cfr_sections
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858 rows where agency = "NOAA" and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:10.0.1.1.1.0.1.1 | 50 | Wildlife and Fisheries | II | A | 200 | PART 200—SMALL BUSINESS SIZE STANDARDS ESTABLISHED BY NMFS FOR REGULATORY FLEXIBILITY ACT COMPLIANCE PURPOSES ONLY | 200.1 | § 200.1 Purpose and scope. | NOAA | 5 U.S.C. 601 et seq. | 80 FR 81198, Dec. 29, 2015, unless otherwise noted. | (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. | |||
| 50:50:10.0.1.1.1.0.1.2 | 50 | Wildlife and Fisheries | II | A | 200 | PART 200—SMALL BUSINESS SIZE STANDARDS ESTABLISHED BY NMFS FOR REGULATORY FLEXIBILITY ACT COMPLIANCE PURPOSES ONLY | 200.2 | § 200.2 Small business size standards and frequency of review. | NOAA | 5 U.S.C. 601 et seq. | 80 FR 81198, Dec. 29, 2015, unless otherwise noted. | (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. | |||
| 50:50:10.0.1.3.10.0.13.1 | 50 | Wildlife and Fisheries | II | C | 224 | PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES | 224.101 | § 224.101 Enumeration of endangered marine and anadromous species. | NOAA | 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq. | 64 FR 14066, Mar. 23, 1999, unless otherwise noted. | [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, Sept. 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; 89 FR 12985, Feb. 21, 2024; 89 FR 101999, Dec. 17, 2024] | (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 individu… | ||
| 50:50:10.0.1.3.10.0.13.2 | 50 | Wildlife and Fisheries | II | C | 224 | PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES | 224.102 | § 224.102 Permits for endangered marine and anadromous species. | NOAA | 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq. | 64 FR 14066, Mar. 23, 1999, unless otherwise noted. | 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. | |||
| 50:50:10.0.1.3.10.0.13.3 | 50 | Wildlife and Fisheries | II | C | 224 | PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES | 224.103 | § 224.103 Special prohibitions for endangered marine mammals. | NOAA | 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq. | 64 FR 14066, Mar. 23, 1999, unless otherwise noted. | [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] | (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. (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, beca… | ||
| 50:50:10.0.1.3.10.0.13.4 | 50 | Wildlife and Fisheries | II | C | 224 | PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES | 224.104 | § 224.104 Special requirements for fishing activities to protect endangered sea turtles. | NOAA | 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq. | 64 FR 14066, Mar. 23, 1999, unless otherwise noted. | [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; 90 FR 38002, Aug. 7, 2025] | (a) Shrimp fishermen in the southeastern United States and the Gulf of America who comply with rules for threatened sea turtles specified in § 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 § 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 § 223.206(d). | ||
| 50:50:10.0.1.3.10.0.13.5 | 50 | Wildlife and Fisheries | II | C | 224 | PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES | 224.105 | § 224.105 Speed restrictions to protect North Atlantic Right Whales. | NOAA | 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq. | 64 FR 14066, Mar. 23, 1999, unless otherwise noted. | [79 FR 34245, June 16, 2014] | (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°27′00.0″ N-080°51′36.0″ 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°45′00.0″ N thence east to 29°45′00.0″ N-080°51′36.0″ 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°56′42.0″ N-077°31′30.0″ W; thence along a NW bearing of 313.26° 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°27′00.0″ N; thence east to 31°27′00.0″ N-080°51′36.0″ W; thence to 31°50′00.0″ N-080°33′12.0″ W; thence to 32°59′06.0″ N-078°50′18.0″ W; thence to 33°28′24.0″ N-078°32′30.0″ W; thence to 33°36′30.0″ N-077°47′06.0″ W; thence back to starting point.; (ii) Within a 20-nm (37 km) radius (as measured seaward from COLREGS delineated coast lines and the ce… | ||
