[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Proposed Rules]
[Pages 20846-20847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06978]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC760]
50 CFR Part 224
Endangered and Threatened Species; Petition To Establish a Vessel
Speed Restriction and Other Vessel-Related Measures To Protect Rice's
Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of petition; request for comments.
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SUMMARY: The Natural Resources Defense Council, Healthy Gulf, Center
for Biological Diversity, Defenders of Wildlife, Earthjustice, and New
England Aquarium submitted a petition to the National Marine Fisheries
Service (NMFS) for rulemaking to establish a year-round 10-knot (kn)
(5.1 meters/second) vessel speed limit and other vessel-related
mitigation measures in the Rice's whale ``core'' habitat area. 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: Submit written comments on or before July 6, 2023.
ADDRESSES: You may submit data, information, or comments on this
document, identified by NOAA-NMFS-2023-0027, and the petition by either
of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2023-0027. Click on the ``Comment'' icon and complete
the required fields. Enter or attach your comments.
Mail: Submit written comments to Assistant Regional
Administrator, Protected Resources Division, NMFS, Southeast Regional
Office, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: NMFS may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. 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), 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).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe portable electronic file (PDF) formats only. The
petition can be obtained electronically on our website at: https://www.fisheries.noaa.gov/species/rices-whale#conservation-management.
FOR FURTHER INFORMATION CONTACT: Laura Engleby, NMFS Southeast Region,
[email protected], 727-824-5312.
SUPPLEMENTARY INFORMATION: On May 11, 2021, NMFS received a petition
pursuant to the Administrative Procedure Act from the Natural Resources
Defense Council, Healthy Gulf, Center for Biological Diversity,
[[Page 20847]]
Defenders of Wildlife, Earthjustice, and New England Aquarium
requesting that we utilize our authorities under the Endangered Species
Act (ESA) and Marine Mammal Protection Act (MMPA) to establish a
``Vessel Slowdown Zone'' to protect Rice's whales from collisions with
vessels and noise pollution. The petition proposes a year-round 10-knot
vessel speed restriction within waters between 100 meters (m) and 400 m
deep from approximately Pensacola, FL, to just south of Tampa, FL
(i.e., from 87.5[deg] W longitude to 27.5[deg] N latitude) plus an
additional 10 kilometers (km) around that area (referred to in the
petition as the ``Vessel Slowdown Zone''). The petition proposes the
following additional restrictions within this ``Vessel Slowdown Zone'':
(a) no vessel transits at night; (b) vessels transiting through the
zone must report their plans to NMFS, utilize visual observers, and
maintain a separation distance of 500 m from Rice's whales; (c) use and
operate an Automatic Identification System, or notify NMFS of transits
through the zone; and (d) report deviations from these requirements to
NMFS. The petitioners discuss the vulnerability of the species,
identify vessel strikes and vessel noise as risks to the whales, and
describe NMFS' authority under the ESA and MMPA to establish a ``Vessel
Slowdown Zone'' with regulations. The petition describes the features
of a ``Vessel Slowdown Zone'' and asserts that the petitioned vessel-
related mitigation measures are necessary for the conservation and
recovery of Rice's whales.
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 ``Vessel
Slowdown Zone;'' (2) the geographic scope of any such regulations; (3)
alternative management options for regulating vessel interactions with
Rice's whales, including but not limited to the options in the
petition; (4) scientific and commercial information regarding the
effects of vessels on Rice's whales, or other similar species, and
their habitat; (5) information regarding potential economic effects of
regulating vessel interactions; and (6) any additional, relevant
information that NMFS should consider. The petition is available at:
https://www.fisheries.noaa.gov/species/rices-whale#conservation-management.
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 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 and provide a brief statement of the
grounds for the decision.
Dated: March 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-06978 Filed 4-6-23; 8:45 am]
BILLING CODE 3510-22-P