cabin Creek (48.552388, -122.016014); Skagit River 
(48.533385, -121.737928); Sorenson Creek (48.488763, -122.104541); 
Unnamed (48.480893, -122.141637); Unnamed (48.489945, -122.098925); 
Unnamed (48.495815, -121.753486); Unnamed (48.506371, -122.061784); 
Unnamed (48.509168, -122.104561); Unnamed (48.514861, -122.118166); 
Unnamed (48.528239, -122.166675); Unnamed (48.528601, -122.102507); 
Unnamed (48.535185, -122.087068); Unnamed (48.536394, -122.085423); 
Unnamed (48.537986, -122.186437); Unnamed (48.542105, -122.059915); 
Unnamed (48.547274, -122.185153); Unnamed (48.547956, -122.187094); 
Unnamed (48.548129, -121.954555); Unnamed (48.550762, -122.195456); 
Unnamed (48.552902, -121.959069); Unnamed (48.558115, -122.198368); 
Unnamed (48.558227, -121.99464); Unnamed (48.561171, -121.818094); 
Unnamed (48.562984, -121.811731); Unnamed (48.55177, -122.204332); 
Wiseman Creek (48.532064, -122.135004).
    (ii) Lower Skagit River/Nookachamps Creek Watershed 1711000702. 
Outlet(s) = Freshwater Slough (Lat 48.310713, Long -122.389592); North 
Fork Skagit River (48.362362, -122.470128); South Fork Skagit River 
(48.291833, -122.368233); upstream to endpoint(s) in: Britt Slough 
(48.393312, -122.358366); Carpenter Creek (48.394245, -122.277339); East 
Fork Nookachamps Creek (48.404247, -122.180275); Fisher Creek (48.30521, 
-122.296248); Lake Creek (48.324016, -122.224344); Skagit River 
(48.488951, -122.217614); Turner Creek (48.447398, -122.195845); Unnamed 
(48.358837, -122.422683); Unnamed (48.366754, -122.41293); Unnamed 
(48.43207, -122.314617); Unnamed (48.380192, -122.17967); Walker Creek 
(48.375354, -122.176074).
    (6) Stillaguamish Subbasin 17110008--(i) North Fork Stillaguamish 
River Watershed 1711000801. Outlet(s) = North Fork Stillaguamish River 
(Lat 48.203615, Long -122.126717); upstream to endpoint(s) in: Boulder 
River (48.245122, -121.828242); Brooks Creek (48.289564, -121.906883); 
Deer Creek (48.364935, -121.794539); Deforest Creek (48.393279, -
121.853014); Dicks Creek (48.300579, -121.836549); French Creek 
(48.239427, -121.774131); Fry Creek (48.256369, -121.897103); Furland 
Creek (48.25189, -121.699139); Grant Creek (48.295612, -122.031716); 
Hell Creek (48.252119, -121.964447); Higgins Creek (48.329407, -
121.791932); Little Deer Creek (48.431748, -121.938181); Little French 
Creek (48.268189, -121.738851); Montague Creek (48.250887, -121.867164); 
Moose Creek (48.253373, -121.710713); North Fork Stillaguamish River 
(48.296662, -121.636091); Rick Creek (48.349662, -121.899994); Rock 
Creek (48.272543, -122.084907); Rollins Creek (48.292951, -121.851904); 
Segelsen Creek (48.301774, -121.705063); Snow Gulch (48.241837,

[[Page 919]]

-121.688972); Squire Creek (48.201836, -121.630783); Unnamed (48.225817, 
-122.090659); Unnamed (48.23139, -122.079834); Unnamed (48.236267, -
121.625132); Unnamed (48.236753, -122.051497); Unnamed (48.243945, -
121.64302); Unnamed (48.24766, -122.036676); Unnamed (48.252573, -
122.029955); Unnamed (48.255611, -121.714995); Unnamed (48.256057, -
122.095346); Unnamed (48.256367, -121.939918); Unnamed (48.256695, -
122.025848); Unnamed (48.257104, -121.90825); Unnamed (48.258393, -
122.05691); Unnamed (48.258869, -121.764439); Unnamed (48.259213, -
121.70866); Unnamed (48.263641, -121.763092); Unnamed (48.264861, -
121.758039); Unnamed (48.265601, -122.004059); Unnamed (48.267786, -
122.043722); Unnamed (48.268038, -121.715334); Unnamed (48.272044, -
121.726641); Unnamed (48.27601, -121.935088); Unnamed (48.277489, -
122.036087); Unnamed (48.27989, -121.990779); Unnamed (48.281081, -
121.995266); Unnamed (48.281713, -121.649707); Unnamed (48.283383, -
121.683334); Unnamed (48.28395, -121.646562); Unnamed (48.284296, -
121.658284); Unnamed (48.28446, -121.920135); Unnamed (48.285216, -
121.62783); Unnamed (48.2891, -121.769358); Unnamed (48.289217, -
121.680426); Unnamed (48.289395, -121.755674); Unnamed (48.289507, -
121.702145); Unnamed (48.290513, -121.743771); Unnamed (48.290671, -
121.721475); Unnamed (48.290801, -121.746827); Unnamed (48.291004, -
121.691566); Unnamed (48.291597, -121.693818); Unnamed (48.294273, -
121.732756); Unnamed (48.294703, -121.826142); Unnamed (48.294855, -
121.94067); Unnamed (48.295803, -121.789706); Unnamed (48.296128, -
121.825352); Unnamed (48.297676, -121.802133); Unnamed (48.319239, -
121.964661); Unnamed (48.359397, -121.920923); Unnamed (48.361324, -
121.93455); Unnamed (48.365655, -121.915496); Unnamed (48.366918, -
121.941311); Unnamed (48.367183, -121.958052); Unnamed (48.367255, -
121.956483); Unnamed (48.367469, -121.95337); Unnamed (48.370765, -
121.89953); Unnamed (48.371334, -121.834956); Unnamed (48.372057, -
121.893537); Unnamed (48.37667, -121.887195); Unnamed (48.384027, -
121.879147); Unnamed (48.410307, -121.91761); Unnamed (48.297464, -
121.81382); Unnamed (48.321184, -121.95493).
    (ii) South Fork Stillaguamish River Watershed 1711000802. Outlet(s) 
= North Fork Stillaguamish River (Lat 48.203615, Long -122.126716); 
South Fork Stillaguamish River (48.203615, -122.126717); upstream to 
endpoint(s) in: Bear Creek (48.064612, -121.729061); Bear Creek 
(48.184588, -122.027434); Beaver Creek (48.088637, -121.513947); Bender 
Creek (48.066866, -121.589809); Benson Creek (48.10167, -121.738611); 
Blackjack Creek (48.051331, -121.624223); Boardman Creek (48.04009, -
121.674988); Buck Creek (48.051042, -121.469806); Coal Creek (48.093827, 
-121.535554); Cranberry Creek (48.121886, -121.803277); Cub Creek 
(48.211009, -121.940174); Deer Creek (48.094863, -121.554797); Eldredge 
Creek (48.074512, -121.637347); Gordon Creek (48.086169, -121.660042); 
Hawthorn Creek (48.078912, -121.8082); Heather Creek (48.086826, -
121.782066); Hempel Creek (48.075711, -121.743146); Jim Creek 
(48.209443, -121.929313); Mallardy Creek (48.067197, -121.657137); March 
Creek (48.196056, -122.15374); Marten Creek (48.079769, -121.613497); 
North Fork Canyon Creek (48.17598, -121.82868); Palmer Creek (48.0427, -
121.474893); Perry Creek (48.077976, -121.482351); Porter Creek 
(48.197684, -122.008959); Rotary Creek (48.092322, -121.828833); 
Schweitzer Creek (48.06862, -121.69012); Siberia Creek (48.166246, -
122.022375); South Fork Canyon Creek (48.153787, -121.785021); South 
Fork Stillaguamish River (48.028261, -121.483458); Triple Creek 
(48.077106, -121.798123); Turlo Creek (48.108542, -121.764124); 
Twentytwo Creek (48.075825, -121.758819); Unnamed (48.047402, -
121.505486); Unnamed (48.05552, -121.520966); Unnamed (48.075811, -
121.563225); Unnamed (48.077807, -121.591337); Unnamed (48.080052, -
121.580689); Unnamed (48.082802, -121.695828); Unnamed (48.084671, -
121.683128); Unnamed (48.090013, -121.877766); Unnamed (48.091037, -
121.815954); Unnamed (48.094741, -121.861679); Unnamed (48.100032, -
121.796066); Unnamed (48.102487, -121.760967); Unnamed (48.10534,

[[Page 920]]

-122.027687); Unnamed (48.106381, -121.783693); Unnamed (48.107979, -
121.790154); Unnamed (48.110592, -121.795323); Unnamed (48.11262, -
121.80435); Unnamed (48.117007, -121.82596); Unnamed (48.118957, -
121.83034); Unnamed (48.125862, -122.006135); Unnamed (48.131466, -
121.905515); Unnamed (48.131881, -121.883717); Unnamed (48.134683, -
121.938153); Unnamed (48.139202, -122.040321); Unnamed (48.140702, -
121.932885); Unnamed (48.141896, -121.932379); Unnamed (48.143639, -
121.932372); Unnamed (48.14431, -121.924623); Unnamed (48.14619, -
122.017379); Unnamed (48.151471, -122.062372); Unnamed (48.166951, -
122.097499); Unnamed (48.19464, -122.074897); Unnamed (48.199265, -
122.091343); Unnamed (48.212118, -121.923782); Unnamed (48.21329, -
122.028497); Unnamed (48.216753, -122.005396); Unnamed (48.219125, -
121.989143); Unnamed (48.219724, -121.994297); Unnamed (48.224672, -
121.975855); Unnamed (48.227563, -121.937492); Unnamed (48.233562, -
121.953975); Wiley Creek (48.092015, -121.720605); Wisconsin Creek 
(48.068182, -121.719162).
    (iii) Lower Stillaguamish River Watershed 1711000803. Outlet(s) = 
Hat Slough (Lat 48.198102, Long -122.359125); Stillaguamish River 
(48.238335, -122.376115); upstream to endpoint(s) in: Church Creek 
(48.26413, -122.283181); Freedom Creek (48.271454, -122.314228); Harvey 
Creek (48.233538, -122.128366); Jackson Gulch (48.210323, -122.241546); 
North Fork Stillaguamish River (48.203615, -122.126716); Pilchuck Creek 
(48.317396, -122.149205); Portage Creek (48.178785, -122.182919); 
Stillaguamish River (48.203562, -122.126899); Unnamed (48.171029, -
122.260136); Unnamed (48.186672, -122.277088); Unnamed (48.195788, -
122.283335); Unnamed (48.195835, -122.168612); Unnamed (48.196884, -
122.166822); Unnamed (48.20183, -122.295689); Unnamed (48.203545, -
122.315975); Unnamed (48.203747, -122.19962); Unnamed (48.214373, -
122.151954); Unnamed (48.224202, -122.14526); Unnamed (48.227416, -
122.199181); Unnamed (48.232175, -122.226793); Unnamed (48.23644, -
122.226298); Unnamed (48.240242, -122.207791); Unnamed (48.241888, -
122.201199); Unnamed (48.251066, -122.202687); Unnamed (48.256206, -
122.197528); Unnamed (48.262756, -122.185006); Unnamed (48.271258, -
122.316101); Unnamed (48.281636, -122.206013); Unnamed (48.300059, -
122.213286); Unnamed (48.303378, -122.161323).
    (7) Skykomish Subbasin 17110009--(i) Tye And Beckler Rivers 
Watershed 1711000901. Outlet(s) = Beckler River (Lat 47.715467, Long -
121.341085); South Fork Skykomish River (47.71526, -121.339458); 
upstream to endpoint(s) in: Alpine Creek (47.70063, -121.253227); 
Beckler River (47.86115, -121.306314); East Fork Foss River (47.648892, 
-121.276727); Rapid River (47.819406, -121.237866); Tye River 
(47.717046, -121.226571); West Fork Foss River (47.627377, -121.310419).
    (ii) Skykomish River Forks Watershed 1711000902. Outlet(s) = North 
Fork Skykomish River (Lat 47.813603, Long -121.577995); South Fork 
Skykomish River (47.812617, -121.577943); upstream to endpoint(s) in: 
Barclay Creek (47.791478, -121.48993); Bear Creek (47.889803, -
121.382157); Beckler River (47.715467, -121.341085); Bitter Creek 
(47.841172, -121.50341); Bridal Veil Creek (47.798538, -121.56095); East 
Fork Miller River (47.648482, -121.373599); Excelsior Creek (47.869782, 
-121.486781); Goblin Creek (47.925037, -121.311518); Index Creek 
(47.759736, -121.496132); Kimball Creek (47.701302, -121.431138); Lewis 
Creek (47.81892, -121.505851); Maloney Creek (47.704343, -121.354423); 
Money Creek (47.707177, -121.442116); North Fork Skykomish River 
(47.920573, -121.303744); Salmon Creek (47.904002, -121.467022); Silver 
Creek (47.940366, -121.437503); Snowslide Gulch (47.857696, -
121.508333); South Fork Skykomish River (47.71526, -121.339458); 
Troublesome Creek (47.899315, -121.400435); Trout Creek (47.832847, -
121.433624); West Cady Creek (47.897548, -121.305775); West Fork Miller 
River (47.665692, -121.400066).
    (iii) Skykomish River/Wallace River Watershed 1711000903. Outlet(s) 
= Mccoy Creek (Lat 47.847628, Long -121.824315); Skykomish River 
(47.860377, -121.819105); Unnamed (47.855571, -121.819268); upstream to 
endpoint(s) in: Anderson Creek (47.8044,

[[Page 921]]

-121.596583); Deer Creek (47.818891, -121.581685); Duffey Creek 
(47.833436, -121.689636); Hogarty Creek (47.842003, -121.612106); May 
Creek (47.856805, -121.632414); Mccoy Creek (47.831308, -121.826994); 
North Fork Skykomish River (47.813603, -121.577995); North Fork Wallace 
River (47.879351, -121.659897); Olney Creek (47.879416, -121.717566); 
Proctor Creek (47.816171, -121.652091); South Fork Skykomish River 
(47.812617, -121.577943); Unnamed (47.823821, -121.641583); Unnamed 
(47.854927, -121.788254); Unnamed (47.857101, -121.75812); Unnamed 
(47.858007, -121.797344); Unnamed (47.860413, -121.635072); Unnamed 
(47.84923, -121.784034); Unnamed (47.855893, -121.752873); Wagleys Creek 
(47.873165, -121.773098); Wallace River (47.877046, -121.645838).
    (iv) Sultan River Watershed 1711000904. Outlet(s) = Sultan River 
(Lat 47.861005, Long -121.820933); upstream to endpoint(s) in: Sultan 
River (47.959618, -121.796288); Unnamed (47.887034, -121.829974).
    (v) Skykomish River/Woods Creek Watershed 1711000905. Outlet(s) = 
Skykomish River (Lat 47.829872, Long -122.045091); upstream to 
endpoint(s) in: Barr Creek (Lat 47.829715, -121.905589); Carpenter Creek 
(48.015168, -121.930236); Elwell Creek (47.803646, -121.853672); Foye 
Creek (47.822602, -121.970674); High Rock Creek (47.837811, -
121.959755); Mccoy Creek (47.847628, -121.824315); Richardson Creek 
(47.886315, -121.943935); Riley Slough (47.844202, -121.936904); 
Skykomish River (47.847403, -121.886481); Skykomish River (47.852292, -
121.878907); Skykomish River (47.854738, -121.82681); Sorgenfrei Creek 
(47.961588, -121.934368); Sultan River (47.861005, -121.820933); Unnamed 
(47.818865, -122.005592); Unnamed (47.81969, -122.00526); Unnamed 
(47.829214, -121.844279); Unnamed (47.855571, -121.819268); Unnamed 
(47.88559, -121.921368); Unnamed (47.828244, -122.013516); Unnamed 
(47.834405, -122.016728); Unnamed (47.834695, -122.021191); Unnamed 
(47.836191, -121.980947); Unnamed (47.839322, -121.952037); Unnamed 
(47.839419, -121.843256); Unnamed (47.842963, -121.90049); Unnamed 
(47.844848, -121.889155); Unnamed (47.851422, -121.852499); Unnamed 
(47.853708, -121.907276); Unnamed (47.853713, -121.91338); Unnamed 
(47.857546, -121.830245); West Fork Woods Creek (47.983648, -
121.957293); Woods Creek (47.895095, -121.875437); Youngs Creek 
(47.807915, -121.83447).
    (8) Snoqualmie Subbasin 17110010--(i) Middle Fork Snoqualmie River 
Watershed 1711001003. Outlet(s) = Langlois Creek (Lat 47.635728, Long -
121.90751); Snoqualmie River (47.640786, -121.927225); upstream to 
endpoint(s) in: Canyon Creek (47.568828, -121.981984); East Fork Griffin 
Creek (47.667678, -121.79524); Griffin Creek (47.679643, -121.802134); 
Lake Creek (47.506498, -121.871475); Langlois Creek (47.632423, -
121.900585); Langlois Creek (47.63436, -121.910479); Patterson Creek 
(47.643294, -122.008601); Raging River (47.443286, -121.841753); 
Snoqualmie River (47.54132, -121.837391); Tokul Creek (47.556115, -
121.829753); Unnamed (47.435758, -121.840802); Unnamed (47.469131, -
121.887371); Unnamed (47.552211, -121.892074); Unnamed (47.55902, -
121.959053); Unnamed (47.594862, -121.869153); Unnamed (47.602188, -
121.86105); Unnamed (47.611929, -121.844129); Unnamed (47.617761, -
121.987517); Unnamed (47.620823, -121.818809); Unnamed (47.67586, -
121.821881); Unnamed (47.550625, -121.860269); Unnamed (47.573184, -
121.882046); Unnamed (47.574562, -121.935597); Unnamed (47.574643, -
121.923532); Unnamed (47.575296, -121.934856); Unnamed (47.575302, -
121.928863); Unnamed (47.577661, -121.922239); Unnamed (47.580744, -
121.89107); Unnamed (47.604032, -121.909863); Unnamed (47.60579, -
121.908524); Unnamed (47.611586, -121.940718); Unnamed (47.61275, -
121.923865); Unnamed (47.619886, -121.913184); Unnamed (47.624753, -
121.913661).
    (ii) Lower Snoqualmie River Watershed 1711001004. Outlet(s) = 
Snohomish River (47.832905, -122.05029); Unnamed (47.818865, -
122.005592); upstream to endpoint(s) in: Adair Creek (47.713532, -
122.00603); Cherry Creek (47.767647, -121.835764); Langlois Creek 
(47.635728, -121.90751); Margaret Creek (47.754562, -121.894491); North 
Fork Cherry Creek (47.747274, -121.922417); North Fork Creek (47.709704, 
-121.813858); Pearson

[[Page 922]]