| 50:50:10.0.1.3.12.0.13.1 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.101 | § 226.101 Purpose and scope. | NOAA | 16 U.S.C. 1533. | [77 FR 25622, May 1, 2012] | 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 § 223.102 of this chapter if threatened and at § 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 § 222.102, definition of “Office of Protected Resources”). | |||
| 50:50:10.0.1.3.12.0.13.10 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.209 | § 226.209 Critical habitat for hawksbill turtle. | NOAA | 16 U.S.C. 1533. | [63 FR 46701, Sept. 2, 1998. Redesignated and amended at 64 FR 14067, Mar. 23, 1999] | (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] | |||
| 50:50:10.0.1.3.12.0.13.11 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.210 | § 226.210 Central California Coast Coho Salmon ( | NOAA | 16 U.S.C. 1533. | [64 FR 24061, May 5, 1999, as amended at 69 FR 18803, Apr. 9, 2004] | 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 Cali… | |||
| 50:50:10.0.1.3.12.0.13.12 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.211 | § 226.211 Critical habitat for Seven Evolutionarily Significant Units (ESUs) of Salmon ( | NOAA | 16 U.S.C. 1533. | [70 FR 52536, Sept. 2, 2005] | 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: (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 f… | |||
| 50:50:10.0.1.3.12.0.13.13 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.212 | § 226.212 Critical habitat for 15 Distinct Population Segments (DPSs) of salmon and steelhead ( | NOAA | 16 U.S.C. 1533. | [70 FR 52684, Sept. 2, 2005, as amended at 73 FR 7844, Feb. 11, 2008; 81 FR 9277, Feb. 24, 2016] | 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: (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 suppor… | |||
| 50:50:10.0.1.3.12.0.13.14 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.213 | § 226.213 [Reserved] | NOAA | 16 U.S.C. 1533. | |||||
| 50:50:10.0.1.3.12.0.13.15 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.214 | § 226.214 Critical habitat for Gulf sturgeon. | NOAA | 16 U.S.C. 1533. | [68 FR 13454, Mar. 19, 2003, as amended at 90 FR 38003, Aug. 7, 2025] | Gulf sturgeon is under the joint jurisdiction of the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS). The FWS will maintain primary responsibility for recovery actions and NMFS will assist in and continue to fund recovery actions pertaining to estuarine and marine habitats. In riverine units, the FWS will be responsible for all consultations regarding Gulf sturgeon and critical habitat. In estuarine units, we 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 al… | |||
| 50:50:10.0.1.3.12.0.13.16 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.215 | § 226.215 Critical habitat for the North Pacific Right Whale ( | NOAA | 16 U.S.C. 1533. | [73 FR 19011, Apr. 8, 2008] | (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°00′ N/168°00′ W 58°00′ N/163°00′ W 56°30′ N/161°45′ W 55°00′ N/166°00′ W 56°00′ N/168°00′ W 58 °00′ N/168°00′ W. (c) Gulf of Alaska. An area described by a series of straight lines connecting the following coordinates in the order listed: 57°03′ N/153°00′ W 57°18′ N/151°30′ W 57°00′ N/ 151°30′ W 56°45′ N/153°00′ W 57°03′ N/153°00′ W. (d) Maps of critical habitat for the North Pacific right whale follow: | |||
| 50:50:10.0.1.3.12.0.13.17 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.216 | § 226.216 Critical habitat for elkhorn ( | NOAA | 16 U.S.C. 1533. | [73 FR 72236, Nov. 26, 2008] | 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°32′42.5″ 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°45′55″ N, Government Cut, Miami-Dade County; then runs due west to the point of inter… | |||
| 50:50:10.0.1.3.12.0.13.18 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.217 | § 226.217 Critical habitat for the Gulf of Maine Distinct Population Segment of Atlantic Salmon ( | NOAA | 16 U.S.C. 1533. | [74 FR 29333, June 19, 2009, as amended at 74 FR 39904, Aug. 10, 2009] | 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 (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 an… | |||
