[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Proposed Rules]
[Pages 4276-4277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00437]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

RIN 0648-XF080


Endangered and Threatened Species; Petition for Rulemaking To 
Establish a Whale Protection Zone for Southern Resident Killer Whales

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 4277]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of petition; request for comments.

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SUMMARY: This document announces receipt by the National Marine 
Fisheries Service (NMFS) of a petition for rulemaking to establish a 
whale protection zone in the San Juan Islands, Washington, to support 
recovery of endangered Southern Resident killer whales. NMFS is 
requesting comments on the petition and will consider all comments and 
available information when determining whether to accept the petition 
and proceed with the suggested rulemaking.

DATES: The closing date for comments on the petition is April 13, 2017.

ADDRESSES: You may submit information on this document identified by 
NOAA-NMFS-2016-0152 and the petition by either of the following 
methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the Federal e-Rulemaking Portal, go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0152, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail or hand-delivery: Lynne Barre, NMFS West Coast 
Region, 7600 Sand Point Way NE., Seattle, WA 98115.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Lynne Barre, West Coast Regional 
Office, 206-526-4745.

SUPPLEMENTARY INFORMATION: In 2009, NMFS proposed vessel traffic 
regulations to minimize vessel impacts to Southern Resident killer 
whales, including a 200-yard approach rule, a prohibition on parking 
vessels in the path of the whales, and a protected area (no-go zone) in 
Puget Sound along the west side of San Juan Island, Washington (74 FR 
37674; July 29, 2009). In 2011, we finalized vessel traffic regulations 
that included an approach rule and path prohibitions but did not 
finalize a protected area (76 FR 20870; April 14, 2011). In deciding 
not to move forward with a protected area in the final rule, we noted 
the degree of public opposition to the concept and concluded a no-go 
zone required further analysis. We further noted that to be effective, 
regulations must be understood by the public and have a degree of 
public acceptance. We stated that we would evaluate the enacted 
regulations, gather additional information and conduct further analysis 
and public outreach on the concept of identifying a protected area or 
no-go zone as a future protective measure. Since 2011, we have 
conducted a public workshop in 2013, continued communicating with a 
variety of interested groups (including the petitioners) on this topic, 
and are currently completing a review of the 2011 vessel traffic 
regulations. NOAA's Northwest Fisheries Science Center has also 
conducted further research on the impacts of vessels on Southern 
Resident killer whales.
    On November 10, 2016, NMFS received a petition pursuant to the 
Administrative Procedure Act (APA) from the Orca Relief Citizen's 
Alliance, Center for Biological Diversity, and Project Seawolf 
requesting that we utilize our authorities under the Endangered Species 
Act (ESA) and Marine Mammal Protection Act (MMPA) to establish a whale 
protection zone to reduce noise and disturbance of Southern Resident 
killer whales. The petitioners identify threats to the whales, discuss 
alleged insufficiencies with existing protections, and describe NMFS' 
authority under the ESA and MMPA to establish a whale protection zone 
with regulations. The petition describes the features of a whale 
protection zone and cites information from our evaluation of the 
benefits of a protected area supporting our 2009 proposed rule. The 
area proposed for a protection zone is similar to, but wider and longer 
than the zone originally considered by NMFS in 2009 (74 FR 37674; July 
29, 2009).
    To ensure our decision about whether to accept the petition and 
move forward with the petitioned action to establish a whale protection 
zone is based on the best available scientific and commercial 
information, we are soliciting information from the public, 
governmental agencies, Tribes, the scientific community, industry, 
environmental entities, and any other interested parties concerning the 
petitioned action. In particular we request information and comments 
on: (1) The advisability of and need for regulations to establish a 
whale protection zone; (2) the geographic scope of regulations; (3) 
alternative management options for regulating vessel interactions with 
killer whales, including but not limited to the option in the petition; 
(4) scientific and commercial information regarding the effects of 
vessels on killer whales and their habitat; (5) information regarding 
potential economic effects of regulating vessel interactions; and (6) 
any additional relevant information that NMFS should consider should it 
accept the petition. To inform your comments, information on the 
previous vessel regulations, the petition and other supporting 
documents is available at: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/killer_whale/vessel_regulations.html.
    You may submit your information and materials electronically or via 
mail (see ADDRESSES section). We request that all information be 
accompanied by supporting documentation such as maps, bibliographic 
references, or reprints of pertinent publications. We also would 
appreciate the submitter's name, address, and any association, 
institution, or business that the person represents; however, anonymous 
submissions will also be accepted.
    If NMFS decides to accept the petition and initiate rulemaking, we 
will notify the petitioners and publish a notice of our decision in the 
Federal Register. If NMFS decides not to proceed with the petitioned 
action, we will notify the petitioners, provide a brief statement of 
the grounds for the decision, and publish notice of our decision in the 
Federal Register.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: January 6, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-00437 Filed 1-12-17; 8:45 am]
 BILLING CODE 3510-22-P