Eddy Creek (47.7629, -121.993362); Peoples Creek (47.797003, -
121.969785); Snoqualmie River (47.640786, -121.927225); South Fork Tolt 
River (47.692382, -121.690691); Stossel Creek (47.760057, -121.854479); 
Tolt River (47.639682, -121.925064); Tuck Creek (47.760138, -
122.029513); Unnamed (47.66549, -121.969734); Unnamed (47.688103, -
121.841747); Unnamed (47.697681, -121.877351); Unnamed (47.699359, -
121.72867); Unnamed (47.711538, -121.835344); Unnamed (47.718309, -
121.778212); Unnamed (47.719516, -121.683676); Unnamed (47.721128, -
121.842676); Unnamed (47.721491, -121.711688); Unnamed (47.72187, -
121.872933); Unnamed (47.639628, -121.916512); Unnamed (47.644835, -
121.876373); Unnamed (47.652724, -121.927754); Unnamed (47.653832, -
121.900784); Unnamed (47.663562, -121.912794); Unnamed (47.666377, -
121.921884); Unnamed (47.66645, -121.968042); Unnamed (47.671854, -
121.944823); Unnamed (47.6722, -121.934103); Unnamed (47.672893, -
121.963119); Unnamed (47.673234, -121.906003); Unnamed (47.68202, -
121.984816); Unnamed (47.683549, -121.985897); Unnamed (47.685397, -
121.98674); Unnamed (47.688482, -121.942011); Unnamed (47.691215, -
121.959693); Unnamed (47.691787, -121.975697); Unnamed (47.694662, -
121.994754); Unnamed (47.701955, -121.998995); Unnamed (47.704253, -
122.001792); Unnamed (47.709025, -122.004767); Unnamed (47.709854, -
121.98468); Unnamed (47.716945, -122.001237); Unnamed (47.721749, -
121.989604); Unnamed (47.722623, -121.987303); Unnamed (47.723963, -
121.996696); Unnamed (47.726844, -121.989954); Unnamed (47.733263, -
122.010612); Unnamed (47.733962, -121.989698); Unnamed (47.734647, -
122.013111); Unnamed (47.736303, -122.013677); Unnamed (47.736874, -
121.98844); Unnamed (47.741838, -122.009593); Unnamed (47.744396, -
121.949708); Unnamed (47.745593, -121.952919); Unnamed (47.745918, -
121.954099); Unnamed (47.747444, -122.005028); Unnamed (47.747524, -
121.957434); Unnamed (47.747678, -121.996583); Unnamed (47.74965, -
121.977289); Unnamed (47.750208, -121.96435); Unnamed (47.750524, -
121.965961); Unnamed (47.75188, -121.927084); Unnamed (47.752108, -
121.969501); Unnamed (47.752268, -122.004156); Unnamed (47.75256, -
121.964546); Unnamed (47.752757, -121.969499); Unnamed (47.752947, -
121.957481); Unnamed (47.753339, -121.969357); Unnamed (47.754942, -
121.97775); Unnamed (47.756436, -122.004367); Unnamed (47.758452, -
122.002775); Unnamed (47.761886, -122.000354); Unnamed (47.762689, -
121.991876); Unnamed (47.762853, -121.977877); Unnamed (47.767489, -
122.000623); Unnamed (47.775507, -121.995614); Unnamed (47.775755, -
121.99995); Unnamed (47.776255, -121.999798); Unnamed (47.779073, -
121.991757); Unnamed (47.782249, -121.966177); Unnamed (47.788539, -
122.000183); Unnamed (47.797789, -121.978354); Unnamed (47.801619, -
121.981418); Unnamed (47.815259, -121.976869); Unnamed (47.815443, -
121.99813); Unnamed (47.818865, -122.005592).
    (9) Snohomish Subbasin 17110011--(i) Pilchuck River Watershed 
1711001101. Outlet(s) = French Creek (Lat 47.888547, Long -122.087439); 
Pilchuck River (47.900972, -122.092133); upstream to endpoint(s) in: 
Boulder Creek (48.024989, -121.811255); Catherine Creek (48.033209, -
122.077074); Dubuque Creek (47.996688, -122.010406); French Creek 
(47.898794, -122.057083); Kelly Creek (48.035392, -121.830635); Little 
Pilchuck Creek (48.112494, -122.060843); Miller Creek (47.996242, -
121.781617); Pilchuck River (47.991273, -121.736285); Purdy Creek 
(48.008866, -121.892703); Worthy Creek (48.060661, -121.889486); Scott 
Creek (47.94956, -122.05759); Unnamed (47.946107, -122.078197); Unnamed 
(47.981529, -122.022251); Unnamed (48.014987, -122.065111); Unnamed 
(48.050521, -121.960436); Unnamed (48.052319, -121.873027); Unnamed 
(48.056823, -121.920701); Unnamed (47.893981, -122.064909); Unnamed 
(47.90029, -122.055264); Unnamed (47.900781, -122.071709); Unnamed 
(47.902216, -122.060278); Unnamed (47.909758, -122.055179); Unnamed 
(47.91308, -122.079588); Unnamed (47.91411, -122.073471); Unnamed 
(47.930159, -122.045611); Unnamed (47.970802, -122.07904); Wilson Creek 
(48.007178, -121.772124).

[[Page 923]]

    (ii) Snohomish River Watershed 1711001102. Outlet(s) = Quilceda 
Creek (48.045077, -122.207633); Snohomish River (48.020024, -
122.199952); Steamboat Slough (48.035252, -122.187716); Union Slough 
(48.033026, -122.187941); Unnamed (48.042687, -122.203304); upstream to 
endpoint(s) in: Allen Creek (48.060189, -122.155845); Anderson Creek 
(47.823494, -122.063169); Batt Slough (47.893752, -122.101932); Burri 
Creek (47.996254, -122.12825); Ebey Slough (47.942077, -122.172019); 
Elliott Creek (47.832096, -122.058076); Evans Creek (47.837998, -
122.084366); French Creek (47.905702, -122.006538); Lake Beecher 
(47.853003, -122.08659); Larimer Creek (47.889935, -122.141659); 
Quilceda Creek (48.126701, -122.136538); Snohomish River (47.845642, -
122.066164); Swan Trail Slough (47.924299, -122.144247); Thomas Creek 
(47.885779, -122.133759); Unnamed (47.89605, -122.024132); Unnamed 
(47.874632, -122.06789); Unnamed (47.878911, -122.062819); Unnamed 
(47.883214, -122.075259); Unnamed (47.883685, -122.064291); Unnamed 
(47.977505, -122.164439); Unnamed (47.989661, -122.153303); Unnamed 
(47.989986, -122.157628); Unnamed (47.992902, -122.153788); Unnamed 
(47.994226, -122.155257); Unnamed (47.999821, -122.157617); Unnamed 
(47.999833, -122.154307); Unnamed (48.000441, -122.160006); Unnamed 
(48.131795, -122.131717); Unnamed (47.826251, -122.063007); Unnamed 
(47.839617, -122.088583); Unnamed (47.842605, -122.060737); Unnamed 
(47.842773, -122.09302); Unnamed (47.845642, -122.066164); Unnamed 
(47.845758, -122.092344); Unnamed (47.846844, -122.064563); Unnamed 
(47.851113, -122.010167); Unnamed (47.852079, -122.018572); Unnamed 
(47.861172, -122.029372); Unnamed (47.864352, -122.091793); Unnamed 
(47.868184, -122.033887); Unnamed (47.868667, -122.071745); Unnamed 
(47.871627, -122.007148); Unnamed (47.872067, -122.012574); Unnamed 
(47.872807, -122.007458); Unnamed (47.872892, -122.020313); Unnamed 
(47.873683, -122.02625); Unnamed (47.873838, -122.023394); Unnamed 
(47.873972, -122.020824); Unnamed (47.873974, -122.018382); Unnamed 
(47.874621, -122.033932); Unnamed (47.87602, -122.018838); Unnamed 
(47.876587, -122.038858); Unnamed (47.877086, -122.10383); Unnamed 
(47.878155, -122.093306); Unnamed (47.878365, -122.047458); Unnamed 
(47.879616, -122.121293); Unnamed (47.880169, -122.120704); Unnamed 
(47.880744, -122.124328); Unnamed (47.880801, -122.115079); Unnamed 
(47.881683, -122.018106); Unnamed (47.882464, -122.049811); Unnamed 
(47.88295, -122.036805); Unnamed (47.883214, -122.128361); Unnamed 
(47.887449, -122.136266); Unnamed (47.887628, -122.115244); Unnamed 
(47.889292, -122.138508); Unnamed (47.889733, -122.139749); Unnamed 
(47.889949, -122.045002); Unnamed (47.891627, -122.052284); Unnamed 
(47.893918, -122.1473); Unnamed (47.893921, -122.15179); Unnamed 
(47.900751, -122.162699); Unnamed (47.901957, -122.165281); Unnamed 
(47.903224, -122.152517); Unnamed (47.905749, -122.171392); Unnamed 
(47.906952, -122.1713); Unnamed (47.909784, -122.174177); Unnamed 
(47.917745, -122.179549); Unnamed (47.91785, -122.170724); Unnamed 
(47.917965, -122.176424); Unnamed (47.918881, -122.166131); Unnamed 
(47.919953, -122.159256); Unnamed (47.920163, -122.112239); Unnamed 
(47.922557, -122.152328); Unnamed (47.926219, -122.164369); Unnamed 
(47.927044, -122.187844); Unnamed (47.927115, -122.181581); Unnamed 
(47.928771, -122.182785); Unnamed (47.929155, -122.1575); Unnamed 
(47.9292, -122.16225); Unnamed (47.931447, -122.155867); Unnamed 
(47.935459, -122.190942); Unnamed (47.935975, -122.19135); Unnamed 
(47.936814, -122.170221); Unnamed (47.939084, -122.174422); Unnamed 
(47.939185, -122.192305); Unnamed (47.939694, -122.150153); Unnamed 
(47.940939, -122.155435); Unnamed (47.940947, -122.157858); Unnamed 
(47.94244, -122.157373); Unnamed (47.942726, -122.17536); Unnamed 
(47.945442, -122.192582); Unnamed (47.94649, -122.146106); Unnamed 
(47.946592, -122.146917); Unnamed (47.947975, -122.179796); Unnamed 
(47.949211, -122.139884); Unnamed (47.949321, -122.159191); Unnamed 
(47.949477, -122.132724); Unnamed (47.949525, -122.141519); Unnamed 
(47.954551, -122.127872);

[[Page 924]]

Unnamed (47.954673, -122.126737); Unnamed (47.954755, -122.131233); 
Unnamed (47.955528, -122.131243); Unnamed (47.956927, -122.19563); 
Unnamed (47.959917, -122.126245); Unnamed (47.960424, -122.126126); 
Unnamed (47.960595, -122.12673); Unnamed (47.961773, -122.130148); 
Unnamed (47.99053, -122.133921); Unnamed (48.001732, -122.129584); 
Unnamed (48.035728, -122.158051); Unnamed (48.038525, -122.160828); 
Unnamed (48.039738, -122.153565); Unnamed (48.041372, -122.151583); 
Unnamed (48.042963, -122.150051); Unnamed (48.044102, -122.147735); 
Unnamed (48.047591, -122.150945); Unnamed (48.048094, -122.159389); 
Weiser Creek (48.004603, -122.127993); West Fork Quilceda Creek 
(48.114329, -122.192036); Wood Creek (47.925014, -122.184669); Wood 
Creek (47.946568, -122.177043).
    (10) Lake Washington 17110012--(i) Cedar River 1711001201. Outlet(s) 
= Cedar River (Lat 47.500458, Long -122.215889); upstream to endpoint(s) 
in: Cedar River (47.419017, -121.781807); Hotel Creek (47.412859, -
121.910189); Madsen Creek (47.454959, -122.139271); Molasses Creek 
(47.458236, -122.160236); North Rock Creek (47.398935, -121.906887); 
Peterson Creek (47.421385, -122.071428); Rock Creek (47.361425, -
121.989528); Seventeen Creek (47.392916, -121.820937); Steele Creek 
(47.41485, -121.820204); Taylor Creek (47.371712, -121.827216); Webster 
Creek (47.415607, -121.919722); Williams Creek (47.406308, -121.859432); 
Unnamed (47.412034, -122.005441); Unnamed (47.397644, -122.015869); 
Walsh Lake Diversion Ditch (47.388412, -121.983268).
    (ii) [Reserved]
    (11) Duwamish Subbasin 17110013--(i) Upper Green River Watershed 
1711001301. Outlet(s) = Green River (Lat 47.147332, Long -121.337530); 
Smay Creek (47.22558, -121.608029); upstream to endpoint(s) in: Friday 
Creek (47.220272, -121.457068); Green Canyon (47.224794, -121.573207); 
Intake Creek (47.205494, -121.400407); Lester Creek (47.201505, -
121.478166); Mccain Creek (47.209121, -121.530424); Sawmill Creek 
(47.169396, -121.450398); Smay Creek (47.262876, -121.571182); Snow 
Creek (47.267186, -121.414); Rock Creek (47.178042, -121.519565); Twin 
Camp (47.172731, -121.380409); West Creek (47.261865, -121.413235); West 
Fork Smay Creek (47.274569, -121.606566); Wolf Creek (47.21422, -
121.581762); Sunday Creek (47.258566, -121.367101); Tacoma Creek 
(47.187342, -121.364175).
    (ii) Middle Green River Watershed 1711001302. Outlet(s) = Green 
River (Lat 47.288124, Long -121.97032); upstream to endpoint(s) in: Bear 
Creek (47.277192, -121.800206); Boundary Creek (47.274726, -121.71933); 
Charley Creek (47.245104, -121.789334); Cougar Creek (47.243692, -
121.645414); Eagle Creek (47.304949, -121.723086); Gale Creek 
(47.263433, -121.700312); Green River (47.222773, -121.608297); North 
Fork Green River (47.284327, -121.665707); Piling Creek (47.281819, -
121.756524); Smay Creek (47.22558, -121.608029); Sylvester Creek 
(47.245565, -121.654863).
    (iii) Lower Green River Watershed 1711001303. Outlet(s) = Duwamish 
Waterway (Lat 47.583483, Long -122.359684); Unnamed (47.588989, -
122.34426); upstream to endpoint(s) in: Big Soos Creek (47.372078, -
122.144432); Black River (47.417508, -122.185115); Burns Creek 
(47.289464, -122.075333); Crisp Creek (47.294623, -122.055513); Cristy 
Creek (47.27092, -122.017489); Green River (47.288124, -121.97032); 
Jenkins Creek (47.37728, -122.080576); Little Soos Creek (47.378342, -
122.106081); Mill Creek (47.303262, -122.272491); Newaukum Creek 
(47.225659, -121.906874); Ravensdale Creek (47.33485, -122.02312); Rock 
Creek (47.310539, -122.024859); Stonequarry Creek (47.244084, -
121.932273); Unnamed (47.220884, -122.023242); Unnamed (47.220892, -
122.016139); Unnamed (47.234075, -121.931801); Unnamed (47.325011, -
122.200079); Unnamed (47.335135, -122.154992); Unnamed (47.353478, -
122.258274); Unnamed (47.360321, -122.225589); Unnamed (47.374183, -
122.103011); Unnamed (47.389595, -122.225993).
    (12) Puyallup Subbasin 17110014--(i) Upper White River Watershed 
1711001401. Outlet(s) = Greenwater River (Lat 47.158517, Long -
121.659041); White River (47.158251, -121.659559); upstream to 
endpoint(s) in: George Creek (47.099306, -121.472868); Greenwater River 
(47.091025, -121.456044); Huckleberry Creek (47.053496, -121.616046); 
Pyramid Creek (47.113047,

[[Page 925]]

-121.455762); Twentyeight Mile Creek (47.060856, -121.511537); Unnamed 
(47.051445, -121.71716); Unnamed (47.12065, -121.554216); Unnamed 
(47.134311, -121.583518); West Fork White River (47.047717, -
121.692719); Whistle Creek (47.118448, -121.489277); White River 
(47.01416, -121.529457); Wrong Creek (47.043096, -121.699618).
    (ii) Lower White River Watershed 1711001402. Outlet(s) = White River 
(Lat 47.200025, Long -122.255912); upstream to endpoint(s) in: Boise 
Creek (47.195608, -121.947967); Camp Creek (47.147051, -121.703951); 
Canyon Creek (47.13331, -121.862029); Clearwater River (47.084983, -
121.783524); Greenwater River (47.158517, -121.659041); Scatter Creek 
(47.162429, -121.87438); Unnamed (47.222955, -122.097188); Unnamed 
(47.229087, -122.07162); Unnamed (47.233808, -122.109926); Unnamed 
(47.245631, -122.058795); Unnamed (47.247135, -122.22738); Unnamed 
(47.25371, -122.264826); Unnamed (47.261283, -122.13136); Unnamed 
(47.268104, -122.25123); Unnamed (47.238173, -122.223415); White River 
(47.158251, -121.659559).
    (iii) Carbon River Watershed 1711001403. Outlet(s) = Carbon River 
(Lat 47.123651, Long -122.229222); upstream to endpoint(s) in: Carbon 
River (46.993075, -121.926834); Coplar Creek (47.072996, -122.167682); 
Gale Creek (47.086262, -122.015047); Page Creek (47.12503, -122.009401); 
South Fork South Prairie Creek (47.099283, -121.954505); Unnamed 
(47.096464, -122.141219); Unnamed (47.097218, -122.145432); Unnamed 
(47.141246, -122.058699); Voight Creek (47.077134, -122.131266); 
Wilkeson Creek (47.089113, -122.011371).
    (iv) Upper Puyallup River Watershed 1711001404. Outlet(s) = Carbon 
River (Lat 47.130578, Long -122.232672); Puyallup River (47.130572, -
122.232719); upstream to endpoint(s) in: Carbon River (47.123651, -
122.229222); Fox Creek (47.012694, -122.183844); Kellog Creek 
(46.913785, -122.083644); Le Dout Creek (46.935374, -122.054579); 
Niesson Creek (46.88451, -122.032222); Ohop Creek (46.941896, -
122.222784); Puyallup River (46.904305, -122.03511); Unnamed (46.901022, 
-122.053271); Unnamed (46.915301, -122.08532); Unnamed (47.033738, -
122.183585); Unnamed (47.072524, -122.217752); Unnamed (47.077709, -
122.21324).
    (v) Lower Puyallup River Watershed 1711001405. Outlet(s) = Hylebos 
Creek (Lat 47.260936, Long -122.360296); Puyallup River (47.262018, -
122.419738); Wapato Creek (47.254142, -122.376043); upstream to 
endpoint(s) in: Canyonfalls Creek (47.141497, -122.220946); Carbon River 
(47.130578, -122.232672); Clarks Creek (47.175558, -122.318004); Clarks 
Creek (47.214046, -122.341441); Fennel Creek (47.149294, -122.186141); 
Hylebos Creek (47.268092, -122.304897); Puyallup River (47.130572, -
122.232719); Simons Creek (47.223614, -122.306576); Swam Creek 
(47.198605, -122.392952); Unnamed (47.192643, -122.338319); Unnamed 
(47.212642, -122.362772); Unnamed (47.284933, -122.328406); West Hylebos 
Creek (47.28045, -122.319677); White River (47.200025, -122.255912).
    (13) Nisqually Subbasin 17110015--(i) Mashel/Ohop Watershed 
1711001502. Outlet(s) = Lackamas Creek (Lat 46.8589, Long -122.488209); 
Nisqually River (46.864078, -122.478318); Tobolton Creek (46.863143, -
122.480177); upstream to endpoint(s) in: Beaver Creek (46.858889, -
122.187968); Busy Wild Creek (46.797885, -122.041534); Little Mashel 
River (46.850176, -122.27362); Lynch Creek (46.879792, -122.275113); 
Mashel River (46.84805, -122.104803); Nisqually River (46.823001, -
122.30402); Ohop Valley Creek (46.924846, -122.260991); Powell Creek 
(46.84388, -122.436634); Tanwax Creek (46.941782, -122.280108); Tobolton 
Creek (46.823649, -122.48512); Twentyfive Mile Creek (46.924778, -
122.259359); Unnamed (46.832309, -122.528978); Unnamed (46.907314, -
122.261798).
    (ii) Lowland Watershed 1711001503. Outlet(s) = Mcallister Creek (Lat 
47.086256, Long -122.72842); Nisqually River (47.098476, -122.698813); 
Red Salmon Creek (47.096419, -122.687018); upstream to endpoint(s) in: 
Horn Creek (46.917907, -122.464722); Lacamas Creek (46.974424, -
122.477971); Lacamas Creek (47.008577, -122.53729); Lackamas Creek 
(46.8589, -122.488209); Mcallister Creek (47.029715, -122.724885); Muck 
Creek (47.024063, -122.333195); Murray Creek (46.978923, -122.494325); 
Nisqually River (46.864078, -122.478318); Red Salmon Creek (47.083089, -
122.678869); South

[[Page 926]]