| 50:50:10.0.1.3.12.0.13.19 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.218 | § 226.218 Critical habitat for the U.S. DPS of smalltooth sawfish ( | NOAA | 16 U.S.C. 1533. | [74 FR 45373, Sept. 2, 2009] | 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 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°59.467′ W, and the northern extent of the Charlotte Harbor Preserve State Park at 26°58.933′ N. At the Myakka River the unit is bounded by the … | |||
| 50:50:10.0.1.3.12.0.13.2 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.201 | § 226.201 Critical habitat for the Hawaiian monk seal ( | NOAA | 16 U.S.C. 1533. | [80 FR 50974, Aug. 21, 2015] | 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 par… | |||
| 50:50:10.0.1.3.12.0.13.20 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.219 | § 226.219 Critical habitat for the Southern Distinct Population Segment of North American Green Sturgeon ( | NOAA | 16 U.S.C. 1533. | [74 FR 52345, Oct. 9, 2009] | 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°38′12″ N./121°56′13″ 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°23′10″ N./124°43′32″ W.), Tatoosh Island (48°23′30″ N./124°44′12″ W.), and Bonilla Point, British Columbia (48°35′30″ N./124°43′00″ W.); in Jefferson and Island counties north and west of a line connecting Point Wilson (48°08′38″… | |||
| 50:50:10.0.1.3.12.0.13.21 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.220 | § 226.220 Critical habitat for the Cook Inlet beluga whale ( | NOAA | 16 U.S.C. 1533. | [76 FR 20212, Apr. 11, 2011] | 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°08.5′ N., 151°04.4′ W.) connecting to Point Possession (61°02.1′ N., 150°24.3′ W.), including waters of the Susitna River south of 61°20.0′ N., the Little Susitna River south of 61°18.0′ N., and the Chickaloon River north of 60°53.0′ N. (2) Area 2. All marine waters of Cook Inlet south of a line from the mouth of Threemile Creek (61°08.5′ N., 151°04.4′ W.) to Point Possession (61°02.1′ N., 150°24.3′ W.) and north of 60°15.0′ N., including waters within 2 nautical miles seaward of MHW along the western shoreline of Cook Inlet between 60°15.0′ N. and the mouth of the Douglas River (59°04.0′ N., 153°46.0′ W.); all waters of Kachemak Bay east of 151°40.0′ 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). (c) Primary constituent elements. The primary constituent e… | |||
| 50:50:10.0.1.3.12.0.13.22 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.221 | § 226.221 Critical habitat for black abalone ( | NOAA | 16 U.S.C. 1533. | [76 FR 66841, Oct. 27, 2011] | 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°44′25.04″ N, 123°30′52.067″ W and 38°44′25.948″ N, 123°30′19.175″ W; southern coordinates: 37°49′3.404″ N, 122°31′56.339″ W and 37°49′3.082″ N, 122°31′50.549″ W. (ii) South of San Francisco Bay in San Francisco County to Natural Bridges State Beach in Santa Cruz County, California: northern coordinates: 37°47′17.078″ N, 122°31′13.59″ W and 37°47′17.524″ N, 122°30′21.458″ W; southern coordinates: 36°57′11.547″ N, 121°58′36.276″ W and 36°57′15.208″ N, 121°58′31.424″ W. (iii) Pacific Grove in Monterey County to Cayucos in San Luis Obispo County, California: northern coordinates: 36°36′41.16″ N, 121°53′30.4… | |||
| 50:50:10.0.1.3.12.0.13.23 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.222 | § 226.222 Critical habitat for the southern Distinct Population Segment of eulachon ( | NOAA | 16 U.S.C. 1533. | [76 FR 65349, Oct. 20, 2011] | 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 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°57′37″ N./124°7′36″ W.) upstream to the confluence with the North Fork Mad River (40°52′32″ N./123°59′30″ W.). (2) Redwood Creek, California. From the mouth of Redwood Creek (41°17′35″ N./124°5′30″ W.) upstream to the confluence with Tom McDonald Creek (41°12′25″ N./124°0′39″ W.). (3) Klamath River, California. From the mouth of the Klamath River (41°32′52″ N./124°4′58″ W.) upstream to the confluence with Omogar Creek (41°29′13″ N./123°57′39″ W.) (4) Umpqua River, Oregon. From the mouth of the Umpqua River (43°40′7″ N./124°13′6″ W.) upstream to the confluence with Mill Creek (43°39′20″ N./123°52′35″ W.). (5) Tenmile Creek, Oregon. From the mouth of Tenmile Creek (44°13′34″ N./124°6′45″ W.) upstream to the Highway 101 bridge crossing (44°13′27″ N./124°6′35″ W.). (6) Sandy River, Oregon. From the confluence wi… | |||
| 50:50:10.0.1.3.12.0.13.24 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.223 | § 226.223 Critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle ( | NOAA | 16 U.S.C. 1533. | [79 FR 39889, July 10, 2014, as amended at 90 FR 38003, Aug. 7, 2025] | 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° N. lat. and Cape Lookout (approximately 34.58° 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°16′ N lat.) in a straight la… | |||
| 50:50:10.0.1.3.12.0.13.25 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.224 | § 226.224 Critical habitat for the Puget Sound/Georgia Basin DPS of yelloweye rockfish ( | NOAA | 16 U.S.C. 1533. | [79 FR 68075, Nov. 13, 2014, as amended at 82 FR 7720, Jan. 23, 2017] | 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: (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… | |||
| 50:50:10.0.1.3.12.0.13.26 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.225 | § 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. | NOAA | 16 U.S.C. 1533. | [82 FR 39239, Aug. 17, 2017] | 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,… | |||
| 50:50:10.0.1.3.12.0.13.27 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.226 | § 226.226 Critical habitat for the main Hawaiian Islands insular false killer whale ( | NOAA | 16 U.S.C. 1533. | [83 FR 35092, July 24, 2018] | 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 Na… | |||
| 50:50:10.0.1.3.12.0.13.28 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.227 | § 226.227 Critical habitat for the Central America, Mexico, and Western North Pacific distinct population segments (DPSs) of humpback whales ( | NOAA | 16 U.S.C. 1533. | [86 FR 21153, Apr. 21, 2021] | 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: (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° 33′ 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° 10′, 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° 40′ N to 36° 00′ N, the nearshore boundary is defined by the 15-m isobath relative to MLLW; and from 36° 00′ N to 34° 30′ N, the nearshore boundary is defined by the 30-m isobath relative to MLLW. North of 40° 20′ N, the offshore boundary of the critical habitat is defined by a line corresponding to the 2,000-m isobath, and from 40° 20′ N to 38° 40′ N, the offshore boundary is defined by the 3,000-m isobath. From 38° 40′ N southward, the remaining areas have an offshore boundary defined by a line corresponding to the 3,700-m isobath. (… | |||
| 50:50:10.0.1.3.12.0.13.29 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.228 | § 226.228 Critical Habitat for the Arctic Subspecies ( | NOAA | 16 U.S.C. 1533. | [87 FR 19286, Apr. 1, 2022] | 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°26′19″ N/140°11′21″ W, and from this point runs generally westward along the line connecting the following points: 70°55′35″ N/142°33′51″ W, 70°53′25″ N/144°37′19″ W, 71°1′22″ N/146°36′55″ W, 71°17′21″ N/148°34′58″ W, and 71°20′8″ N/150° W. From this point (71°20′8″ N/150° W) the boundary follows longitude 150° W northward to 72°20′4″ N/150° W, then extends westward to 72°20′4″ N/153° W, then follows longitude 153° 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°18′15″ N/177°45′56″ W. The southern boundary extends southeastward from this intersection point to 60°7″ N/172°1″ W, then northeastward along a line extending to near Cape Romanzof at 61°48′42″ N/166°6′5″ 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 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:… | |||
| 50:50:10.0.1.3.12.0.13.3 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.202 | § 226.202 Critical habitat for Steller sea lions. | NOAA | 16 U.S.C. 1533. | [58 FR 45278, Aug. 27, 1993. Redesignated and amended at 64 FR 14067, Mar. 23, 1999] | (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° 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° 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 shorte… | |||