Creek (46.985228, -122.287693); Thompson Creek (46.953803, -122.63521); 
Tobolton Creek (46.863143, -122.480177); Unnamed (46.88276, -
122.481929); Unnamed (46.92337, -122.522371); Unnamed (46.999957, -
122.652251); Unnamed (47.034211, -122.674166); Unnamed (47.03749, -
122.735619); Unnamed (47.083824, -122.682663); Yelm Creek (46.947774, -
122.606162).
    (14) Deschutes 17110016--(i) Deschutes River-Lake Lawrence 
1711001601. Outlet(s) = Deschutes River (Lat 46.858414, -122.703615); 
upstream to endpoint(s) in: Deschutes River (46.803719, -122.41723); 
Fall Creek (46.801851, -122.508518); Hull Creek (46.815628, -
122.551688); Johnson Creek (46.771083, -122.424056); Mitchell Creek 
(46.764822, -122.520257); Pipeline Creek (46.815019, -122.557139); 
Thurston Creek (46.787177, -122.426181); Unnamed (46.776798, -
122.456757); Unnamed (46.821012, -122.552051); Unnamed (46.825293, -
122.597406).
    (ii) Deschutes River-Capitol Lake 1711001602. Outlet(s) = Deschutes 
River (Lat 47.043613, Long -122.909102); upstream to endpoint(s) in: 
Deschutes River (46.858414, -122.703615); Unnamed (46.883422, -
122.791346); Unnamed (46.885585, -122.765692); Unnamed (46.900133, -
122.761883); Unnamed (46.920776, -122.814054).
    (15) Skokomish Subbasin 17110017--(i) Skokomish River Watershed 
1711001701. Outlet(s) = Skokomish River (Lat 47.354102, Long -
123.113454); Unnamed (47.346915, -123.1288); upstream to endpoint(s) in: 
Aristine Creek (47.339036, -123.330797); Brown Creek (47.426884, -
123.273846); Cedar Creek (47.438747, -123.412558); Church Creek 
(47.460295, -123.455165); Fir Creek (47.336146, -123.302908); Frigid 
Creek (47.378231, -123.241695); Gibbons Creek (47.401886, -123.237898); 
Harp Creek (47.403646, -123.307961); Kirkland Creek (47.31996, -
123.290062); Le Bar Creek (47.42431, -123.321985); Mctaggert Creek 
(47.415308, -123.249773); Mussel Shell Creek (47.299392, -123.154163); 
North Fork Skokomish River (47.398124, -123.201673); Pine Creek 
(47.443201, -123.429394); Purdy Canyon (47.30192, -123.181551); Purdy 
Creek (47.304446, -123.188829); South Fork Skokomish River (47.490355, -
123.460444); Unnamed (47.307518, -123.202431); Unnamed (47.309215, -
123.151179); Unnamed (47.312777, -123.250097); Unnamed (47.314724, -
123.179082); Unnamed (47.315244, -123.177395); Unnamed (47.317283, -
123.233949); Unnamed (47.318056, -123.168869); Unnamed (47.319036, -
123.198978); Unnamed (47.320262, -123.233188); Unnamed (47.321111, -
123.168254); Unnamed (47.32192, -123.307559); Unnamed (47.32264, -
123.166947); Unnamed (47.324298, -123.166032); Unnamed (47.32618, -
123.165265); Unnamed (47.327954, -123.1645); Unnamed (47.340589, -
123.229732); Vance Creek (47.363339, -123.37747); Weaver Creek 
(47.309516, -123.23971).
    (ii) [Reserved]
    (16) Hood Canal Subbasin 17110018--(i) Lower West Hood Canal Frontal 
Watershed 1711001802. Outlet(s) = Eagle Creek (Lat 47.484737, Long -
123.077896); Finch Creek (47.406474, -123.13894); Fulton Creek 
(47.618077, -122.974895); Jorsted Creek (47.526147, -123.050128); 
Lilliwaup Creek (47.468701, -123.114852); Unnamed (47.457462, -
123.112951); Unnamed (47.570832, -123.01278); upstream to endpoint(s) 
in: Eagle Creek (47.499033, -123.100927); Finch Creek (47.406575, -
123.145463); Fulton Creek (47.628033, -122.985435); Jorsted Creek 
(47.52439, -123.066123); Lilliwaup Creek (47.470625, -123.116282); 
Unnamed (47.459167, -123.133047); Unnamed (47.57275, -123.020786).
    (ii) Hamma Hamma River Watershed 1711001803. Outlet(s) = Hamma Hamma 
River (Lat 47.546939, Long -123.045218); upstream to endpoint(s) in: 
Hamma Hamma River (47.560258, -123.066043); North Fork John Creek 
(47.545766, -123.072377); South Fork John Creek (47.541154, -123.07576).
    (iii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush 
River (Lat 47.650063, Long -122.936017); Unnamed (47.651985, -
122.935914); upstream to endpoint(s) in: Duckabush River (47.683876, -
123.069991); Unnamed (47.656559, -122.939617); Unnamed (47.658797, -
122.946881); Unnamed (47.664171, -122.958939); Unnamed (47.665164, -
122.971688).
    (iv) Dosewallips River Watershed 1711001805. Outlet(s) = Dosewallips 
River (Lat 47.687868, Long -122.895799); upstream to endpoint(s) in: 
Dosewallips River (47.728734, -123.112328); Gamm

[[Page 927]]

Creek (47.740548, -123.064117); Rocky Brook (47.720965, -122.941729); 
Unnamed (47.703663, -122.942585); Unnamed (47.718461, -123.001437).
    (v) Big Quilcene River Watershed 1711001806. Outlet(s) = Big 
Quilcene River (Lat 47.818629, Long -122.861797); upstream to 
endpoint(s) in: Big Quilcene River (47.81031, -122.91278); Unnamed 
(47.844904, -122.934513).
    (vi) Upper West Hood Canal Frontal Watershed 1711001807. Outlet(s) = 
Donovan Creek (Lat 47.827622, Long -122.858429); Indian George Creek 
(47.807881, -122.869227); Little Quilcene River (47.826459, -
122.862109); Spencer Creek (47.745578, -122.875483); Tarboo Creek 
(47.860282, -122.813536); Thorndyke Creek (47.816713, -122.739675); 
Unnamed (47.69516, -122.807343); Unnamed (47.742597, -122.767326); 
Unnamed (47.780439, -122.865654); Unnamed (47.803054, -122.748043); 
Unnamed (47.809788, -122.791892); Unnamed (47.827807, -122.696476); 
Unnamed (47.870429, -122.693831); upstream to endpoint(s) in: Donovan 
Creek (47.852344, -122.859015); Indian George Creek (47.806041, -
122.872191); Leland Creek (47.87993, -122.878552); Little Quilcene River 
(47.87162, -122.920887); Spencer Creek (47.757649, -122.895277); Tarboo 
Creek (47.917525, -122.825126); Unnamed (47.700468, -122.804836); 
Unnamed (47.745248, -122.772127); Unnamed (47.780486, -122.870015); 
Unnamed (47.817369, -122.763825); Unnamed (47.826301, -122.786512); 
Unnamed (47.845809, -122.709645); Unnamed (47.847797, -122.878694); 
Unnamed (47.857542, -122.837721); Unnamed (47.86785, -122.773687); 
Unnamed (47.871141, -122.795142); Unnamed (47.886493, -122.830585); 
Unnamed (47.888336, -122.801101); Unnamed (47.889882, -122.698239).
    (vii) West Kitsap Watershed 1711001808. Outlet(s) = Anderson Creek 
(Lat 47.566784, Long -122.967625); Anderson Creek (47.665387, -
122.757767); Big Beef Creek (47.651916, -122.783607); Boyce Creek 
(47.609223, -122.915305); Dewatto River (47.45363, -123.048642); Mission 
Creek (47.430736, -122.872828); Seabeck Creek (47.63558, -122.834296); 
Stavis Creek (47.625046, -122.872893); Tahuya River (47.376565, -
123.038419); Union River (47.44818, -122.838076); Unnamed (47.453546, -
123.048616); Unnamed (47.585137, -122.945064); Unnamed (47.826269, -
122.56367); upstream to endpoint(s) in: Anderson Creek (47.660179, -
122.756351); Bear Creek (47.498732, -122.811755); Big Beef Creek 
(47.589887, -122.846319); Boyce Creek (47.609187, -122.914277); Mission 
Creek (47.499061, -122.850487); Seabeck Creek (47.623835, -122.838375); 
Stavis Creek (47.605496, -122.872936); Tin Mine Creek (47.577069, -
122.829158); Union River (47.527109, -122.785967); Unnamed (47.416887, -
122.999502); Unnamed (47.43499, -123.053793); Unnamed (47.438227, -
123.043285); Unnamed (47.451055, -123.016346); Unnamed (47.451077, -
122.914789); Unnamed (47.454548, -122.986648); Unnamed (47.457926, -
122.82675); Unnamed (47.459434, -122.841199); Unnamed (47.461807, -
122.986012); Unnamed (47.464136, -122.996728); Unnamed (47.471436, -
123.026462); Unnamed (47.472953, -122.853144); Unnamed (47.473856, -
122.98827); Unnamed (47.496903, -122.832756); Unnamed (47.499811, -
122.959843); Unnamed (47.513538, -122.976821); Unnamed (47.518086, -
122.944624); Unnamed (47.533867, -122.966128); Unnamed (47.556351, -
122.93869); Unnamed (47.578134, -122.831814); Unnamed (47.578146, -
122.944137); Unnamed (47.617962, -122.881294); Unnamed (47.823731, -
122.557569).
    (17) Kitsap Subbasin 17110019--(i) Kennedy/Goldsborough Watershed 
1711001900. Outlet(s) = Campbell Creek (Lat 47.222039, Long -
123.025109); Cranberry Creek (47.262433, -123.015892); Deer Creek 
(47.259411, -123.009378); Goldsborough Creek (47.209541, -123.09519); 
Kennedy Creek (47.096767, -123.085708); Johns Creek (47.246105, -
123.042959); Lynch Creek (47.152742, -123.052635); Malaney Creek 
(47.25142, -123.0197); Mill Creek (47.195478, -122.996269); Perry Creek 
(47.04923, -123.005168); Schneider Creek (47.091599, -123.075637); 
Shelton Creek (47.213868, -123.095177); Sherwood Creek (47.375171, -
122.835464); Skookum Creek (47.127879, -123.088396); Uncle John Creek 
(47.223441, -123.028998); Unnamed (47.138813, -123.076426); Unnamed 
(47.348035, -123.073581); Unnamed (47.406636, -122.887438); Unnamed 
(47.43145, -122.848454); Unnamed

[[Page 928]]

(47.378832, -122.974308); Unnamed (47.382516, -122.948722); upstream to 
endpoint(s) in: Campbell Creek (47.226397, -122.997893); Cranberry Creek 
(47.283615, -123.111755); Deer Creek (47.327279, -122.911546); Gosnell 
Creek (47.132634, -123.208108); Johns Creek (47.252177, -123.129051); 
Kamilche Creek (47.109481, -123.120016); Kennedy Creek (47.079184, -
123.126612); Lynch Creek (47.16124, -123.063246); Malaney Creek 
(47.248952, -123.011342); North Fork Goldsborough Creek (47.226417, -
123.221454); Perry Creek (47.053893, -123.021482); Rock Creek 
(47.173241, -123.200765); Schneider Creek (47.071686, -123.056453); 
Shelton Creek (47.22776, -123.11259); Shumocher Creek (47.31782, -
122.992107); South Fork Goldsborough Creek (47.186447, -123.252006); 
Uncle John Creek (47.230245, -123.028211); Unnamed (47.081522, -
123.102753); Unnamed (47.097705, -123.216015); Unnamed (47.100105, -
123.216045); Unnamed (47.1455, -123.081178); Unnamed (47.149979, -
123.116498); Unnamed (47.154715, -123.122654); Unnamed (47.182813, -
123.154821); Unnamed (47.183317, -122.993257); Unnamed (47.187858, -
123.166457); Unnamed (47.209485, -123.249564); Unnamed (47.223587, -
122.981336); Unnamed (47.225845, -123.243846); Unnamed (47.226397, -
122.997893); Unnamed (47.25604, -123.060758); Unnamed (47.293868, -
123.03765); Unnamed (47.322265, -122.993083); Unnamed (47.345989, -
123.087997); Unnamed (47.361619, -122.901294); Unnamed (47.36676, -
122.866433); Unnamed (47.37043, -122.975612); Unnamed (47.378331, -
122.84611); Unnamed (47.37179, -122.957923); Unnamed (47.385117, -
122.898154); Unnamed (47.41665, -122.847985).
    (ii) Puget Sound 1711001901. Outlet(s) = Anderson Creek (Lat 
47.527851, Long -122.683072); Barker Creek (47.637847, -122.670114); 
Blackjack Creek (47.542244, -122.627229); Burley Creek (47.412304, -
122.631424); Chico Creek (47.602679, -122.705419); Clear Creek 
(47.652349, -122.68632); Coulter Creek (47.406361, -122.819291); 
Crescent Valley (47.345209, -122.583101); Crouch Creek (47.652147, -
122.62956); Curley Creek (47.523499, -122.546087); Gorst Creek 
(47.527855, -122.697881); Illahe Creek (-122.595950, 47.610235); 
Mccormick Creek (47.371692, -122.624236); Minter Creek (47.371035, -
122.702469); North Creek (47.337484, -122.592533); Olalla Creek 
(47.425398, -122.551857); Purdy Creek (47.387232, -122.626582); Rocky 
Creek (47.371062, -122.78137); Unnamed (47.538696, -122.65636); Unnamed 
(47.645936, -122.69393); Unnamed (47.712429, -122.613727); Unnamed 
(47.717886, -122.656445); Unnamed (47.750936, -122.649151); Unnamed 
(47.770208, -122.559178); Unnamed (47.794724, -122.512034); upstream to 
endpoint(s) in: Anderson Creek (47.505029, -122.69725); Barker Creek 
(47.647598, -122.658222); Blackjack Creek (47.477097, -122.648962); 
Burley Creek (47.477671, -122.616862); Clear Creek (47.685465, -
122.684758); Coulter Creek (47.44497, -122.768147); Crescent Valley 
(47.387661, -122.573475); Crouch Creek (47.652949, -122.636766); Curley 
Creek (47.470853, -122.591807); Dickerson Creek (47.574216, -
122.730548); Gorst Creek (47.517739, -122.743902); Heins Creek 
(47.532474, -122.719281); Huge Creek (47.416967, -122.697785); Illahe 
Creek (-122.610219, 47.608727); Kitsap Creek (47.565562, -122.705833); 
Lost Creek (47.580058, -122.772143); Mccormick Creek (47.360692, -
122.616179); Minter Creek (47.417427, -122.68133); North Creek 
(47.345176, -122.602062); Olalla Creek (47.458804, -122.575015); Parish 
Creek (47.525007, -122.715043); Purdy Creek (47.424097, -122.601949); 
Rocky Creek (47.406815, -122.784426); Salmonberry Creek (47.521201, -
122.583691); Unnamed (47.375417, -122.764465); Unnamed (47.407431, -
122.816273); Unnamed (47.458461, -122.654176); Unnamed (47.461146, -
122.658942); Unnamed (47.508334, -122.678469); Unnamed (47.647488, -
122.631401); Unnamed (47.652615, -122.705727); Unnamed (47.655222, -
122.70488); Unnamed (47.656966, -122.63518); Unnamed (47.669431, -
122.688117); Unnamed (47.717933, -122.672648); Unnamed (47.718897, -
122.613062); Unnamed (47.760942, -122.618495); Unnamed (47.763767, -
122.637787); Unnamed (47.809222, -122.537334); Unnamed (47.80967, -
122.532478); Unnamed (47.583852, -122.799196); Unnamed (47.386707, -
122.68788); Unnamed (47.772157, -122.560033); Unnamed (47.772641, -
122.555341); Unnamed

[[Page 929]]

(47.796516, -122.513062); Unnamed (47.689613, -122.537011); Wildcat 
Creek (47.601646, -122.774958).
    (iii) Woodland Creek-McLane Creek Frontal 1711001902. Outlet(s) = 
McLane Creek (Lat 47.03475, Long -122.990395); Unnamed (47.095699, -
122.94549); Woodard Creek (47.120914, -122.861775); Woodland Creek 
(47.092725, -122.823614); upstream to endpoint(s) in: McLane Creek 
(47.001481, -123.009329); Swift Creek (47.031622, -123.008267); Unnamed 
(47.028842, -122.985445); Unnamed (47.060468, -122.964496); Unnamed 
(47.071776, -122.827649); Woodard Creek (47.040784, -122.853709); 
Woodland Creek (47.034018, -122.781534);
    (iv) Puget Sound-East Passage 1711001904. Outlet(s) = Christensen 
Creek (Lat 47.403038, Long -122.51902); Judd Creek (47.402315, -
122.467989); Lunds Gulch (47.859951, -122.334873); Shingle Mill Creek 
(47.480286, -122.482557); Unnamed (47.646085, -122.567546); Unnamed 
(47.694552, -122.536480); upstream to endpoint(s) in: Judd Creek 
(47.416852, -122.47661); Lunds Gulch (47.859132, -122.327183); Shingle 
Mill Creek (47.467927, -122.474433); Unnamed (47.40206, -122.512865); 
Unnamed (47.641478, -122.566998); Unnamed (47.689613, -122.537011).
    (v) Chambers Creek 1711001906. Outlet(s) = Chambers Creek (Lat 
47.186966, Long -122.583739); upstream to endpoint(s) in: Chambers Creek 
(47.155756, -122.527739); Clover Creek (47.136455, -122.433679); Clover 
Creek (47.155756, -122.527739); Flett Creek (47.179364, -122.497762); 
Leach Creek (47.209364, -122.512372); Ponce De Leon Creek (47.162148, -
122.52888).
    (vi) Port Ludlow Creek-Chimacum Creek 1711001908. Outlet(s) = 
Chimacum Creek (Lat 48.050532, Long -122.784429); Unnamed (47.917613, -
122.703872); upstream to endpoint(s) in: Unnamed (47.918337, -
122.709325); Unnamed (47.927687, -122.805588); Unnamed (47.947673, -
122.850871); Unnamed (47.954906, -122.7614); Unnamed (47.986329, -
122.80519).
    (18) Dungeness-Elwha Subbasin 17110020--(i) Discovery Bay Watershed 
1711002001. Outlet(s) = Contractors Creek (Lat 48.04559, Long -
122.874989); Salmon Creek (47.989306, -122.889155); Snow Creek 
(47.989848, -122.88472); upstream to endpoint(s) in: Andrews Creek 
(47.916408, -122.900812); Contractors Creek (48.041198, -122.879974); 
Salmon Creek (47.968169, -122.963869); Snow Creek (47.935356, -
122.943211).
    (ii) Sequim Bay Watershed 1711002002. Outlet(s) = Bell Creek (Lat 
48.083191, Long -123.052803); Jimmycomelately Creek (48.023348, -
123.005179); Johnson Creek (48.062731, -123.040899); Unnamed (48.028495, 
-122.996498); upstream to endpoint(s) in: Bell Creek (48.062921, -
123.103118); Jimmycomelately Creek (47.991106, -123.012853); Johnson 
Creek (48.054282, -123.060541); Unnamed (47.98473, -123.004078); Unnamed 
(48.028602, -122.994476); Unnamed (48.077698, -123.085489).
    (iii) Dungeness River Watershed 1711002003. Outlet(s) = Cassalery 
Creek (Lat 48.134645, Long -123.096671); Dungeness River (48.150413, -
123.132404); Gierin Creek (48.115086, -123.060063); Unnamed (48.137866, 
-123.101098); Unnamed (48.153473, -123.12799); upstream to endpoint(s) 
in: Bear Creek (48.05479, -123.159906); Canyon Creek (48.022505, -
123.141514); Cassalery Creek (48.105307, -123.121002); Dungeness River 
(47.938446, -123.089756); Gierin Creek (48.091597, -123.095521); Gold 
Creek (47.941297, -123.086086); Gray Wolf River (47.916035, -
123.242895); Matriotti Creek (48.068168, -123.193047); Unnamed 
(48.065991, -123.17376); Unnamed (48.06625, -123.169857); Unnamed 
(48.068168, -123.193047); Unnamed (48.068308, -123.193024); Unnamed 
(48.090644, -123.191398); Unnamed (48.106277, -123.076132); Unnamed 
(48.107219, -123.187879); Unnamed (48.112875, -123.160292); Unnamed 
(48.116253, -123.157937); Unnamed (48.116481, -123.141572); Unnamed 
(48.118304, -123.078321); Unnamed (48.124002, -123.143503); Unnamed 
(48.127704, -123.111613); Unnamed (48.12912, -123.148566); Unnamed 
(48.130335, -123.127456).
    (iv) Port Angeles Harbor Watershed 1711002004. Outlet(s) = Bagley 
Creek (Lat 48.114035, Long -123.340599); Dry Creek (48.134316, -
123.520821); Ennis Creek (48.117472, -123.405373); Lees Creek 
(48.114686, -123.388339); McDonald Creek (48.125382, -123.220649); Morse 
Creek (48.117713, -123.351674); Siebert Creek (48.120481, -123.289579); 
Tumwater Creek (48.124386,

[[Page 930]]

-123.445396); Valley Creek (48.122912, -123.437893); upstream to 
endpoint(s) in: Bagley Creek (48.057013, -123.319844); Dry Creek 
(48.123255, -123.520058); East Fork Lees Creek (48.075209, -123.37549); 
East Fork Siebert Creek (48.02011, -123.287767); Ennis Creek (48.052991, 
-123.411534); Lees Creek (48.078066, -123.394993); McDonald Creek 
(48.017887, -123.232576); Morse Creek (48.061048, -123.349345); Pederson 
Creek (48.026991, -123.253803); Tumwater Creek (48.092665, -123.4702); 
Unnamed (48.0143, -123.260326); Unnamed (48.030295, -123.301668); Valley 
Creek (48.106808, -123.451781); West Fork Siebert Creek (48.000634, -
123.304205).
    (v) Elwha River Watershed 1711002007. Outlet(s) = Elwha River (Lat 
48.146456, Long -123.568438); upstream to endpoint(s) in: Elwha River 
(47.742466, -123.54088); Unnamed (48.13353, -123.557816); Unnamed 
(48.143336, -123.555008); Indian Creek (48.07806, -123.725186); Little 
River (48.05994, -123.520805).
    (19) Maps of proposed critical habitat for the Puget Sound steelhead 
DPS follow:

[[Page 931]]

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[[Page 932]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.012


[[Page 933]]


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[[Page 934]]


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[[Page 935]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.015


[[Page 936]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.016


[[Page 937]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.017


[[Page 938]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.018


[[Page 939]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.019


[[Page 940]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.020


[[Page 941]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.021


[[Page 942]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.022


[[Page 943]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.023


[[Page 944]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.024


[[Page 945]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.025


[[Page 946]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.026


[[Page 947]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.027


[[Page 948]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.028


[[Page 949]]


[GRAPHIC] [TIFF OMITTED] TR24FE16.029


[70 FR 52684, Sept. 2, 2005, as amended at 73 FR 7844, Feb. 11, 2008; 81 
FR 9277, Feb. 24, 2016]



Sec.  226.213  [Reserved]



Sec.  226.214  Critical habitat for Gulf sturgeon.