| 50:50:10.0.1.3.12.0.13.30 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.229 | § 226.229 Critical Habitat for the Beringia Distinct Population Segment of the Bearded Seal Subspecies | NOAA | 16 U.S.C. 1533. | [87 FR 19229, Apr. 1, 2022] | 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 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°36′ N south of Wainwright; then follows the 10-m isobath (relative to MLLW) to its intersection with latitude 65°35′ N near Cape Prince of Wales; then follows the 5-m isobath (relative to MLLW) to its intersection with longitude 164°46′ 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°32′26″ N/179°9′53″ W. The southern boundary extends southeastward from this intersection point to 57°58′ N/170°25′ W, then eastward to 58°29′ N/164°46′ W, then follows longitude 164°46′ W to its intersection with the nearshore boundary defined by the 5-m isobat… | |||
| 50:50:10.0.1.3.12.0.13.31 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.230 | § 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). | NOAA | 16 U.S.C. 1533. | [88 FR 54054, Aug. 9, 2023, as amended at 89 FR 19512, Mar. 19, 2024; 90 FR 38003, Aug. 7, 2025] | 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: Table 1 to Paragraph ( a ) (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 America 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. 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 (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 … | |||
| 50:50:10.0.1.3.12.0.13.32 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.231 | § 226.231 Critical habitat for the Nassau grouper. | NOAA | 16 U.S.C. 1533. | [89 FR 155, Jan. 2, 2024] | Critical habitat is designated in the following state and territories as depicted in the maps below and described in paragraphs (a) through (d) of this section. The maps as clarified by the textual descriptions in this section are the definitive sources for determining the critical habitat boundaries. (a) Critical habitat boundaries. Except as noted in paragraph (c) of this section, critical habitat is defined as: (1) Navassa Island—All waters surrounding Navassa Island, from the shoreline to the 30 m isobath. (2) Puerto Rico Unit 1—Isla de Mona and Monito—All waters surrounding the islands of Mona and Monito from the shoreline to the 50 m isobath. (3) Puerto Rico Unit 2—Desecheo Island—All waters surrounding the island of Desecheo from the shoreline to the 50 m isobath. (4) Puerto Rico Unit 3—Southwest—All waters from the southwestern shoreline of Puerto Rico, between Playa Tres Tubos just south Mayaguez and Punta Ballena in Guanica, extending offshore to depths of about 10 m and, near La Parguera, to depths of about 15 m. (5) Puerto Rico Unit 4—Northeast—All waters from the northeastern shoreline of Puerto Rico out to depths of about 10 m between Cabeza Chiquita and Punta Lima. (6) Puerto Rico Unit 5—Vieques Island—There are two areas that make up this unit. First, all waters from the southwestern shoreline out to the inner reef in depths of about 2 m between Punta Boca Quebrada and Punta Vaca. Second, all waters from the southeastern and northeastern shorelines out to the inner reef in depths of about 2 m between Punta Mulas and Ensenada Honda near Cayo Jalovita. (7) Puerto Rico Unit 6—Isla de Culebra—There are two areas that make up this unit. First, all waters from the southeastern shoreline of Isla de Culebra out to the reef ledge in depths of about 15 m between Punta del Soldado and Cabeza de Perro, excluding the bays of Puerto del Manglar and Ensenada Honda. Second, all waters from the southern shoreline of Isla Culebrita out to the nearshore reef in depths of about 5 m between the western point… | |||
| 50:50:10.0.1.3.12.0.13.33 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.232 | § 226.232 Critical habitat for | NOAA | 16 U.S.C. 1533. | [90 FR 31823, July 15, 2025] | Critical habitat is designated in the following jurisdictions for the following species as depicted in figures 1 through 27 of this section and described in paragraphs (a) through (e) of this section. The maps can be viewed or obtained with greater resolution (available at https://www.fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat#critical-habitat-designations-maps-and-gis-data ) to enable a more precise inspection of the critical habitat for A. globiceps, A. retusa, A. speciosa, F. paradivisa, and I. crateriformis. (a) Critical habitat locations. Critical habitat is designated for the following species in the following jurisdictions: Table 1 to Paragraph ( a ) (b) Critical habitat boundaries. Except as noted in paragraph (d) of this section, critical habitat for the five species includes all specific areas depicted in figures 1 through 27 of this section. (c) Essential feature. The feature essential to the conservation of A. globiceps, A. retusa, A. speciosa, F. paradivisa and I. crateriformis 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 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 anthropogenica… | |||
| 50:50:10.0.1.3.12.0.13.4 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.203 | § 226.203 Critical habitat for North Atlantic right whales ( | NOAA | 16 U.S.C. 1533. | [81 FR 4871, Jan. 27, 2016] | 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 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 °C to 17 °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 specifi… | |||
| 50:50:10.0.1.3.12.0.13.5 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.204 | § 226.204 Critical habitat for Sacramento winter-run chinook salmon. | NOAA | 16 U.S.C. 1533. | [58 FR 33218, June 16, 1993. Redesignated and amended at 64 FR 14067, Mar. 23, 1999] | 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. | |||
| 50:50:10.0.1.3.12.0.13.6 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.205 | § 226.205 Critical habitat for Snake River sockeye salmon, Snake River fall chinook salmon, and Snake River spring/summer chinook salmon. | NOAA | 16 U.S.C. 1533. | [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] | 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 Rive… | |||
| 50:50:10.0.1.3.12.0.13.7 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.206 | § 226.206 Critical habitat for the Southern Resident killer whale ( | NOAA | 16 U.S.C. 1533. | [86 FR 41695, Aug. 2, 2021] | 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: 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°24′25″ N/122°38′35″ W). (ii) Puget Sound Area. All marine waters in Island County east and south of the Deception Pass Bridge (Highway 20) (48°24′25″ N/122°38′35″ W), and east of a line connecting the Point Wilson Lighthouse (48°8′39″ N/122°45′12″ W) and a point on Whidbey Island located at 48°12′30″ N/122°44′26″ W; all marine waters in Skagit County east of the Deception Pass Bridge (Highway 20) (48°24′25″ N/122°38′35″ W); all marine waters of Jefferson County east of a line connecting the Point Wilson Lighthouse (48°8′39″ N/122°45′12″ W) and a point on Whidbey Island located at latitude 48°12′30″ N/122°44′26″ W, and north of the Hood Canal Bridge (Highway 104) (47°51′36″ N/122°37′23″ W); all marine waters in eastern Kitsap County east of the Hood Canal Bridge (Highway 104) (47°51′36″ N/122°37′23″ 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 c… | |||
| 50:50:10.0.1.3.12.0.13.8 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.207 | § 226.207 Critical habitat for leatherback turtles ( | NOAA | 16 U.S.C. 1533. | [77 FR 4200, Jan. 26, 2012] | 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°42′12″ N. and 64°50′00″ 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°18′22″ N./121°54′9″ W.) then north along the shoreline following the line of extreme low water to Point Arena, California (38°57′14″ N./123°44′26″ W.) then west to 38°57′14″ N./123°56′44″ W. then south along the 200 meter isobath to 36°18′46″ N./122°4′43″ W. then east to the point of origin at Point Sur. (ii) Nearshore area from Point Arena, California, to Point Arguello, California (34°34′33″ N./120°38′41″ W.), exclusive of Area 1 (see above) and offshore to a line connecting 38°57′14″ N./124°18′36″ W. and 34°34′32″ N./121°39′51″ W along the 3000 meter isobath. (2) Oregon/Washington. The area bounded by Cape Blanco, Oregon (42°50′4″ N./124°33′44″ W.) north along the shoreline following the line of extreme low water to Cape Flattery, Washington (48°23′10″ N./124°43′32″ W.) then north to the U.S./Canada boundary at 48°29′38″ N./124°43′32″ W. then west and south along the line of the U.S. Exclusive Economic Zone to 47°57′38″ N./126°22′54″ W. then south along a line approximating the 2,000 meter isobath that passes through points at 47°39′55″ N./126°13′28″ W., 45°20′16″ N./125°21′ W. to 42°49′59″ N./125°8′10″ W. then east to the point of origin at Cape Blanco. (3) Critical ha… | |||