    Gulf sturgeon is under the joint jurisdiction of the U.S. Fish and 
Wildlife

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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 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

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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 of the line reached by the mean high water.
    The term 72 COLREGS is defined as demarcation lines which delineate 
those waters upon which mariners shall comply with the International 
Regulations for Preventing Collisions at Sea, 1972 and those waters upon 
which mariners shall comply with the Inland Navigation Rules (33 CFR 
80.01). The waters inside of these lines are Inland Rules waters and the 
waters outside the lines are COLREGS waters. These lines are defined in 
33 CFR part 80, and have been used for identification purposes to 
delineate boundary lines of the estuarine and marine habitat Units 8, 9, 
11, and 12.
    Critical habitat does not include existing developed sites such as 
dams, piers, marinas, bridges, boat ramps, exposed oil and gas 
pipelines, oil rigs, and similar structures or designated public 
swimming areas.
    Critical habitat units are depicted for Louisiana, Mississippi, 
Alabama and Florida on the maps below. The textual unit descriptions 
below are definitive sources for determining the critical habitat 
boundaries. General location maps by unit are provided for general 
guidance purposes only, and not as a definitive source for determining 
critical habitat boundaries.
    (a) Unit 1: Pearl River System in St. Tammany and Washington 
Parishes in Louisiana and Walthall, Hancock, Pearl River, Marion, 
Lawrence, Simpson, Copiah, Hinds, Rankin, and Pike Counties in 
Mississippi. (1) Unit 1 includes the Pearl River main stem from the 
spillway of the Ross Barnett Dam, Hinds and Rankin Counties, 
Mississippi, downstream to where the main stem river drainage discharges 
at its mouth joining Lake Borgne, Little Lake, or The Rigolets in 
Hancock County, Mississippi, and St. Tammany Parish, Louisiana. It 
includes the main stems of the East Pearl River, West Pearl River, West 
Middle River, Holmes Bayou, Wilson Slough, downstream to where these 
main stem river drainages discharge at the mouths of Lake Borgne, Little 
Lake, or The Rigolets. Unit 1 also includes the Bogue Chitto River main 
stem, a tributary of the Pearl River, from Mississippi State Highway 
570, Pike County, Mississippi, downstream to its confluence with the 
West Pearl River, St. Tammany Parish, Louisiana. The lateral extent of 
Unit 1 is the ordinary high water line on each bank of the associated 
rivers and shorelines.
    (2) Maps of Unit 1 follow:

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    (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.

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    (2) Major shipping channels in this unit are excluded under section 
4(b)(2) of the Act.
    (3) Maps of Unit 2 follow:
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    (c) Unit 3: Escambia River System in Santa Rosa and Escambia 
Counties, Florida and Escambia, Conecuh, and Covington Counties, 
Alabama. (1) Unit 3 includes the Conecuh River main stem beginning just 
downstream of the spillway of Point A Dam, Covington County, Alabama, 
downstream to the Florida State line, where its name changes to the 
Escambia River, Escambia County, Alabama, and Escambia and Santa Rosa 
Counties, Florida. It includes the entire main stem of the Escambia 
River downstream to its discharge into Escambia Bay and Macky Bay, 
Escambia and Santa Rosa Counties, Florida. All of the distributaries of 
the Escambia River including White River, Little White River, Simpson 
River, and Dead River, Santa Rosa County, Florida are included. The 
Sepulga River main stem from Alabama County Road 42, Conecuh and 
Escambia Counties, Alabama, downstream to its confluence with the 
Conecuh River, Escambia County, Alabama, is also included. The lateral 
extent of Unit 3 is the ordinary high water line on each bank of the 
associated lakes, rivers, and shorelines.
    (2) Maps of Unit 3 follow:

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    (d) Unit 4: Yellow River System in Santa Rosa and Okaloosa Counties, 
Florida and Covington County, Alabama. (1) Unit 4 includes the Yellow 
River main stem from Alabama State Highway 55, Covington County, 
Alabama, downstream to its discharge at Blackwater Bay, Santa Rosa 
County, Florida. All Yellow River distributaries (including Weaver River 
and Skim Lake) discharging into Blackwater Bay are included. The Shoal 
River main stem, a Yellow River tributary, from Florida Highway 85, 
Okaloosa County, Florida, to its confluence with the Yellow River, is 
included. The Blackwater River from its confluence with Big Coldwater 
Creek, Santa Rosa County, Florida, downstream to its discharge into 
Blackwater Bay is included. Wright Basin and Cooper Basin, Santa Rosa 
County, on the Blackwater River are included. The lateral extent of Unit 
4 is the ordinary high water line on each bank of the associated lakes, 
rivers, and shorelines.
    (2) Maps of Unit 4 follow:

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    (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:

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    (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:

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    (g) Unit 7: Suwannee River System in Hamilton, Suwannee, Madison, 
Lafayette, Gilchrist, Levy, Dixie, and Columbia Counties, Florida. (1) 
Unit 7 includes the Suwannee River main stem, beginning from its 
confluence with Long Branch Creek, Hamilton County, Florida, downstream 
to the mouth of the Suwannee River. It includes all the Suwannee River 
distributaries, including the East Pass, West Pass, Wadley Pass, and 
Alligator Pass, Dixie and Levy Counties, Florida, to their discharge 
into the Suwannee Sound or the Gulf of Mexico. The Withlacoochee River 
main stem from Florida State Road 6, Madison and Hamilton Counties, 
Florida, to its confluence with the Suwannee River is included. The 
lateral extent of Unit 7 is the ordinary high water line on each bank of 
the associated rivers and shorelines.
    (2) Maps of Unit 7 follow:

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    (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

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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:

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    (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:

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    (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

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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
    

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    (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:

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    (j) 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

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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
    

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    (k) 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:

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    (l) 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

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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:

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[68 FR 13454, Mar. 19, 2003]

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Sec.  226.215  Critical habitat for the North Pacific Right Whale 
(Eubalaena japonica).

    (a) Primary Constituent Elements. The primary constituent elements 
of the North Pacific right whale are the copepods Calanus marshallae, 
Neocalanus cristatus, and N. plumchris, and the euphausiid Thysanoessa 
raschii, in areas of the North Pacific Ocean in which North Pacific 
right whales are known or believed to feed, as described in paragraphs 
(b) and (c) of this section.
    (b) Bering Sea. An area described by a series of straight lines 
connecting the following coordinates in the order listed:
    58[deg]00[min] N/168[deg]00[min] W
    58[deg]00[min] N/163[deg]00[min] W
    56[deg]30[min] N/161[deg]45[min] W
    55[deg]00[min] N/166[deg]00[min] W
    56[deg]00[min] N/168[deg]00[min] W
    58 [deg]00[min] N/168[deg]00[min] W.
    (c) Gulf of Alaska. An area described by a series of straight lines 
connecting the following coordinates in the order listed:
    57[deg]03[min] N/153[deg]00[min] W
    57[deg]18[min] N/151[deg]30[min] W
    57[deg]00[min] N/ 151[deg]30[min] W
    56[deg]45[min] N/153[deg]00[min] W
    57[deg]03[min] N/153[deg]00[min] W.
    (d) Maps of critical habitat for the North Pacific right whale 
follow:

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[73 FR 19011, Apr. 8, 2008]

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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 997]]

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 998]]

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[[Page 999]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.002


[[Page 1000]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.003


[[Page 1001]]


[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 1002]]

(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 1003]]



------------------------------------------------------------------------
            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 1004]]



------------------------------------------------------------------------
            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 1005]]

[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 1006]]

 
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 1007]]

 
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 1008]]

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 1009]]

    (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 1010]]

[GRAPHIC] [TIFF OMITTED] TR10AU09.025


[[Page 1011]]


[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 1012]]

 
                                                      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 1013]]

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 1014]]

 
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 1015]]

 
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 1016]]

[GRAPHIC] [TIFF OMITTED] TR02SE09.000


[[Page 1017]]


[GRAPHIC] [TIFF OMITTED] TR02SE09.001


[74 FR 45373, Sept. 2, 2009]

[[Page 1018]]



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 1019]]

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 1020]]

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 1021]]

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 1022]]

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 1023]]

    (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 1024]]

[GRAPHIC] [TIFF OMITTED] TR09OC09.000


[[Page 1025]]


[GRAPHIC] [TIFF OMITTED] TR09OC09.001


[[Page 1026]]


[GRAPHIC] [TIFF OMITTED] TR09OC09.002


[[Page 1027]]



[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 1028]]

[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 1029]]

    (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 1030]]

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 1031]]

[GRAPHIC] [TIFF OMITTED] TR27OC11.002


[[Page 1032]]


[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 1033]]

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 1034]]

    (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 1035]]


[GRAPHIC] [TIFF OMITTED] TR20OC11.001


[76 FR 65349, Oct. 20, 2011]

[[Page 1036]]



Sec.  226.223  Critical habitat for the Northwest Atlantic Ocean Distinct 
Population Segment of the loggerhead sea turtle (Caretta caretta).

    Critical habitat is designated for the Northwest Atlantic Ocean 
Distinct Population Segment of the loggerhead sea turtle (Caretta 
caretta) as described in this section. The textual descriptions of 
critical habitat in this section are the definitive source for 
determining the critical habitat boundaries. For nearshore reproductive 
areas, the areas extend directly from the mean high water (MHW) line 
datum at each end of the area seaward 1.6 km. Where beaches are within 
1.6 km of each other, nearshore areas are connected, either along the 
shoreline (MHW line) or by delineating on GIS a straight line from the 
end of one beach to the beginning of another (either from island to 
island, or across an inlet or the mouth of an estuary). Although 
generally following these rules, the exact delineation of each area was 
determined individually because each was unique. The overview maps are 
provided for general guidance only and not as a definitive source for 
determining critical habitat boundaries.
    (a) Critical habitat boundaries. Critical habitat is designated to 
include the following areas:
    (1) LOGG-N-1--North Carolina Constricted Migratory Corridor and 
Northern Portion of the North Carolina Winter Concentration Area. This 
unit contains constricted migratory and winter habitat. The unit 
includes the North Carolina constricted migratory corridor and the 
overlapping northern half of the North Carolina winter concentration 
area. The constricted migratory corridor off North Carolina consists of 
waters between 36[deg] N. lat. and Cape Lookout (approximately 
34.58[deg] N. lat.) from the edge of the Outer Banks, North Carolina, 
barrier islands to the 200 m (656 ft) depth contour (continental shelf). 
The constricted migratory corridor overlaps with the northern portion of 
winter concentration area off North Carolina. The western and eastern 
boundaries of winter habitat are the 20 m and 100 m (65.6 and 328 ft) 
depth contours, respectively. The northern boundary of winter habitat 
starts at Cape Hatteras (35[deg]16[min] N lat.) in a straight 
latitudinal line between 20 and 100 m (65.6-328 ft) depth contours and 
ends at Cape Lookout (approximately 34.58[deg] N. lat.).
    (2) LOGG-N-2--Southern Portion of the North Carolina Winter 
Concentration Area. This unit contains winter habitat only. The 
boundaries include waters between the 20 and 100 m (65.6 and 328 ft) 
depth contours between Cape Lookout to Cape Fear. The eastern and 
western boundaries of winter habitat are the 20 m and 100 m (65.6 and 
328 ft) depth contours, respectively. The northern boundary is Cape 
Lookout (approximately 34.58[deg] N). The southern boundary is a 37.5 km 
(23.25 mile) line that extends from the 20 m (65.6 ft) depth contour at 
approximately 33.47[deg] N, 77.58[deg] W (off Cape Fear) to the 100 m 
(328 ft) depth contour at approximately 33.2[deg] N, 77.32[deg] W.
    (3) LOGG-N-3--Bogue Banks and Bear Island, Carteret and Onslow 
Counties, North Carolina. This unit contains nearshore reproductive 
habitat only. The unit consists of nearshore area from Beaufort Inlet to 
Bear Inlet (crossing Bogue Inlet) from the MHW line seaward 1.6 km.
    (4) LOGG-N-4--Topsail Island and Lea-Huttaf Island, Onslow and 
Pender Counties, North Carolina. This unit contains nearshore 
reproductive habitat only. The unit consists of nearshore area from New 
River Inlet to Rich Inlet (crossing New Topsail Inlet) from the MHW line 
seaward 1.6 km.
    (5) LOGG-N-5--Pleasure Island, Bald Head Island, Oak Island, and 
Holden Beach, New Hanover and Brunswick Counties, North Carolina. This 
unit contains nearshore reproductive habitat only. The unit consists of 
nearshore area from Carolina Beach Inlet around Cape Fear to Shallotte 
Inlet (crossing the mouths of the Cape Fear River and Lockwoods Folly 
Inlet), from the MHW line seaward 1.6 km.
    (6) LOGG-N-6--North, Sand, South and Cedar Islands, Georgetown 
County, South Carolina; Murphy, Cape, Lighthouse Islands and Racoon Key, 
Charleston County, South Carolina. This unit contains nearshore 
reproductive habitat only. The unit consists of nearshore area from 
North Inlet to Five Fathom Creek Inlet (crossing Winyah Bay, North 
Santee Inlet, South Santee Inlet, Cape

[[Page 1037]]

Romain Inlet, and Key Inlet) from the MHW line seaward 1.6 km.
    (7) LOGG-N-7--Folly, Kiawah, Seabrook, Botany Bay Islands, Botany 
Bay Plantation, Interlude Beach, and Edingsville Beach, Charleston 
County, South Carolina; Edisto Beach State Park, Edisto Beach, and Pine 
and Otter Islands, Colleton County, South Carolina. This unit contains 
nearshore reproductive habitat only. The unit consists of nearshore area 
from Lighthouse Inlet to Saint Helena Sound (crossing Folly River, 
Stono, Captain Sam's, North Edisto, Frampton, Jeremy, South Edisto and 
Fish Creek Inlets) from the MHW line seaward 1.6 km.
    (8) LOGG-N-8--Harbor Island, Beaufort County, South Carolina. This 
unit contains nearshore reproductive habitat only. The unit consists of 
nearshore area from Harbor Inlet to Johnson Inlet from the MHW line 
seaward 1.6 km.
    (9) LOGG-N-9--Little Capers, St. Phillips, and Bay Point Islands, 
Beaufort County, South Carolina. This unit contains nearshore 
reproductive habitat only. The unit consists of nearshore area from 
Pritchards Inlet to Port Royal Sound (crossing Trenchards Inlet and 
Morse Island Creek Inlet East) from the MHW line seaward 1.6 km.
    (10) LOGG-N-10--Little Tybee Island, Chatham County, Georgia: This 
unit contains nearshore reproductive habitat only. The boundaries of 
this unit are from Tybee Creek Inlet to Wassaw Sound from the MHW line 
seaward 1.6 km.
    (11) LOGG-N-11--Wassaw Island, Chatham County, Georgia: This unit 
contains nearshore reproductive habitat only. The boundaries of the unit 
are from Wassaw Sound to Ossabaw Sound from the MHW line seaward 1.6 km.
    (12) LOGG-N-12--Ossabaw Island, Chatham County, Georgia; St. 
Catherines Island, Liberty County, Georgia; Blackbeard and Sapelo 
Islands, McIntosh County, Georgia: This unit contains nearshore 
reproductive habitat only. The boundaries of this unit are nearshore 
areas from the Ogeechee River to Deboy Sound (crossing St. Catherines 
Sound, McQueen Inlet, Sapelo Sound, and Cabretta Inlet), extending from 
the MHW line and seaward 1.6 km.
    (13) LOGG-N-13--Little Cumberland Island and Cumberland Island, 
Camden County, Georgia: This unit contains nearshore reproductive 
habitat only. The boundaries of this unit are nearshore areas from St. 
Andrew Sound to the St. Marys River (crossing Christmas Creek) from the 
MHW line seaward 1.6 km.
    (14) LOGG-N-14--Southern Boundary of Kathryn Abbey Hanna Park to 
Mantanzas Inlet, Duval and St. Johns Counties, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of the unit 
are nearshore areas from the south boundary of Kathryn Abbey Hanna Park 
to Matanzas Inlet (crossing St. Augustine Inlet) from the MHW line 
seaward 1.6 km.
    (15) LOGG-N-15--Northern Boundary of River to Sea Preserve at 
Marineland to Granada Blvd., Flagler and Volusia Counties, Florida: This 
unit contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from the north boundary of River to Sea 
Preserve at Marineland to Granada Boulevard in Ormond Beach from the MHW 
line seaward 1.6 km.
    (16) LOGG-N-16--Canaveral National Seashore to 28.70[deg] N, 
80.66[deg] W near Titusville, Volusia and Brevard Counties, Florida: 
This unit contains nearshore reproductive habitat only. Boundaries of 
the unit are nearshore areas from the north boundary of Canaveral 
National Seashore to 28.70[deg] N, 80.66[deg] W near Titusville (at the 
start of the Titusville--Floridana Beach concentrated breeding area) 
from the MHW line seaward 1.6 km.
    (17) LOGG-N-17--Titusville to Floridana Beach Concentrated Breeding 
Area, Northern Portion of the Florida Constricted Migratory Corridor, 
Nearshore Reproductive Habitat from 28.70[deg] N, 80.66[deg] W near 
Titusville to Cape Canaveral Air Force Station; and Nearshore 
Reproductive Habitat from Patrick Airforce Base and Central Brevard 
Beaches, Brevard County, Florida: This unit includes overlapping areas 
of nearshore reproductive habitat, constricted migratory habitat, 
breeding habitat, and Sargassum habitat. The concentrated breeding 
habitat area is from the MHW line on shore at 28.70[deg] N, 80.66[deg] W 
near Titusville to depths less than 60 m and

[[Page 1038]]

extending south to Floridana Beach. This overlaps with waters in the 
northern portion of the Florida constricted migratory corridor, which 
begins at the tip of Cape Canaveral Air Force Station (28.46[deg] N. 
lat.) and ends at Floridana beach, including waters from the MHW line on 
shore to the 30 m depth contour. Additionally, the above two habitat 
areas overlap with two nearshore reproductive habitat areas. The first 
begins near Titusville at 28.70[deg] N, 80.66[deg] W to the south 
boundary of the Cape Canaveral Air Force Station/Canaveral Barge Canal 
Inlet from the MHW line seaward 1.6 km. The second begins at Patrick Air 
Force Base, Brevard County, through the central Brevard Beaches to 
Floridana Beach from the MHW line seaward 1.6 km.
    (18) LOGG-N-18--Florida Constricted Migratory Corridor from 
Floridana Beach to Martin County/Palm Beach County Line; Nearshore 
Reproductive Habitat from Floridana Beach to the south end of Indian 
River Shores; Nearshore Reproductive Habitat from Fort Pierce inlet to 
Martin County/Palm Beach County Line, Brevard, Indian River and Martin 
Counties, Florida--This unit contains nearshore reproductive habitat and 
constricted migratory habitat. The unit contains a portion of the 
Florida constricted migratory corridor, which is located in the 
nearshore waters from the MHW line to the 30 m depth contour off 
Floridana Beach to the Martin County/Palm Beach County line. This 
overlaps with two nearshore reproductive habitat areas. The first 
nearshore reproductive area includes nearshore areas from Floridana 
Beach to the south end of Indian River Shores (crossing Sebastian Inlet) 
from the MHW line seaward1.6 km. The second nearshore reproductive 
habitat area includes nearshore areas from Fort Pierce inlet to Martin 
County/Palm Beach County line (crossing St. Lucie Inlet) from the MHW 
line seaward 1.6 km.
    (19) LOGG-N-19--Southern Florida Constricted Migratory Corridor; 
Southern Florida Concentrated Breeding Area; and Six Nearshore 
Reproductive Areas: Martin County/Palm Beach County line to Hillsboro 
Inlet, Palm Beach and Broward Counties, Florida; Long Key, Bahia Honda 
Key, Woman Key, Boca Grande Key, and Marquesas Keys, Monroe County, 
Florida--This unit contains nearshore reproductive habitat, constricted 
migratory habitat, and breeding habitat. The unit contains the southern 
Florida constricted migratory corridor habitat, overlapping southern 
Florida breeding habitat, and overlapping nearshore reproductive 
habitat. The southern portion of the Florida concentrated breeding area 
and the southern Florida constricted migratory corridor are both located 
in the nearshore waters starting at the Martin County/Palm Beach County 
line to the westernmost edge of the Marquesas Keys (82.17[deg] W. 
long.), with the exception of the waters under the jurisdiction of NAS 
Key West. The seaward border then follows the 200 m depth contour to the 
westernmost edge at the Marquesas Keys. The overlapping nearshore 
reproductive habitat includes nearshore waters starting at the Martin 
County/Palm Beach County line to Hillsboro Inlet (crossing Jupiter, Lake 
Worth, Boyton, and Boca Raton Inlets) from the MHW line seaward 1.6 km; 
Long Key, which is bordered on the east by the Atlantic Ocean, on the 
west by Florida Bay, and on the north and south by natural channels 
between Keys (Fiesta Key to the north and Conch Key to the south), and 
has boundaries following the borders of the island from the MHW line 
seaward to 1.6 km; Bahia Honda Key, from the MHW line seaward 1.6 km; 4) 
Woman Key, from the MHW line and seaward to 1.6 km; 5) Boca Grande Key, 
from the MHW line seaward to 1.6 km; 6) the Marquesas Keys unit 
boundary, including nearshore areas from the MHW line seaward to 1.6 km 
from four islands where loggerhead sea turtle nesting has been 
documented within the Marquesas Keys: Marquesas Key, Unnamed Key 1, 
Unnamed Key 2, and Unnamed Key 3.
    (20) LOGG-N-20--Dry Tortugas, Monroe County, Florida: This unit 
contains nearshore reproductive habitat only. The unit boundary includes 
nearshore areas from the MHW line and seaward to 1.6 km (1.0 mile) from 
six islands where loggerhead sea turtle nesting has been documented 
within the Dry Tortugas. From west to east, these six islands are: 
Loggerhead Key, Garden

[[Page 1039]]

Key, Bush Key, Long Key, Hospital Key, and East Key.
    (21) LOGG-N-21--Cape Sable, Monroe County, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of the unit 
are nearshore areas from the MHW line and seaward to 1.6 km from the 
north boundary of Cape Sable at 25.25[deg] N, 81.17[deg] W to the south 
boundary of Cape Sable at 25.12[deg] N, 81.07[deg] W.
    (22) LOGG-N-22--Graveyard Creek to Shark Point, Monroe County, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are nearshore areas from Shark Point (25.39[deg] 
N, 81.15[deg] W) to Graveyard Creek Inlet from the MHW line seaward 1.6 
km.
    (23) LOGG-N-23--Highland Beach, Monroe County, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of this 
unit are from First Bay to Rogers River Inlet from the MHW line seaward 
1.6 km.
    (24) LOGG-N-24--Ten Thousand Islands North, Collier County, Florida: 
This unit contains nearshore reproductive habitat only. The unit 
boundary includes nearshore areas from the MHW line seaward 1.6 km of 
nine keys where loggerhead sea turtle nesting has been documented within 
the northern part of the Ten Thousand Islands in Collier County in both 
the Ten Thousand Islands NWR and the Rookery Bay NERR.
    (25) LOGG-N-25--Cape Romano, Collier County, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of the unit 
are nearshore areas from Caxambas Pass to Gullivan Bay from the MHW line 
seaward 1.6 km.
    (26) LOGG-N-26--Keewaydin Island and Sea Oat Island, Collier County, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are nearshore areas from Gordon Pass to Big Marco 
Pass from the MHW line seaward 1.6 km.
    (27) LOGG-N-27--Little Hickory Island to Doctors Pass, Lee and 
Collier Counties, Florida: This unit contains nearshore reproductive 
habitat only. The boundaries of the unit are nearshore areas from Little 
Hickory Island to Doctors Pass (crossing Wiggins Pass and Clam Pass) 
from the MHW line seaward 1.6 km.
    (28) LOGG-N-28--Captiva Island and Sanibel Island West, Lee County, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are nearshore areas from the north end of 
Captiva/Captiva Island Golf Club (starting at Redfish Pass and crossing 
Blind Pass) and along Sanibel Island West to Tarpon Bay Road, from the 
MHW line seaward 1.6 km.
    (29) LOGG-N-29--Siesta and Casey Keys, Sarasota County; Venice 
Beaches and Manasota Key, Sarasota and Charlotte Counties; Knight, Don 
Pedro, and Little Gasparilla Islands, Charlotte County; Gasparilla 
Island, Charlotte and Lee Counties; Cayo Costa, Lee County, Florida: 
This unit contains nearshore reproductive habitat only. The boundaries 
of this unit are nearshore areas from Big Sarasota Pass to Catliva Pass 
(crossing Venice Inlet, Stump Pass, Gasparilla Pass, and Boca Grande 
Pass), from the MHW line seaward 1.6 km.
    (30) LOGG-N-30--Longboat Key, Manatee and Sarasota Counties, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are the north point of Longboat Key at Longboat 
Pass to New Pass, from the MHW line seaward 1.6 km.
    (31) LOGG-N-31--St. Joseph Peninsula, Cape San Blas, St. Vincent, 
St. George and Dog Islands, Gulf and Franklin Counties, Florida: This 
unit contains nearshore reproductive habitat only. The boundaries of 
this unit are from St. Joseph Bay to St. George Sound (crossing Indian, 
West, and East Passes) from the MHW line seaward 1.6 km.
    (32) LOGG-N-32--Mexico Beach and St. Joe Beach, Bay and Gulf 
Counties, Florida: This unit contains nearshore reproductive habitat 
only. The boundaries of the unit are from the eastern boundary of 
Tyndall Air Force Base to Gulf County Canal in St. Joseph Bay from the 
MHW line seaward 1.6 km.
    (33) LOGG-N-33--Gulf State Park to FL/AL state line, Baldwin County, 
Alabama; FL/AL state line to Pensacola Pass, Escambia County, Florida: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from the west

[[Page 1040]]

boundary of Gulf State Park to the Pensacola Pass (crossing Perido Pass 
and the Alabama-Florida border) from the MHW line and seaward to 1.6 km.
    (34) LOGG-N-34--Mobile Bay -- Little Lagoon Pass, Baldwin County, 
Alabama: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are nearshore areas from Mobile Bay Inlet to 
Little Lagoon Pass from the MHW line and seaward to 1.6 km.
    (35) LOGG-N-35--Petit Bois Island, Jackson County, Mississippi: This 
unit contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from Horn Island Pass to Petit Bois Pass from 
the MHW line and seaward to 1.6 km.
    (36) LOGG-N-36--Horn Island, Jackson County, Mississippi: This unit 
contains nearshore reproductive habitat only. The boundaries of the unit 
are nearshore areas from Dog Keys Pass to the eastern most point of the 
ocean facing island shore from the MHW line and seaward to 1.6 km.
    (37) LOGG-S-1--Atlantic Ocean Sargassum: This unit contains 
Sargassum habitat and overlaps with breeding habitat (LOGG-N-17). The 
western edge of the unit is the Gulf of Mexico-Atlantic border (83[deg] 
W. long.) from 24.58[deg] N. lat. to 23.82[deg] N. lat. The outer 
boundary of the unit is the U.S. EEZ, starting at the Gulf of Mexico-
Atlantic border (23.82[deg] N. lat., 83[deg] W. long.) and proceeding 
east and north until the EEZ coincides with the Gulf Stream at 
37.84[deg] N. lat., 70.59[deg] W. long. The inner boundary of the unit 
starts at the Gulf of Mexico-Atlantic border (24.58[deg] N. lat., 
83[deg] W. long.) to the outer edge of the breeding/migratory critical 
habitat (LOGG-N-19) at 24.34[deg] N. lat., 82.16[deg] W. long., along 
the outer edge of the corridor (following the 200 m depth contour) until 
it coincides with the breeding habitat off of Cape Canaveral (LOGG-N-17) 
at 27.97[deg] N. lat., 80.14[deg] W. long., and from there roughly 
following the velocity of 0.401-0.50 m/second (Ocean Conservancy 2012; 
PMEL 2012) until it coincides with the outer edge of the EEZ at 
37.84[deg] N. lat., 70.59[deg] W. long.
    (38) LOGG-S-2--Gulf of Mexico Sargassum. This unit contains 
Sargassum habitat only. The northern and western boundaries of the unit 
follow the 10 m depth contour starting at the mouth of South Pass of the 
Mississippi River proceeding west and south to the outer boundary of the 
U.S. EEZ. The southern boundary of the unit is the U.S. EEZ from the 10 
m depth contour off of Texas to the Gulf of Mexico-Atlantic border 
(83[deg] W. long.). The eastern boundary follows the 10 m depth contour 
from the mouth of South Pass of the Mississippi River at 28.97[deg] N. 
lat., 89.15[deg] W. long., in a straight line to the northernmost 
boundary of the Loop Current (28[deg] N. lat., 89[deg] W. long.) and 
along the eastern edge of the Loop Current roughly following the 
velocity of 0.101-0.20 m/second as depicted by Love et al. (2013) using 
the Gulf of Mexico summer mean sea surface currents from 1993-2011, to 
the Gulf of Mexico-Atlantic border (24.58[deg] N. lat., 83[deg] W. 
long.).
    (b) Physical or biological features and primary constituent elements 
essential for conservation. The physical or biological features (PBFs) 
and primary constituent elements (PCEs) essential for conservation of 
the Northwest Atlantic Ocean DPS of the loggerhead sea turtle are 
identified by habitat type below.
    (1) Nearshore reproductive habitat. The PBF of nearshore 
reproductive habitat as a portion of the nearshore waters adjacent to 
nesting beaches that are used by hatchlings to egress to the open-water 
environment as well as by nesting females to transit between beach and 
open water during the nesting season. The following PCEs support this 
habitat:
    (i) Nearshore waters directly off the highest density nesting 
beaches and their adjacent beaches, as identified in 50 CFR 17.95(c), to 
1.6 km offshore;
    (ii) Waters sufficiently free of obstructions or artificial lighting 
to allow transit through the surf zone and outward toward open water; 
and
    (iii) Waters with minimal manmade structures that could promote 
predators (i.e., nearshore predator concentration caused by submerged 
and emergent offshore structures), disrupt wave patterns necessary for 
orientation, and/or create excessive longshore currents.

[[Page 1041]]

    (2) Winter habitat. We describe the PBF of the winter habitat as 
warm water habitat south of Cape Hatteras near the western edge of the 
Gulf Stream used by a high concentration of juveniles and adults during 
the winter months. PCEs that support this habitat are the following:
    (i) Water temperatures above 10 [deg]C from November through April;
    (ii) Continental shelf waters in proximity to the western boundary 
of the Gulf Stream; and
    (iii) Water depths between 20 and 100 m.
    (3) Breeding habitat. We describe the PBF of concentrated breeding 
habitat as those sites with high densities of both male and female adult 
individuals during the breeding season. PCEs that support this habitat 
are the following:
    (i) High densities of reproductive male and female loggerheads;
    (ii) Proximity to primary Florida migratory corridor; and
    (iii) Proximity to Florida nesting grounds.
    (4) Constricted migratory habitat. We describe the PBF of 
constricted migratory habitat as high use migratory corridors that are 
constricted (limited in width) by land on one side and the edge of the 
continental shelf and Gulf Stream on the other side. PCEs that support 
this habitat are the following:
    (i) Constricted continental shelf area relative to nearby 
continental shelf waters that concentrate migratory pathways; and
    (ii) Passage conditions to allow for migration to and from nesting, 
breeding, and/or foraging areas.
    (5) Sargassum habitat. We describe the PBF of loggerhead Sargassum 
habitat as developmental and foraging habitat for young loggerheads 
where surface waters form accumulations of floating material, especially 
Sargassum. PCEs that support this habitat are the following:
    (i) Convergence zones, surface-water downwelling areas, the margins 
of major boundary currents (Gulf Stream), and other locations where 
there are concentrated components of the Sargassum community in water 
temperatures suitable for the optimal growth of Sargassum and 
inhabitance of loggerheads;
    (ii) Sargassum in concentrations that support adequate prey 
abundance and cover;
    (iii) Available prey and other material associated with Sargassum 
habitat including, but not limited to, plants and cyanobacteria and 
animals native to the Sargassum community such as hydroids and copepods; 
and
    (iv) Sufficient water depth and proximity to available currents to 
ensure offshore transport (out of the surf zone), and foraging and cover 
requirements by Sargassum for post-hatchling loggerheads, i.e., 
10 m depth.
    (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 (a) of this section:
    (1) Pursuant to ESA section 4(a)(3)(B), all areas subject to the 
Naval Air Station Key West Integrated Natural Resources Management Plan.
    (2) Pursuant to ESA section 3(5)(A)(i), all federally authorized or 
permitted manmade structures such as aids-to-navigation, boat ramps, 
platforms, docks, and pilings existing within the legal boundaries on 
August 11, 2014.
    (d) Maps of loggerhead critical habitat follow:

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[79 FR 39889, July 10, 2014]



Sec.  226.224  Critical habitat for the Puget Sound/Georgia Basin DPS 
of yelloweye rockfish (Sebastes ruberrimus), and Bocaccio (S. paucispinus).

    Critical habitat is designated in the following states and counties 
for the following DPSs as depicted in the maps below and described in 
paragraphs (a) through (d) of this section. The maps can be viewed or 
obtained with greater resolution (http://www.wcr .noaa.gov/) to enable a 
more precise inspection of critical habitat for yelloweye rockfish, 
canary rockfish and bocaccio.
    (a) Critical habitat is designated for the following DPSs in the 
following state and counties:

------------------------------------------------------------------------
                  DPS                             State-counties
------------------------------------------------------------------------
Yelloweye rockfish.....................  Wa--San Juan, Whatcom, Skagit,
                                          Island, Clallam, Jefferson
                                          Snohomish, King, Pierce,
                                          Kitsap, Thurston, Mason.
Bocaccio...............................  Wa--San Juan, Whatcom, Skagit,
                                          Island, Clallam, Jefferson
                                          Snohomish, King, Pierce,
                                          Kitsap, Thurston, Mason.
------------------------------------------------------------------------


[[Page 1062]]

    (b) Critical habitat boundaries. In delineating nearshore (shallower 
than 30 m (98 ft)) areas in Puget Sound, we define critical habitat for 
bocaccio, as depicted in the maps below, as occurring from the shoreline 
from extreme high water out to a depth no greater than 30 m (98 ft) 
relative to mean lower low water. Deepwater critical habitat for 
yelloweye rockfish and bocaccio occurs in some areas, as depicted in the 
maps below, from depths greater than 30 m (98 ft). The critical habitat 
designation includes the marine waters above (the entire water column) 
the nearshore and deepwater areas depicted in the maps in this section.
    (c) Essential features for juvenile bocaccio. (1) Juvenile 
settlement habitats located in the nearshore with substrates such as 
sand, rock and/or cobble compositions that also support kelp are 
essential for conservation because these features enable forage 
opportunities and refuge from predators and enable behavioral and 
physiological changes needed for juveniles to occupy deeper adult 
habitats. Several attributes of these sites determine the quality of the 
area and are useful in considering the conservation value of the 
associated feature and in determining whether the feature may require 
special management considerations or protection. These features also are 
relevant to evaluating the effects of an action in an ESA section 7 
consultation if the specific area containing the site is designated as 
critical habitat. These attributes include:
    (i) Quantity, quality, and availability of prey species to support 
individual growth, survival, reproduction, and feeding opportunities; 
and
    (ii) Water quality and sufficient levels of dissolved oxygen to 
support growth, survival, reproduction, and feeding opportunities.
    (2) Nearshore areas are contiguous with the shoreline from the line 
of extreme high water out to a depth no greater than 30 meters (98 ft) 
relative to mean lower low water.
    (d) Essential features for adult bocaccio and adult and juvenile 
yelloweye rockfish. Benthic habitats and sites deeper than 30 m (98 ft) 
that possess or are adjacent to areas of complex bathymetry consisting 
of rock and or highly rugose habitat are essential to conservation 
because these features support growth, survival, reproduction, and 
feeding opportunities by providing the structure for rockfish to avoid 
predation, seek food and persist for decades. Several attributes of 
these sites determine the quality of the habitat and are useful in 
considering the conservation value of the associated feature, and 
whether the feature may require special management considerations or 
protection. These attributes are also relevant in the evaluation of the 
effects of a proposed action in an ESA section 7 consultation if the 
specific area containing the site is designated as critical habitat. 
These attributes include:
    (1) Quantity, quality, and availability of prey species to support 
individual growth, survival, reproduction, and feeding opportunities;
    (2) Water quality and sufficient levels of dissolved oxygen to 
support growth, survival, reproduction, and feeding opportunities; and
    (3) The type and amount of structure and rugosity that supports 
feeding opportunities and predator avoidance.

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[79 FR 68075, Nov. 13, 2014, as amended at 82 FR 7720, Jan. 23, 2017]

[[Page 1073]]



Sec.  226.225  Critical habitat for the Gulf of Maine, New York Bight, 
Chesapeake Bay, Carolina, and South Atlantic distinct population segments 
(DPSs) of Atlantic Sturgeon.