| 50:50:10.0.1.3.12.0.13.9 | 50 | Wildlife and Fisheries | II | C | 226 | PART 226—DESIGNATED CRITICAL HABITAT | 226.208 | § 226.208 Critical habitat for green turtle. | NOAA | 16 U.S.C. 1533. | [63 FR 46701, Sept. 2, 1998. Redesignated and amended at 64 FR 14067, Mar. 23, 1999] | (a) Culebra Island, Puerto Rico—Waters surrounding the island of Culebra from the mean high water line seaward to 3 nautical miles (5.6 km). These waters include Culebra's outlying Keys including Cayo Norte, Cayo Ballena, Cayos Geniquí, Isla Culebrita, Arrecife Culebrita, Cayo de Luis Peña, Las Hermanas, El Mono, Cayo Lobo, Cayo Lobito, Cayo Botijuela, Alcarraza, Los Gemelos, and Piedra Steven. (b) [Reserved] | |||
| 50:50:10.0.1.3.2.1.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.1 | § 216.1 Purpose of regulations. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | 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. | |
| 50:50:10.0.1.3.2.1.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.2 | § 216.2 Scope of regulations. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994] | This part 216 applies solely to marine mammals and marine mammal products as defined in § 216.3. For regulations under the MMPA, with respect to other marine mammals and marine mammal products, see 50 CFR part 18. |
| 50:50:10.0.1.3.2.1.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.3 | § 216.3 Definitions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974] | 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. Albac… |
| 50:50:10.0.1.3.2.1.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.4 | § 216.4 Other laws and regulations. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 41 FR 36662, Aug. 31, 1976; 58 FR 65134, Dec. 13, 1993] | (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. |
| 50:50:10.0.1.3.2.1.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.5 | § 216.5 Payment of penalty. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981] | 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. |
| 50:50:10.0.1.3.2.1.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.6 | § 216.6 Forfeiture and return of seized property. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 59 FR 50375, Oct. 3, 1994] | (a) Whenever any cargo or marine mammal or marine mammal product has been seized pursuant to section 107 of the MMPA, the Secretary shall expedite any proceedings commenced under these regulations. (b) Whenever a civil penalty has been assessed by the Secretary under these regulations, any cargo, marine mammal, or marine mammal product seized pursuant to section 107 of the MMPA shall be subject to forfeiture. If respondent voluntarily forfeits any such seized property or the monetary value thereof without court proceedings, the Secretary may apply the value thereof, if any, as determined by the Secretary, toward payment of the civil penalty. (c) Whenever a civil penalty has been assessed under these regulations, and whether or not such penalty has been paid, the Secretary may request the Attorney General to institute a civil action in an appropriate United States District Court to compel forfeiture of such seized property or the monetary value thereof to the Secretary for disposition by him in such manner as he deems appropriate. If no judicial action to compel forfeiture is commenced within 30 days after final decision-making assessment of a civil penalty, pursuant to § 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 p… |
| 50:50:10.0.1.3.2.1.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.7 | § 216.7 Holding and bonding. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [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] | (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 § 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. |
| 50:50:10.0.1.3.2.1.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | 216.8 | § 216.8 Enforcement officers. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 59 FR 50375, Oct. 3, 1994] | Enforcement Agents of the National Marine Fisheries Service shall enforce the provisions of the MMPA and may take any actions authorized by the MMPA with respect to enforcement. In addition, the Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal Agency for the purposes of enforcing this MMPA. Pursuant to the terms of section 107(b) of the MMPA, the Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this MMPA. |