    Critical habitat is designated for the Gulf of Maine, New York 
Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs of Atlantic 
sturgeon as described in paragraphs (a) through (h) of this section. The 
maps, clarified by the textual descriptions in paragraphs (d) through 
(h) of this section, are the definitive source for determining the 
critical habitat boundaries.
    (a) Critical habitat for the Gulf of Maine, New York Bight, and 
Chesapeake Bay DPSs of Atlantic sturgeon. The physical features 
essential for the conservation of Atlantic sturgeon belonging to the 
Gulf of Maine, New York Bight, and Chesapeake Bay DPSs are those habitat 
components that support successful reproduction and recruitment. These 
are:
    (1) Hard bottom substrate (e.g., rock, cobble, gravel, limestone, 
boulder, etc.) in low salinity waters (i.e., 0.0-0.5 parts per thousand 
range) for settlement of fertilized eggs, refuge, growth, and 
development of early life stages;
    (2) Aquatic habitat with a gradual downstream salinity gradient of 
0.5 up to as high as 30 parts per thousand and soft substrate (e.g., 
sand, mud) between the river mouth and spawning sites for juvenile 
foraging and physiological development;
    (3) Water of appropriate depth and absent physical barriers to 
passage (e.g., locks, dams, thermal plumes, turbidity, sound, 
reservoirs, gear, etc.) between the river mouth and spawning sites 
necessary to support:
    (i) Unimpeded movement of adults to and from spawning sites;
    (ii) Seasonal and physiologically dependent movement of juvenile 
Atlantic sturgeon to appropriate salinity zones within the river 
estuary; and
    (iii) Staging, resting, or holding of subadults or spawning 
condition adults. Water depths in main river channels must also be deep 
enough (e.g., at least 1.2 meters) to ensure continuous flow in the main 
channel at all times when any sturgeon life stage would be in the river;
    (4) Water, between the river mouth and spawning sites, especially in 
the bottom meter of the water column, with the temperature, salinity, 
and oxygen values that, combined, support:
    (i) Spawning;
    (ii) Annual and interannual adult, subadult, larval, and juvenile 
survival; and
    (iii) Larval, juvenile, and subadult growth, development, and 
recruitment (e.g., 13 to 26 [deg]C for spawning habitat and no more than 
30 [deg]C for juvenile rearing habitat, and 6 milligrams per liter (mg/
L) or greater dissolved oxygen for juvenile rearing habitat).
    (5) Pursuant to ESA section 4(a)(3)(B)(i), critical habitat for the 
New York Bight and Chesapeake Bay DPSs of Atlantic sturgeon 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 resource management plan prepared under section 101 of the Sikes 
Act (16 U.S.C. 670a), and for which we have determined that such plan 
provides a conservation benefit to the species, and its habitat, for 
which critical habitat is designated.
    (i) The Department of the Army, U.S. Military Academy--West Point, 
NY;
    (ii) The Department of the Air Force, Joint Base Langley--Eustis, 
VA;
    (iii) The Department of the Navy, Marine Corps Base Quantico, VA;
    (iv) The Department of the Navy, Naval Weapons Station Yorktown, VA; 
and,
    (v) The Department of the Navy, Naval Support Facility Dahlgren, VA.
    (6) Pursuant to ESA section 3(5)(A)(i), critical habitat for the 
Gulf of Maine, New York Bight, and Chesapeake Bay DPSs of Atlantic 
sturgeon does not include existing (already constructed), as of 
September 18, 2017, manmade structures that do not provide the physical 
features such as aids-to-navigation (ATONs), artificial reefs, boat 
ramps, docks, or pilings within the legal boundaries of designated 
critical habitat.
    (b) Critical habitat for the Carolina and South Atlantic DPSs of 
Atlantic sturgeon. The physical features essential for the

[[Page 1074]]

conservation of Atlantic sturgeon belonging to the Carolina and South 
Atlantic DPSs are those habitat components that support successful 
reproduction and recruitment. These are:
    (1) Hard bottom substrate (e.g., rock, cobble, gravel, limestone, 
boulder, etc.) in low salinity waters (i.e., 0.0-0.5 parts per thousand 
range) for settlement of fertilized eggs and refuge, growth, and 
development of early life stages;
    (2) Aquatic habitat inclusive of waters with a gradual downstream 
gradient of 0.5 up to as high as 30 parts per thousand and soft 
substrate (e.g., sand, mud) between the river mouth and spawning sites 
for juvenile foraging and physiological development;
    (3) Water of appropriate depth and absent physical barriers to 
passage (e.g., locks, dams, thermal plumes, turbidity, sound, 
reservoirs, gear, etc.) between the river mouth and spawning sites 
necessary to support:
    (i) Unimpeded movement of adults to and from spawning sites;
    (ii) Seasonal and physiologically dependent movement of juvenile 
Atlantic sturgeon to appropriate salinity zones within the river 
estuary; and
    (iii) Staging, resting, or holding of subadults or spawning 
condition adults. Water depths in main river channels must also be deep 
enough (at least 1.2 meters) to ensure continuous flow in the main 
channel at all times when any sturgeon life stage would be in the river;
    (4) Water quality conditions, especially in the bottom meter of the 
water column, with temperature and oxygen values that support:
    (i) Spawning;
    (ii) Annual and inter-annual adult, subadult, larval, and juvenile 
survival; and
    (iii) Larval, juvenile, and subadult growth, development, and 
recruitment. Appropriate temperature and oxygen values will vary 
interdependently, and depending on salinity in a particular habitat. For 
example, 6.0 mg/L dissolved oxygen or greater likely supports juvenile 
rearing habitat, whereas dissolved oxygen less than 5.0 mg/L for longer 
than 30 days is less likely to support rearing when water temperature is 
greater than 25 [deg]C. In temperatures greater than 26 [deg]C, 
dissolved oxygen greater than 4.3 mg/L is needed to protect survival and 
growth. Temperatures of 13 to 26 [deg]C likely support spawning habitat.
    (5) Pursuant to ESA section 4(a)(3)(B)(i), critical habitat for the 
Carolina DPS of Atlantic sturgeon does not include certain waters of the 
Cooper River, South Carolina, adjacent to Joint Base Charleston. These 
areas are described in 33 CFR 334.460(a)(8)(ii)-(iv), 33 CFR 
334.460(a)(9), and 33 CFR 334.460(a)(10).
    (6) Pursuant to ESA section 3(5)(A)(i), critical habitat for the 
Carolina and the South Atlantic DPSs of Atlantic sturgeon does not 
include existing (already constructed), as of September 18, 2017, 
manmade structures that do not provide the physical features such as 
aids-to-navigation (ATONs), artificial reefs, boat ramps, docks, or 
pilings within the legal boundaries of designated critical habitat.
    (c) States and counties affected by this critical habitat 
designation. Critical habitat is designated for the following DPSs in 
the following states and counties:

------------------------------------------------------------------------
                DPS                            State--Counties
------------------------------------------------------------------------
Gulf of Maine.....................  ME--Androscoggin, Cumberland,
                                     Kennebec, Lincoln, Penobscot,
                                     Sagadahoc, Somerset, Waldo, and
                                     York.
                                    NH--Rockingham and Stafford.
                                    MA--Essex.
New York Bight....................  CT--Fairfield, Hartford, Litchfield,
                                     Middlesex, New Haven, New London,
                                     and Tolland.
                                    NJ--Bergen, Burlington, Camden, Cape
                                     May, Cumberland, Gloucester,
                                     Hudson, Mercer, Monmouth, and
                                     Salem.
                                    NY--Albany, Bronx, Columbia,
                                     Dutchess, Greene, Kings, New York,
                                     Orange, Putnam, Queens, Rensselaer,
                                     Richmond, Rockland, Saratoga,
                                     Ulster, and Westchester.
                                    DE--Kent, New Castle, and Sussex.
                                    PA--Bucks, Delaware, and
                                     Philadelphia.

[[Page 1075]]

 
Chesapeake Bay....................  DC--District of Columbia.
                                    MD--Charles, Dorchester, Montgomery,
                                     Prince George's, St. Mary's, and
                                     Wicomico.
                                    VA--Arlington, Caroline, Charles
                                     City, Chesterfield, Dinwiddie,
                                     Essex, Fairfax, Gloucester,
                                     Hanover, Henrico, Isle of Wight,
                                     King George, James City, King and
                                     Queen, King William, Lancaster,
                                     Loudoun, Middlesex, New Kent,
                                     Northumberland, Prince George,
                                     Prince William, Richmond,
                                     Spotsylvania, Stafford, Surry,
                                     Westmoreland, and York.
Carolina..........................  NC--Anson, Bertie, Beaufort,
                                     Brunswick, Carteret, Columbus,
                                     Craven, Duplin, Edgecombe, Halifax,
                                     Hyde, Johnston, Lenoir, Martin,
                                     Nash, New Hanover, Northampton,
                                     Pamlico, Pender, Pitt, Richmond,
                                     Wake, Washington, and Wayne.
                                    SC--Berkeley, Charleston,
                                     Chesterfield, Clarendon,
                                     Darlington, Dillon, Florence,
                                     Georgetown, Horry, Marion,
                                     Marlboro, and Williamsburg.
South Atlantic....................  SC--Aiken, Allendale, Bamberg,
                                     Barnwell, Beaufort, Charleston,
                                     Colleton, Dorchester, Edgefield,
                                     Hampton, and Jasper.
                                    GA--Appling, Atkinson, Baldwin, Ben
                                     Hill, Bibb, Bleckley, Brantley,
                                     Bryan, Bulloch, Burke, Camden,
                                     Charlton, Chatham, Coffee, Dodge,
                                     Effingham, Emanuel, Glascock,
                                     Glynn, Hancock, Houston, Jeff
                                     Davis, Jefferson, Jenkins, Johnson,
                                     Jones, Laurens, Long, McIntosh,
                                     Monroe, Montgomery, Pierce,
                                     Pulaski, Richmond, Screven,
                                     Tattnall, Telfair, Toombs,
                                     Treutlen, Twiggs, Ware, Warren,
                                     Washington, Wayne, Wheeler, Wilcox,
                                     and Wilkinson.
                                    FL--Baker and Nassau.
------------------------------------------------------------------------

    (d) Critical habitat boundaries for the Gulf of Maine DPS. Critical 
habitat for the Gulf of Maine DPS of Atlantic sturgeon is the waters of:
    (1) Penobscot River main stem from the Milford Dam downstream to 
where the main stem river drainage discharges at its mouth into 
Penobscot Bay;
    (2) Kennebec River main stem from the Ticonic Falls/Lockwood Dam 
downstream to where the main stem river discharges at its mouth into the 
Atlantic Ocean;
    (3) Androscoggin River main stem from the Brunswick Dam downstream 
to where the main stem river drainage discharges into Merrymeeting Bay;
    (4) Piscataqua River from its confluence with the Salmon Falls and 
Cocheco rivers downstream to where the main stem river discharges at its 
mouth into the Atlantic Ocean as well as the waters of the Cocheco River 
from its confluence with the Piscataqua River and upstream to the 
Cocheco Falls Dam, and waters of the Salmon Falls River from its 
confluence with the Piscataqua River and upstream to the Route 4 Dam; 
and
    (5) Merrimack River from the Essex Dam (also known as the Lawrence 
Dam) downstream to where the main stem river discharges at its mouth 
into the Atlantic Ocean.
    (6) Maps of the Gulf of Maine DPS follow:

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    (e) Critical habitat boundaries of the New York Bight DPS. Critical 
habitat for the New York Bight DPS of Atlantic sturgeon is the waters 
of:
    (1) Connecticut River from the Holyoke Dam downstream to where the 
main stem river discharges at its mouth into Long Island Sound;

[[Page 1079]]

    (2) Housatonic River from the Derby Dam downstream to where the main 
stem discharges at its mouth into Long Island Sound;
    (3) Hudson River from the Troy Lock and Dam (also known as the 
Federal Dam) downstream to where the main stem river discharges at its 
mouth into New York City Harbor; and
    (4) Delaware River at the crossing of the Trenton-Morrisville Route 
1 Toll Bridge, downstream to where the main stem river discharges at its 
mouth into Delaware Bay.
    (5) Maps of the New York Bight DPS follow:

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    (f) Critical habitat boundaries of the Chesapeake Bay DPS. Critical 
habitat for the Chesapeake Bay DPS of Atlantic sturgeon is the waters 
of:
    (1) Potomac River from the Little Falls Dam downstream to where the 
main stem river discharges at its mouth into the Chesapeake Bay;

[[Page 1085]]

    (2) Rappahannock River from the U.S. Highway 1 Bridge, downstream to 
where the river discharges at its mouth into the Chesapeake Bay;
    (3) York River from its confluence with the Mattaponi and Pamunkey 
rivers downstream to where the main stem river discharges at its mouth 
into the Chesapeake Bay as well as the waters of the Mattaponi River 
from its confluence with the York River and upstream to the Virginia 
State Route 360 Bridge of the Mattaponi River, and waters of the 
Pamunkey River from its confluence with the York River and upstream to 
the Nelson's Bridge Road Route 615 crossing of the Pamunkey River;
    (4) James River from Boshers Dam downstream to where the main stem 
river discharges at its mouth into the Chesapeake Bay at Hampton Roads; 
and
    (5) Nanticoke River from the Maryland State Route 313 Bridge 
crossing near Sharptown, MD to where the main stem discharges at its 
mouth into the Chesapeake Bay as well as Marshyhope Creek from its 
confluence with the Nanticoke River and upriver to the Maryland State 
Route 318 Bridge crossing near Federalsburg, MD.
    (6) Maps of the Chesapeake Bay DPS follow:

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    (g) Critical habitat boundaries of the Carolina DPS. The lateral 
extent for all critical habitat units for the Carolina DPS of Atlantic 
sturgeon is the ordinary high water mark on each bank of the river and 
shorelines. Critical habitat for the Carolina DPS of Atlantic sturgeon 
is:

[[Page 1091]]

    (1) Carolina Unit 1 includes the Roanoke River main stem from the 
Roanoke Rapids Dam downstream to rkm 0;
    (2) Carolina Unit 2 includes the Tar-Pamlico River main stem from 
the Rocky Mount Millpond Dam downstream to rkm 0;
    (3) Carolina Unit 3 includes the Neuse River main stem from the 
Milburnie Dam downstream to rkm 0;
    (4) Carolina Unit 4 includes the Cape Fear River main stem from Lock 
and Dam 2 downstream to rkm 0 and the Northeast Cape Fear River from 
the upstream side of Rones Chapel Road Bridge downstream to the 
confluence with the Cape Fear River;
    (5) Carolina Unit 5 includes the Pee Dee River main stem from 
Blewett Falls Dam downstream to rkm 0, the Waccamaw River from Bull 
Creek downstream to rkm 0, and Bull Creek from the Pee Dee River to the 
confluence with the Waccamaw River;
    (6) Carolina Unit 6 includes the Black River main stem from 
Interstate Highway 95 downstream to rkm 0 (the confluence with the Pee 
Dee River); and
    (7) Carolina Unit 7 includes the Santee River main stem from the 
Wilson Dam downstream to the fork of the North Santee River and South 
Santee River distributaries, the Rediversion Canal from the St. Stephen 
Powerhouse downstream to the confluence with the Santee River, the North 
Santee River from the fork of the Santee River and South Santee River 
downstream to rkm 0, the South Santee River from the fork of the Santee 
River and North Santee River downstream to rkm 0, the Tailrace Canal 
from Pinopolis Dam downstream to the West Branch Cooper River, the West 
Branch Cooper River from the Tailrace Canal downstream to the confluence 
with the East Branch Cooper River, and the Cooper River from confluence 
of the West Branch Cooper River and East Branch Cooper River tributaries 
downstream to rkm 0, not including the area described in paragraph 
(b)(5) of this section.
    (8) Maps of the Carolina DPS follow:

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    (h) Critical habitat boundaries of the South Atlantic DPS. The 
lateral extent for all critical habitat units for the South Atlantic DPS 
of Atlantic sturgeon is the ordinary high water mark on each bank of the 
river and shorelines. Critical habitat for the South Atlantic DPS of 
Atlantic sturgeon is:

[[Page 1101]]

    (1) South Atlantic Unit 1 includes the North Fork Edisto River from 
Cones Pond downstream to the confluence with the South Fork Edisto 
River, the South Fork Edisto River from Highway 121 downstream to the 
confluence with the North Fork Edisto River, the Edisto River main stem 
from the confluence of the North Fork Edisto River and South Fork Edisto 
River tributaries downstream to the fork at the North Edisto River and 
South Edisto River distributaries, the North Edisto River from the 
Edisto River downstream to rkm 0, and the South Edisto River from the 
Edisto River downstream to rkm 0;
    (2) South Atlantic Unit 2 includes the main stem Combahee-
Salkehatchie River from the confluence of Buck and Rosemary Creeks with 
the Salkehatchie River downstream to the Combahee River, the Combahee 
River from the Salkehatchie River downstream to rkm 0;
    (3) South Atlantic Unit 3 includes the main stem Savannah River 
(including the Back River, Middle River, Front River, Little Back River, 
South River, Steamboat River, and McCoy's Cut) from the New Savannah 
Bluff Lock and Dam downstream to rkm 0;
    (4) South Atlantic Unit 4 includes the main stem Ogeechee River from 
the Mayfield Mill Dam downstream to rkm 0;
    (5) South Atlantic Unit 5 includes the main stem Oconee River from 
Sinclair Dam downstream to the confluence with the Ocmulgee River, the 
main stem Ocmulgee River from Juliette Dam downstream to the confluence 
with the Oconee River, and the main stem Altamaha River from the 
confluence of the Oconee River and Ocmulgee River downstream to rkm 0;
    (6) South Atlantic Unit 6 includes the main stem Satilla River from 
the confluence of Satilla and Wiggins Creeks downstream to rkm 0; and
    (7) South Atlantic Unit 7 includes the main stem St. Marys River 
from the confluence of Middle Prong St. Marys and the St. Marys Rivers 
downstream to rkm 0.
    (8) Maps of the South Atlantic DPS follow:

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[82 FR 39239, Aug. 17, 2017]

[[Page 1113]]



Sec.  226.226  Critical habitat for the main Hawaiian Islands insular 
false killer whale (Pseudorca crassidens) Distinct Population Segment.

    Critical habitat is designated for main Hawaiian Islands insular 
false killer whale as described in this section. The maps, clarified by 
the textual descriptions in this section, are the definitive source for 
determining the critical habitat boundaries.
    (a) Critical habitat boundaries. Critical habitat is designated in 
the waters surrounding the main Hawaiian Islands from the 45-meter (m) 
depth contour out to the 3,200-m depth contour as depicted in the maps 
below.
    (b) Essential features. The essential feature for the conservation 
of the main Hawaiian Islands insular false killer whale is the 
following: Island-associated marine habitat for main Hawaiian Islands 
insular false killer whales. Main Hawaiian Islands insular false killer 
whales are island-associated whales that rely entirely on the productive 
submerged habitat of the main Hawaiian Islands to support all of their 
life-history stages. The following characteristics of this habitat 
support insular false killer whales' ability to travel, forage, 
communicate, and move freely around and among the waters surrounding the 
main Hawaiian Islands:
    (1) Adequate space for movement and use within shelf and slope 
habitat;
    (2) Prey species of sufficient quantity, quality, and availability 
to support individual growth, reproduction, and development, as well as 
overall population growth;
    (3) Waters free of pollutants of a type and amount harmful to main 
Hawaiian Islands insular false killer whales; and
    (4) Sound levels that would not significantly impair false killer 
whales' use or occupancy.
    (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 (a) of this section:
    (1) Pursuant to Endangered Species Act (ESA) section 4(b)(2), the 
following areas have been excluded from the designation: The Bureau of 
Ocean Energy Management Call Area offshore of the Island of Oahu (which 
includes two sites, one off Kaena point and one off the south shore), 
the Navy Pacific Missile Range Facility's Offshore ranges (including the 
Shallow Water Training Range (SWTR), the Barking Sands Tactical 
Underwater Range (BARSTUR), and the Barking Sands Underwater Range 
Extension (BSURE; west of Kauai), the Navy Kingfisher Range (northeast 
of Niihau), Warning Area 188 (west of Kauai), Kaula Island and Warning 
Area 187 (surrounding Kaula Island), the Navy Fleet Operational 
Readiness Accuracy Check Site (FORACS) (west of Oahu), the Navy 
Shipboard Electronic Systems Evaluation Facility (SESEF) (west of Oahu), 
Warning Areas 196 and 191 (south of Oahu), Warning Areas 193 and 194 
(south of Oahu), the Kaulakahi Channel portion of Warning area 186 (the 
channel between Niihau and Kauai and extending east), the area north of 
Molokai (found offshore at the outer edge of the designation), the 
Alenuihaha Channel, the Hawaii Area Tracking System, and the Kahoolawe 
Training Minefield.
    (2) Pursuant to ESA section 4(a)(3)(B), all areas subject to the 
Joint Base Pearl Harbor-Hickam Integrated Natural Resource Management 
Pl69.
    (d) Maps of main Hawaiian Islands insular false killer whale 
critical habitat.

[[Page 1114]]

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[83 FR 35092, July 24, 2018]



Sec.  226.227  Critical habitat for the Central America, Mexico, 
and Western North Pacific distinct population segments (DPSs) 
of humpback whales (Megaptera novaeangliae).

    Critical habitat is designated for the Central America, Mexico, and 
Western North Pacific humpback whale DPSs as described in this section. 
The maps in paragraph (h) of this section, and as clarified by the 
textual descriptions in this section, are the definitive sources for 
determining the critical habitat boundaries.
    (a) List of states and counties. Critical habitat is designated in 
waters off the coasts of the following states and counties for the 
listed humpback whale DPSs:

----------------------------------------------------------------------------------------------------------------
                          DPS                                                State-counties
----------------------------------------------------------------------------------------------------------------
(1) Central America...................................  (i) WA--Clallam, Jefferson, Grays Harbor, Pacific.
                                                        (ii) OR--Clatsop, Tillamook, Lincoln, Lane, Douglas,
                                                         Coos, and Curry.
                                                        (iii) CA--Del Norte, Humboldt, Mendocino, Sonoma, Marin,
                                                         San Francisco, San Mateo, Santa Cruz, Monterey, San
                                                         Luis Obispo, Santa Barbara, Ventura.
(2) Mexico............................................  (i) AK--Lake and Peninsula, Aleutians East, Aleutian
                                                         West, Kodiak Island, Kenai Peninsula, and Valdez-
                                                         Cordova.
                                                        (ii) WA--Clallam, Jefferson, Grays Harbor, Pacific.
                                                        (iii) OR--Clatsop, Tillamook, Lincoln, Lane, Douglas,
                                                         Coos, and Curry.
                                                        (iv) CA--Del Norte, Humboldt, Mendocino, Sonoma, Marin,
                                                         San Francisco, San Mateo, Santa Cruz, Monterey, San
                                                         Luis Obispo, Santa Barbara, Ventura.
(3) Western North Pacific.............................  AK--Lake and Peninsula, Aleutians East, Aleutian West,
                                                         Kodiak Island, Kenai Peninsula.
----------------------------------------------------------------------------------------------------------------


[[Page 1119]]

    (b) Critical habitat boundaries for the Central America DPS. 
Critical habitat for the Central America DPS includes all marine waters 
within the designated areas as shown by the maps in paragraph (h) of 
this section and those prepared and made available by the National 
Marine Fisheries Service (NMFS) pursuant to 50 CFR 424.18.
    (1) Washington. The nearshore boundary is defined by the 50-meter 
(m) isobath, and the offshore boundary is defined by the 1,200-m isobath 
relative to mean lower low water (MLLW). Critical habitat also includes 
waters within the U.S. portion of the Strait of Juan de Fuca to an 
eastern boundary line at Angeles Point at 123[deg] 33[min] W.
    (2) Oregon. The nearshore boundary is defined by the 50-m isobath. 
The offshore boundary is defined by the 1,200-m isobath relative to 
MLLW; except, in areas off Oregon south of 42[deg] 10[min], the offshore 
boundary is defined by the 2,000-m isobath.
    (3) California. The nearshore boundary is defined by the 50-m 
isobath relative to MLLW except, from 38[deg] 40[min] N to 36[deg] 
00[min] N, the nearshore boundary is defined by the 15-m isobath 
relative to MLLW; and from 36[deg] 00[min] N to 34[deg] 30[min] N, the 
nearshore boundary is defined by the 30-m isobath relative to MLLW. 
North of 40[deg] 20[min] N, the offshore boundary of the critical 
habitat is defined by a line corresponding to the 2,000-m isobath, and 
from 40[deg] 20[min] N to 38[deg] 40[min] N, the offshore boundary is 
defined by the 3,000-m isobath. From 38[deg] 40[min] N southward, the 
remaining areas have an offshore boundary defined by a line 
corresponding to the 3,700-m isobath.
    (c) Critical habitat boundaries for Mexico DPS. Critical habitat for 
the Mexico DPS of humpback whales includes all marine waters within the 
designated areas as shown by the maps in paragraph (h) of this section 
and those prepared and made available by NMFS pursuant to 50 CFR 424.18.
    (1) Alaska. The nearshore boundaries are generally defined by the 1-
m isobath relative to MLLW. On the north side of the Aleutian Islands, 
the seaward boundary of the critical habitat is defined by a line 
extending from 55[deg] 41 N, 162[deg] 41[min] W west to 55[deg] 41[min] 
N, 169[deg] 30[min] W, then southward through Samalga Pass to a boundary 
drawn along the 2,000-m isobath on the south side of the islands. This 
isobath forms the southern boundary of the critical habitat, eastward to 
164[deg] 25[min] W. From this point, the 1,000-m isobath forms the 
offshore boundary, which extends eastward to 158[deg] 39[min] W. 
Critical habitat also includes the waters around Kodiak Island and the 
Barren Islands. The western boundary for this area runs southward along 
154[deg] 54[min] W to the 1,000-m depth contour, and then extends 
eastward to a boundary at 150[deg] 40[min] W. The area also extends 
northward to the mouth of Cook Inlet where it is bounded by a line that 
extends from Cape Douglas across the inlet to Cape Adam. Critical 
habitat also includes the Prince William Sound area and associated 
waters defined by an eastern boundary at 148[deg] 31[min] W, a western 
boundary at 145[deg] 27[min] W, and a seaward boundary drawn along the 
1,000-m isobath.
    (2) Washington. The nearshore boundary is defined by the 50-m 
isobath, and the offshore boundary is defined by the 1,200-m isobath 
relative to MLLW. Critical habitat also includes waters within the U.S. 
portion of the Strait of Juan de Fuca to an eastern boundary line at 
Angeles Point at 123[deg] 33[min] W.
    (3) Oregon. The nearshore boundary is defined by the 50-m isobath. 
The offshore boundary is defined by the 1,200-m isobath relative to 
MLLW; except, in areas off Oregon south of 42[deg] 10[min], the offshore 
boundary is defined by the 2,000-m isobath.
    (4) California. The nearshore boundary is defined by the 50-m 
isobath relative to MLLW except, from 38[deg] 40[min] N to 36[deg] 
00[min] N, the nearshore boundary is defined by the 15-m isobath 
relative to MLLW; and from 36[deg] 00[min] N to 34[deg] 30[min] N, the 
nearshore boundary is defined by the 30-m isobath relative to MLLW. 
North of 40[deg] 20[min] N, the offshore boundary of the critical 
habitat is defined by a line corresponding to the 2,000-m isobath, and 
from 40[deg] 20[min] N to 38[deg] 40[min] N, the offshore boundary is 
defined by the 3,000-m isobath. From 38[deg] 40[min] N southward, the 
remaining areas have an offshore boundary defined by a line 
corresponding to the 3,700-m isobath.
    (d) Critical habitat boundaries for Western North Pacific DPS. 
Critical habitat for the Western North Pacific DPS of humpback whales 
includes all marine

[[Page 1120]]

waters within the designated areas as shown by the maps in paragraph (h) 
of this section and those prepared and made available by NMFS pursuant 
to 50 CFR 424.18.
    (1) Alaska. The nearshore boundaries are generally defined by the 1-
m isobath relative to MLLW. On the north side of the Aleutian Islands, 
the seaward boundary of the critical habitat is defined by a line 
extending due west from 55[deg] 41[min] N, 162[deg] 41[min] W to 55[deg] 
41[min] N, 169[deg] 30[min] W, then southward through Samalga Pass to a 
boundary drawn along the 2,000-m isobath on the south side of the 
islands. This isobath forms the southern boundary of the critical 
habitat, eastward to 164[deg] 25[min] W. From this point, the 1,000-m 
isobath forms the offshore boundary, which extends eastward to 158[deg] 
39[min] W. Critical habitat also includes the waters around Kodiak 
Island and the Barren Islands. The western boundary for this area runs 
southward along 154[deg] 54[min] W to the 1,000-m depth contour, and 
then extends eastward to a boundary at 150[deg] 40[min] W. The area also 
extends northward to the mouth of Cook Inlet where it is bounded by a 
line that extends from Cape Douglas across the inlet to Cape Adam.
    (2) [Reserved]
    (e) Manmade structures. Critical habitat does not include manmade 
structures (e.g., ferry docks, sea plane facilities) and the land on 
which they rest within the critical habitat boundaries as described in 
paragraphs (b), (c), and (d) of this section and that were in existence 
as of May 21, 2021.
    (f) Essential features. The following features were identified as 
essential to the conservation of the particular DPS.
    (1) Central America DPS. Prey species, primarily euphausiids 
(Thysanoessa, Euphausia, Nyctiphanes, and Nematoscelis) and small 
pelagic schooling fishes, such as Pacific sardine (Sardinops sagax), 
northern anchovy (Engraulis mordax), and Pacific herring (Clupea 
pallasii), of sufficient quality, abundance, and accessibility within 
humpback whale feeding areas to support feeding and population growth.
    (2) Mexico DPS. Prey species, primarily euphausiids (Thysanoessa, 
Euphausia, Nyctiphanes, and Nematoscelis) and small pelagic schooling 
fishes, such as Pacific sardine (Sardinops sagax), northern anchovy 
(Engraulis mordax), Pacific herring (Clupea pallasii), capelin (Mallotus 
villosus), juvenile walleye pollock (Gadus chalcogrammus), and Pacific 
sand lance (Ammodytes personatus) of sufficient quality, abundance, and 
accessibility within humpback whale feeding areas to support feeding and 
population growth.
    (3) Western North Pacific DPS. Prey species, primarily euphausiids 
(Thysanoessa and Euphuasia) and small pelagic schooling fishes, such as 
Pacific herring (Clupea pallasii), capelin (Mallotus villosus), juvenile 
walleye pollock (Gadus chalcogrammus), and Pacific sand lance (Ammodytes 
personatus) of sufficient quality, abundance, and accessibility within 
humpback whale feeding areas to support feeding and population growth.
    (g) Sites owned or controlled by the Department of Defense. Critical 
habitat does not include the following particular areas owned or 
controlled by the Department of Defense, or designated for its use, 
where they overlap with the areas described in paragraph (b) of this 
section:
    (1) Pursuant to the Endangered Species Act (ESA) section 4(a)(3)(B), 
all areas subject to the Naval Base Ventura County, Point Mugu, CA, and 
the Naval Outlying Field, San Nicolas Island, CA, approved Integrated 
Natural Resource Management Plans (INRMPs); and
    (2) Pursuant to ESA section 4(b)(2), the Quinault Range Site (QRS) 
with an additional 10-km buffer that extends along the southern edge of 
the QRS and along the northern edge of the QRS except in areas past 10-
km into the Olympic Coast National Marine Sanctuary.
    (h) Maps of humpback whale critical habitat. (1) Spatial data for 
these critical habitats and mapping tools are maintained on our website 
and are available for public use (www.fisheries .noaa.gov/ national/ 
endangered-species -conservation/ critical-habitat).
    (2) Overview map of critical habitat for the Central America DPS of 
humpback whales:

[[Page 1121]]

[GRAPHIC] [TIFF OMITTED] TR21AP21.067

    (3) Overview map of critical habitat for the Mexico DPS of humpback 
whales:

[[Page 1122]]

[GRAPHIC] [TIFF OMITTED] TR21AP21.068

    (4) Overview map of critical habitat for the Western North Pacific 
DPS of humpback whales:

[[Page 1123]]

[GRAPHIC] [TIFF OMITTED] TR21AP21.069


[86 FR 21153, Apr. 21, 2021]



Sec.  226.228  Critical Habitat for the Arctic Subspecies 
(Pusa hispida hispida) of the Ringed Seal.

    Critical habitat is designated for the Arctic subspecies of the 
ringed seal as described in this section. The map and textual 
descriptions in this section are the definitive source for determining 
the critical habitat boundaries.
    (a) Critical habitat boundaries. Critical habitat for the Arctic 
subspecies of the ringed seal includes marine waters within one specific 
area in the Bering, Chukchi, and Beaufort seas, extending from the 
nearshore boundary, defined by the 3-m isobath relative to mean lower 
low water (MLLW), to an offshore limit within the U.S. Exclusive 
Economic Zone (EEZ). The boundary extends offshore from the northern 
limit of the United States-Canada border approximately 90 km to 
70[deg]26[min]19[sec] N/140[deg]11[min]21[sec] W, and from this point 
runs generally westward along the line connecting the following points: 
70[deg]55[min]35[sec] N/142[deg]33[min]51[sec] W, 70[deg]53[min]25[sec] 
N/144[deg]37[min]19[sec] W, 71[deg]1[min]22[sec] N/
146[deg]36[min]55[sec] W, 71[deg]17[min]21[sec] N/148[deg]34[min]58[sec] 
W, and 71[deg]20[min]8[sec] N/150[deg] W. From this point 
(71[deg]20[min]8[sec] N/150[deg] W) the boundary follows longitude 
150[deg] W northward to 72[deg]20[min]4[sec] N/150[deg] W, then extends 
westward to 72[deg]20[min]4[sec] N/153[deg] W, then follows longitude 
153[deg] W northward to the seaward limit of the U.S. EEZ, and then 
follows the limit of the U.S. EEZ northwestward; then southwestward and 
south to the intersection of the southern boundary of the critical 
habitat in the Bering Sea at 61[deg]18[min]15[sec] N/
177[deg]45[min]56[sec] W. The southern boundary extends southeastward 
from this intersection point to 60[deg]7[sec] N/172[deg]1[sec] W, then 
northeastward along a line extending to near Cape Romanzof at 
61[deg]48[min]42[sec] N/166[deg]6[min]5[sec] W, with the nearshore 
boundary defined by the 3-m isobath. This includes waters off the coasts 
of the Kusilvak, and Nome Census Areas, and the Northwest Arctic and 
North Slope

[[Page 1124]]

Boroughs, Alaska. Critical habitat does not include permanent manmade 
structures such as boat ramps, docks, and pilings that were in existence 
within the legal boundaries as of May 2, 2022.
    (b) Essential features. The essential features for the conservation 
of the Arctic subspecies of the ringed seal are:
    (1) Snow-covered sea ice habitat suitable for the formation and 
maintenance of subnivean birth lairs used for sheltering pups during 
whelping and nursing, which is defined as waters 3 m or more in depth 
(relative to MLLW) containing areas of seasonal landfast (shorefast) ice 
or dense, stable pack ice, that have undergone deformation and contain 
snowdrifts of sufficient depth to form and maintain birth lairs 
(typically at least 54 cm deep).
    (2) Sea ice habitat suitable as a platform for basking and molting, 
which is defined as areas containing sea ice of 15 percent or more 
concentration in waters 3 m or more in depth (relative to MLLW).
    (3) Primary prey resources to support Arctic ringed seals, which are 
defined to be small, often schooling, fishes, in particular, Arctic cod 
(Boreogadus saida), saffron cod (Eleginus gracilis), and rainbow smelt 
(Osmerus dentex); and small crustaceans, in particular, shrimps and 
amphipods.
    (c) Map of Arctic ringed seal critical habitat follows.

                        Figure 1 to paragraph (c)

[[Page 1125]]

[GRAPHIC] [TIFF OMITTED] TR01AP22.001


[87 FR 19286, Apr. 1, 2022]



Sec.  226.229  Critical Habitat for the Beringia Distinct Population Segment 
of the Bearded Seal Subspecies Erignathus barbatus nauticus.

    Critical habitat is designated for the Beringia distinct population 
segment of the bearded seal subspecies Erignathus barbatus nauticus 
(Beringia DPS) as described in this section. The map and textual 
descriptions in this section are the definitive sources for determining 
the critical habitat boundaries.
    (a) Critical habitat boundaries. Critical habitat for the Beringia 
DPS includes marine waters within one specific area in the Bering, 
Chukchi, and Beaufort seas, extending from the shoreward boundary to an 
offshore limit with a maximum water depth of 200 m from the ocean 
surface within the U.S. Exclusive Economic Zone (EEZ). The shoreward 
boundary follows the 20-m

[[Page 1126]]

isobath (relative to MLLW) westward from the eastern limit of the U.S. 
EEZ in the Beaufort Sea and continuing into the northeastern Chukchi Sea 
to its intersection with latitude 70[deg]36[min] N south of Wainwright; 
then follows the 10-m isobath (relative to MLLW) to its intersection 
with latitude 65[deg]35[min] N near Cape Prince of Wales; then follows 
the 5-m isobath (relative to MLLW) to its intersection with longitude 
164[deg]46[min] W near the mouth of the Kolovinerak River in the Bering 
Sea, except at Port Clarence Bay where the shoreward boundary is defined 
as a continuous line across the entrance. The eastern boundary in the 
Beaufort Sea follows the eastern limit of the U.S. EEZ beginning at the 
nearshore boundary defined by the 20-m isobath (relative to MLLW), 
extends offshore to the 200-m isobath, and then follows this isobath 
generally westward and northwestward to its intersection with the 
seaward limit of the U.S EEZ in the Chukchi Sea. The boundary then 
follows the limit of the U.S. EEZ southwestward and south to the 
intersection of the southern boundary of the critical habitat in the 
Bering Sea at 60[deg]32[min]26[sec] N/179[deg]9[min]53[sec] W. The 
southern boundary extends southeastward from this intersection point to 
57[deg]58[min] N/170[deg]25[min] W, then eastward to 58[deg]29[min] N/
164[deg]46[min] W, then follows longitude 164[deg]46[min] W to its 
intersection with the nearshore boundary defined by the 5-m isobath 
(relative to MLLW) near the mouth of the Kolovinerak River. This 
includes waters off the coasts of the Bethel, Kusilvak, and Nome Census 
Areas, and the Northwest Arctic and North Slope Boroughs, Alaska. 
Critical habitat does not include permanent manmade structures such as 
boat ramps, docks, and pilings that were in existence within the legal 
boundaries as of May 2, 2022.
    (b) Essential features. The essential features for the conservation 
of the Beringia DPS are:
    (1) Sea ice habitat suitable for whelping and nursing, which is 
defined as areas with waters 200 m or less in depth containing pack ice 
of at least 25 percent concentration and providing bearded seals access 
to those waters from the ice.
    (2) Sea ice habitat suitable as a platform for molting, which is 
defined as areas with waters 200 m or less in depth containing pack ice 
of at least 15 percent concentration and providing bearded seals access 
to those waters from the ice.
    (3) Primary prey resources to support bearded seals: Waters 200 m or 
less in depth containing benthic organisms, including epifaunal and 
infaunal invertebrates, and demersal fishes.
    (c) Map of Beringia DPS critical habitat follows.

[[Page 1127]]

[GRAPHIC] [TIFF OMITTED] TR01AP22.000


[87 FR 19229, Apr. 1, 2022]



Sec.  226.230  Critical habitat for the Caribbean Boulder Star Coral 
(Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star Coral 
(O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough Cactus Coral 
(Mycetophyllia ferox).

    Critical habitat is designated in the following states and counties 
for the following species as depicted in the maps below and described in 
paragraphs (a) through (h) of this section. The maps can be viewed or 
obtained with greater resolution https://www.fisheries.noaa.gov/ action/
final-rule-designate-critical -habitat-threatened -caribbean-corals to 
enable a more precise inspection of critical habitat for Orbicella 
franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and 
Mycetophyllia ferox.
    (a) Critical habitat locations. Critical habitat is designated for 
the following five Caribbean corals in the following states, counties, 
and offshore locations:

[[Page 1128]]



                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                Species                          State--Counties
------------------------------------------------------------------------
Orbicella annularis....................  FL--Palm Beach, Broward, Miami-
                                          Dade, and Monroe; PR--All;
                                          USVI--All; Flower Garden
                                          Banks; Navassa Island.
O. faveolata...........................  FL--Martin, Palm Beach,
                                          Broward, Miami-Dade, and
                                          Monroe; PR--All; USVI--All;
                                          Flower Garden Banks; Navassa
                                          Island.
O. franksi.............................  FL--Palm Beach, Broward, Miami-
                                          Dade, and Monroe; PR--All;
                                          USVI--All; Flower Garden
                                          Banks; Navassa Island.
Dendrogyra cylindrus...................  FL--Palm Beach, Broward, Miami-
                                          Dade, and Monroe; PR--All;
                                          USVI--All; Navassa Island.
Mycetophyllia ferox....................  FL--Broward, Miami-Dade, and
                                          Monroe; PR--All; USVI--All;
                                          Navassa Island.
------------------------------------------------------------------------

    (b) Critical habitat boundaries. Except as noted in paragraphs (d) 
and (e) of this section, critical habitat for the five Caribbean corals 
is defined as all marine waters in the particular depth ranges relative 
to mean low water as depicted in the maps below and described in the 
Table of the locations of the critical habitat units for Orbicella 
franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and 
Mycetophyllia ferox. Depth contours or other identified boundaries on 
the maps form the boundaries of the critical habitat units. 
Specifically, the COLREGS Demarcation Lines (33 CFR 80), the boundary 
between the South Atlantic Fishery Management Council (SAFMC) and the 
Gulf of Mexico Fishery Management Council (GMFMC; 50 CFR 600.105), the 
Florida Keys National Marine Sanctuary (15 CFR part 922 subpart P, 
appendix I), and the Caribbean Island Management Area (50 CFR part 622, 
appendix E), create portions of the boundaries in several units.

[[Page 1129]]



 Table 2 to Paragraph (b)--Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus,
                                                                 and Mycetophyllia ferox
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Critical habitat unit
              Species                           name                      Location                     Geographic extent             Water depth range
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orbicella annularis................  OANN-1...................  Florida....................  Lake Worth Inlet, Palm Beach County   2-20 m(6.5-65.6 ft).
                                                                Florida....................   to Government Cut, Miami-Dade        0.5-20 m (1.6-65.6
                                                                                              County.                               ft).
                                                                                             Government Cut, Miami-Dade County to
                                                                                              Dry Tortugas.
                                     OANN-2...................  Puerto Rico................  All islands.........................  0.5-20 m (1.6-65.6
                                                                                                                                    ft).
                                     OANN-3...................  USVI.......................  All islands of St. Thomas and St.     0.5-20 m (1.6-65.6
                                                                                              John.                                 ft).
                                     OANN-4...................  USVI.......................  All islands of St. Croix............  0.5-20 m (1.6-65.6
                                                                                                                                    ft).
                                     OANN-5...................  Navassa....................  Navassa Island......................  0.5-20 m (1.6-65.6
                                                                                                                                    ft).
                                     OANN-6...................  FGB........................  East and West Flower Garden, Rankin,  16-90 m (53-295 ft).
                                                                                              Geyer, and McGrail Banks.
Orbicella faveolata................  OFAV-1...................  Florida....................  St. Lucie Inlet, Martin County to     2-40 m (6.5-131 ft).
                                                                Florida....................   Government Cut, Miami-Dade County.   0.5-40 m (1.6-131
                                                                                             Government Cut, Miami-Dade County to   ft).
                                                                                              Dry Tortugas.
                                     OFAV-2...................  Puerto Rico................  All islands of Puerto Rico..........  0.5-90 m (1.6-295
                                                                                                                                    ft).
                                     OANN-3...................  USVI.......................  All islands of St. Thomas and St.     0.5-90 m (1.6-295
                                                                                              John.                                 ft).
                                     OFAV-4...................  USVI.......................  All islands of St. Croix............  0.5-90 m (1.6-295
                                                                                                                                    ft).
                                     OFAV-5...................  Navassa....................  Navassa Island......................  0.5-90 m (1.6-295
                                                                                                                                    ft).
                                     OFAV-6...................  FGB........................  East and West Flower Garden, Rankin,  16-90 m (53-295 ft).
                                                                                              Geyer, and McGrail Banks.
Orbicella franksi..................  OFRA-1...................  Florida....................  St. Lucie Inlet, Martin County to     2-40 m (6.5-131 ft).
                                                                Florida....................   Government Cut, Miami-Dade County.   0.5-40 m (1.6-131
                                                                                             Government Cut, Miami-Dade County to   ft).
                                                                                              Dry Tortugas.
                                     OFRA-2...................  Puerto Rico................  All islands of Puerto Rico..........  0.5-90 m (1.6-295
                                                                                                                                    ft).
                                     OFRA-3...................  USVI.......................  All islands of St. Thomas and St.     0.5-90 m (1.6-295
                                                                                              John.                                 ft).
                                     OFRA-4...................  USVI.......................  All islands of St. Croix............  0.5-90 m (1.6-295
                                                                                                                                    ft).
                                     OFRA-5...................  Navassa....................  Navassa Island......................  0.5-90 m (1.6-295
                                                                                                                                    ft).
                                     OFRA-6...................  FGB........................  East and West Flower Garden, Rankin,  16-90 m (53-295 ft).
                                                                                              Geyer, and McGrail Banks.
Dendrogyra cylindrus...............  DCYL-1...................  Florida....................  Lake Worth Inlet, Palm Beach County   2-25 m (6.5-82 ft).
                                                                Florida....................   to Government Cut, Miami-Dade        1-25 m (3.3-82 ft).
                                                                                              County.
                                                                                             Government Cut, Miami-Dade County to
                                                                                              Dry Tortugas.
                                     DCYL-2...................  Puerto Rico................  All islands.........................  1-25 m (3.3-82 ft).
                                     DCYL-3...................  USVI.......................  All islands of St. Thomas and St.     1-25 m (3.3-82 ft).
                                                                                              John.
                                     DCYL-4...................  USVI.......................  All islands of St. Croix............  1-25 m (3.3-82 ft).
                                     DCYL-5...................  Navassa....................  Navassa Island......................  1-25 m (3.3-82 ft).
Mycetophyllia ferox................  MFER-1...................  Florida....................  Broward County to Dry Tortugas......  5-40 m (16.4-131 ft).
                                     MFER-2...................  Puerto Rico................  All islands of Puerto Rico..........  5-90 m (16.4-295 ft).
                                     MFER-3...................  USVI.......................  All islands of St. Thomas and St.     5-90 m (16.4-295 ft).
                                                                                              John.
                                     MFER-4...................  USVI.......................  All islands of St. Croix............  2-40 m (6.5-131 ft).
                                     MFER-5...................  Navassa....................  Navassa Island......................  0.5-40 m (1.6-131
                                                                                                                                    ft).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1130]]

    (c) Essential feature. The feature essential to the conservation of 
Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and 
Mycetophyllia ferox is: Sites that support the normal function of all 
life stages of the corals, including reproduction, recruitment, and 
maturation. These sites are natural, consolidated hard substrate or dead 
coral skeleton, which is free of algae and sediment at the appropriate 
scale at the point of larval settlement or fragment reattachment, and 
the associated water column. Several attributes of these sites determine 
the quality of the area and influence the value of the associated 
feature to the conservation of the species:
    (1) Substrate with the presence of crevices and holes that provide 
cryptic habitat, the presence of microbial biofilms, or presence of 
crustose coralline algae;
    (2) Reefscape with no more than a thin veneer of sediment and low 
occupancy by fleshy and turf macroalgae;
    (3) Marine water with levels of temperature, aragonite saturation, 
nutrients, and water clarity that have been observed to support any 
demographic function; and
    (4) Marine water with levels of anthropogenically-introduced (from 
humans) chemical contaminants that do not preclude or inhibit any 
demographic function.
    (d) Areas not included in critical habitat. Critical habitat does 
not include the following particular areas where they overlap with the 
areas described in paragraphs (a) through (c) of this section:
    (1) Pursuant to ESA section 4(a)(3)(B)(i), all areas subject to the 
2014 Naval Air Station Key West Integrated Natural Resources Management 
Plan.
    (2) Pursuant to ESA section 3(5)(A)(i)(I), areas where the essential 
feature cannot occur;
    (3) Pursuant to ESA section 3(5)(A)(i)(I), all managed areas that 
may contain natural hard substrate but do not provide the quality of 
substrate essential for the conservation of threatened corals. Managed 
areas that do not provide the quality of substrate essential for the 
conservation of the five Caribbean corals are defined as particular 
areas whose consistently disturbed nature renders them poor habitat for 
coral growth and survival over time. These managed areas include 
specific areas where the substrate has been disturbed by planned 
management authorized by local, state, or Federal governmental entities 
at the time of critical habitat designation, and will continue to be 
periodically disturbed by such management. Examples include, but are not 
necessarily limited to, dredged navigation channels, shipping basins, 
vessel berths, and active anchorages. Specific federally-authorized 
channels and harbors considered as managed areas not included in the 
designations are:
    (i) St. Lucie Inlet.
    (ii) Palm Beach Harbor.
    (iii) Hillsboro Inlet.
    (iv) Port Everglades.
    (v) Baker's Haulover Inlet.
    (vi) Miami Harbor.
    (vii) Key West Harbor.
    (viii) Arecibo Harbor.
    (ix) San Juan Harbor.
    (x) Fajardo Harbor.
    (xi) Ponce Harbor.
    (xii) Mayaguez Harbor.
    (xiii) St. Thomas Harbor.
    (xiv) Christiansted Harbor.
    (4) Pursuant to ESA section 3(5)(A)(i), artificial substrates 
including but not limited to: fixed and floating structures, such as 
aids-to-navigation (AToNs), seawalls, wharves, boat ramps, fishpond 
walls, pipes, submarine cables, wrecks, mooring balls, docks, and 
aquaculture cages.
    (e) Areas excluded from critical habitat. Pursuant to ESA section 
4(b)(2), the following area is excluded from critical habitat where it 
overlaps with the areas described in paragraphs (a) through (c) of this 
section: the designated restricted area managed by the South Florida 
Ocean Measuring Facility, defined in 33 CFR 334.580.
    (f) Maps. Critical habitat maps for the Caribbean Boulder Star 
Coral, Lobed Star Coral, Mountainous Star Coral, Pillar Coral, and Rough 
Cactus Coral.

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[88 FR 54054, Aug. 9, 2023]



     Sec. Table 1 to Part 226--Major Steller 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 \1\.  52 21.0N..........  172 35.0W.........  52 21.0N..........  172 33.0W
    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 \1\...  54 18.0N..........  165 32.5W.........  54 18.0N..........  165 31.5W
    Akutan I./Cape Morgan \1\...  54 03.5N..........  166 00.0W.........  54 05.5N..........  166 05.0W
    Bogoslof I.\1 2\............  53 56.0N..........  168 02.0W.........
    Ogchul I.\1\................  53 00.0N..........  168 24.0W.........
    Sea Lion Rocks. (Amak) \1\..  55 28.0N..........  163 12.0W.........
    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.........
California:
  Ano Nuevo I...................  37 06.3N..........  122 20.3W.........
  Southeast Farallon I..........  37 41.3N..........  123 00.1W.........

[[Page 1160]]

 
  Sugarloaf I. & Cape Mendocino.  40 26.0N..........  124 24.0W ........
----------------------------------------------------------------------------------------------------------------
\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 45278, Aug. 27, 1993]



Sec. Table 2 to Part 226--Major Steller 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 \1\..  51 50.0N..........  177 20.0E.........  51 48.5N..........  177 20.5E
    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 \1\...  51 34.0N..........  179 04.0W.........  51 34.5N..........  179 03.0W
  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 \1\...  53 50.5N..........  166 05.0W.........
    Emerald I. \1\..............  53 17.5N..........  167 51.5W.........
    Old Man Rocks \1\...........  53 52.0N..........  166 05.0W.........
    Polivnoi Rock \1\...........  53 16.0N..........  167 58.0W.........
    Tanginak I. \1\.............  54 13.0N..........  165 19.5W.........
    Tigalda I. \1\..............  54 08.5N..........  164 58.5W.........
    Umnak I./Cape Aslik \1\.....  53 25.0N..........  168 24.5W.........
  Bering Sea:
    Cape Newenham \1\...........  58 39.0N..........  162 10.5W.........
    Hall I. \1\.................  60 37.0N..........  173 00.0W.........
    Round I. \1\................  58 36.0N..........  159 58.0W.........

[[Page 1161]]

 
    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) \1\...  55 04.5N..........  160 31.0W.........
    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) \1\.  58 21.0N..........  151 48.5W.........
    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.........
    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]

[[Page 1162]]



 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 to Part 226 [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)......
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]

[[Page 1163]]



   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]

                           PART 227 [RESERVED]

[[Page 1165]]



                              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 1167]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2023)

                      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--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    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 Guidance (Parts 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)
         X  Department of the Treasury (Parts 1000--1099)
        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  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 1168]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       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)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 1169]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    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)

[[Page 1170]]

    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)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         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)

[[Page 1171]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      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  [Reserved]
       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]

[[Page 1172]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), 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  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]

[[Page 1173]]

         X  Consumer Financial Protection Bureau (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, Department of the 
                Treasury (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)

               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)

[[Page 1174]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            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) [Reserved]

                    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) [Reserved]

[[Page 1175]]

                     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)

                       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  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance 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)

[[Page 1176]]

                          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)
        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) 
                [Reserved]
       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) [Reserved]

[[Page 1177]]

        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) [Reserved]
       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--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        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--799)

                   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)

[[Page 1178]]

        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)
      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

[[Page 1179]]

         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 Investment Security, 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)
         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  Department of Defense, 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, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 1180]]

                          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 Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          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)

[[Page 1181]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                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)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          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  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 1182]]

       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--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99)
            Subtitle E [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)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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)

[[Page 1183]]

                       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)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       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 of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      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)

[[Page 1184]]

                      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)
         V  The First Responder Network Authority (Parts 500--599)

           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  Department of 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)
        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)

[[Page 1185]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        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)
        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)
         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 (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)

[[Page 1186]]

        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)

[[Page 1187]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

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     5, 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, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  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
  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
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 1188]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  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; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            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

[[Page 1189]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             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
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
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 Affairs, Office of the Under-Secretary   15, XV
     for
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
  Career, Technical, and Adult Education, Office  34, IV
       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
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 Policy, National Commission for        1, IV
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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 1190]]

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 Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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 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 Permitting Improvement Steering Council   40, IX
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 of                          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
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 1191]]

  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
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  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; 5, XXXVI; 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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 1192]]

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
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  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
  Safety and Environmental Enforcement, Bureau    30, II
       of
  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 Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 1193]]

  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
  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, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
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, VI
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           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
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 of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 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
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; 47, II

[[Page 1194]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               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
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
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, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
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
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
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 Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
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 of                              2, VI; 22, I; 28, XI

[[Page 1195]]

  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
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  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
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  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 of the                       2, X; 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
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   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
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1197]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
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.govinfo.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.govinfo.gov.

                                  2018

50 CFR
                                                                   83 FR
                                                                    Page
Chapter II
216 Temporary regulations..........................................29460
216 Notification...................................................43792
216.24 (f)(3) introductory text revised.............................3625
216.91 (a)(3)(iii)(B), (iv) introductory text, and (v) 
        introductory text revised...................................3626
216.95 (b) revised..................................................3626
217.90--217.99 (Subpart J) Added; eff. 3-1-20 through 2-28-25......36788
218 Authority citation revised......................................5568
218.60--218.69 (Subpart G) Added....................................5568
219.41--219.50 (Subpart E) Added; eff. 8-27-18 through 8-28-23.....36394
222 Policy statement...............................................21738
223.102 (e) table amended.....................................2931, 4164
223.102 (e) table amended; eff. 10-29-18...........................48984
224.101 (h) table amended...................................21186, 35091
226.226 Added......................................................35092
218.70--218.79 (Subpart H) Revised; eff. 12-21-18 t hrough 12-20-
        23.........................................................67019
218.80--218.89 (Subpart I) Revised; eff. 11-14-18 through 11-13-23
                                                                   57248
229 Fisheries list..................................................5349
229 Temporary regulations..........................................33848

                                  2019

50 CFR
                                                                   84 FR
                                                                    Page
Chapter II
216.24 (b)(4), (6)(iii)(A) through (D), (F), and (8)(iv)(A) 
        revised; eff. date pending.................................70043
216.72 Heading, (d) introductory text, (1), (6) introductory text, 
        (e), (f), and (g) revised; (b), (d)(3), (5), and (9) 
        removed....................................................52382
216.74 Revised.....................................................52383
217.20--217.29 (Subpart C) Added; eff. 3-7-19 through 2-29-2024.....8274
217.30--217.39 (Subpart D) Added; eff. 12-1-21 through 11-30-26....70322
217.60--217.69 (Subpart G) Added; eff. 4-10-19 until 4-10-24.......14333
217.160--217.169 (Subpart Q) Added; 7-30-19 through 7-3-24.........37502
218.20--218.29 (Subpart C) Added; eff. 5-17-19 through 5-17-24.....15983
218.80--218.89 (Subpart I) Revised.................................70781
218.230--218.238 (Subpart X) Added; eff. 8-12-19 through 8-11-26 
                                                                   40208
219.51--219.60 (Subpart F) Added; eff. 10-7-19 through 10-7-24.....46823
223.206 (d)(2)(ii)(A)(3) and (3)(i) introductory text revised; 
        eff. 4-1-21................................................70063

[[Page 1198]]

223.207 (a)(4), (6), (7)(ii)(B), (C), (d)(3)(ii), and (iii) 
        revised; (d)(3)(v) added; eff. 4-1-21......................70063
224.101 (h) table amended..........................................15487

                                  2020

50 CFR
                                                                   85 FR
                                                                    Page
Chapter II
Chapter II Notification............................................60079
216.3 Amended; interim.............................................69517
216.24 (h)(6)(i) and (8)(v) revised; interim.......................69517
216.24 Nomenclature change; (e)(4)(i) and (ii) added; eff. date 
        delayed....................................................29669
216.24 Regulation at 85 FR 29669 eff. date confirmed...............49975
216.24 Regulation at 84 FR 70043 eff. date confirmed...............58297
216.72 Correction: amended.........................................15948
216.74 Correction: amended.........................................15948
217 Technical correction...........................................20201
217.40--217.49 (Subpart E) Added; eff. 1-1-21 through 12-31-25.....50751
217.100--217.109 (Subpart K) Added.................................18467
217.150--217.159 (Subpart P) Added; eff. through 11-30-25..........83471
218 Technical correction............................................1770
218.30--218.39 (Subpart D) Added; eff. 3-25-20 through 3-25-25.....10325
218.70--218.79 (Subpart H) Revised; eff. 7-10-20 through 12-20-25 
                                                                   41893
218.90--218.97 (Subpart J) Revised; eff. 7-31-20 through 7-30-27 
                                                                   46410
218.140--218.148 (Subpart O) Revised; eff. through 11-8-27.........72459
219.71--219.80 (Subpart H) Added; eff. 6-5-20 through 6-5-25.......27079
222 Determination..................................................53684
223 Notification...................................................48331
223.102 (e) table amended..........................................81832
223.207 Correction: (d)(3)(v) amended; eff. 4-1-21.................59199
224 Notification...................................................48331
224.101 (h) table amended..........................................81836
229 Fisheries list.................................................21079
229 Temporary regulations..........................................50959

                                  2021

50 CFR
                                                                   86 FR
                                                                    Page
Chapter II
217.70--217.79 (Subpart R) Added; eff. through 5-14-27.............71178
217.120--217.129 (Subpart M) Added (temporary).....................27998
217.180--217.189 (Subpart S) Added; eff. through 4-19-26............5444
217.185 Correction: second (c)(12) redesignated as (c)(14).........18476
217.210--217.219 (Subpart W) Added; eff. through 4-1-26............17490
218.1--218.9 (Subpart A) Added; eff. through 6-7-26................24356
219 Added; eff. through 1-15-26.....................................3868
219.31--219.40 (Subpart D) Added; eff. through 10-21-26............58467
223 Temporary regulations...................................61712, 69178
223.102 (e) table 1 amended........................................21152
223.206--223.207 Regulation at 84 FR 70063 eff. date delayed to 8-
        1-21.......................................................16676
224.101 (h) table amended...........................21152, 447024, 74380
226.206 Revised....................................................41695
226.227 Added......................................................21153

                                  2022

50 CFR
                                                                   87 FR
                                                                    Page
Chapter II
216 Policy statement........................................42104, 76998
216.3 Amended......................................................63957
216.24 (e)(1)(i) added.............................................17023
217.1--217.10 (Subpart A) Revised; eff. through 4-20-27............23120
217.50--217.59 (Subpart F) Added; eff. through 5-14-27.............22492
217.70--217.79 (Subpart R) Correction: Redesignated as 217.170--
        217.179......................................................885
217.170--217.179 (Subpart R) Correction: Redesignated from 
        217.70--217.79...............................................885
218.10--218.19 (Subpart B) Added...................................40960
223.102 (e) table amended.....................19228, 19286, 22141, 79817
223.301 (d) added..................................................79818
226.213 Removed....................................................22141
226.228 Added......................................................19286
226.229 Added......................................................19229

[[Page 1199]]

                                  2023

  (Regulations published from January 1, 2023, through October 1, 2023)

50 CFR
                                                                   88 FR
                                                                    Page
Chapter II
217.110--217.119 (Subpart L) Revised; eff. through 5-18-28.........31654
217.130--217.139 (Subpart N) Added; eff. through 3-31-28...........19539
217.260--217.269 (Subpart AA) Added; eff. 10-13-23 through 10-12-
        28.........................................................62977
218 Authority citation added.......................................24100
218.60--218.69 (Subpart G) Added; eff. through 4-13-30.............24100
218.150--218.158 (Subpart P) Added; eff. through 2-2-30..............690
222 Determination...................................................4792
223.102 (e) table amended...................................54054, 58519
223.301 (e) added..................................................58520
226.230 Added......................................................54054


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