| 50:50:10.0.1.3.2.10.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.110 | § 216.110 Purpose. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | The purpose of this subpart is to establish regulations governing the take of whales from the Eastern North Pacific (ENP) gray whale ( Eschrichtius robustus ) stock by the Makah Indian Tribe and its enrolled members in accordance with the Secretary's determination to issue a waiver of the Marine Mammal Protection Act (MMPA) take moratorium pursuant to 16 U.S.C. 1371(a)(3). | |
| 50:50:10.0.1.3.2.10.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.119 | § 216.119 Expiration and amendment. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) The 10-year waiver period begins the first day of the first season after issuance of the initial hunt permit. The waiver and this subpart will expire 10 years after the effective date of the initial hunt permit specified under § 216.113(b), unless extended. (b) If the initial permit begins during a hunt season, resulting in only a partial season being authorized, the Regional Administrator may authorize a partial season that is equivalent in duration to the difference between the partial season in the first hunt year and the full season. This second partial season can only be authorized in the final calendar year during the waiver period. (c) This subpart may be periodically reviewed and modified as provided in 16 U.S.C. 1373(e). | |
| 50:50:10.0.1.3.2.10.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.111 | § 216.111 Scope. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | This subpart authorizes the taking of ENP gray whales only by enrolled members of the Makah Indian Tribe only. | |
| 50:50:10.0.1.3.2.10.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.112 | § 216.112 Definitions. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | In addition to the definitions provided in the MMPA, for purposes of this subpart, the following definitions apply: Barter means the exchange of parts from gray whales taken under this subpart for other wildlife or fish or their parts or for other food or for nonedible items other than money if the exchange is of a noncommercial nature. Bonilla-Tatoosh Line means the line running from the western end of Cape Flattery (48°22′53″ N lat., 124°43′54″ W long.) to Tatoosh Island Lighthouse (48°23′30″ N lat., 124°44′12″ W long.) to the buoy adjacent to Duntze Rock (48°28′00″ N lat., 124°45′00″ W long.), then in a straight line to Bonilla Point (48°35′30″ N lat., 124°43′00″ W long.) on Vancouver Island, British Columbia. Calf means any gray whale less than 1 year old. Enrolled member or member of the Makah Indian Tribe means a person whose name appears on the membership roll maintained by the Makah Tribal Council. ENP gray whale means a member of the Eastern North Pacific stock of gray whales ( Eschrichtius robustus ). Export means the act of sending goods from one country to another. Gray whale means a member of the species Eschrichtius robustus. Harpooner means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of harpooning a gray whale. Hunt and hunting mean to pursue, strike, harpoon, shoot, or land a gray whale under a hunt permit issued under § 216.113(b) or to attempt any such act, but does not include hunting approaches, training approaches, or training harpoon throws. As a noun, hunt also means any act of hunting. Hunt permit means a permit issued by NMFS in accordance with 16 U.S.C. 1374 and this subpart. Hunting approach means to cause, in any manner, a vessel to be within 100 yards (91.5 m) of a gray whale during a hunt. Land and landing mean bringing a gray whale or any products thereof onto the land in the course of hunting. Makah Indian handicrafts means articl… | |
| 50:50:10.0.1.3.2.10.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.113 | § 216.113 Issuance and duration of permits. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) Application. (1) To obtain an initial hunt permit, the Makah Indian Tribe must submit an application to the Regional Administrator signed by an official of the Makah Tribal Council that contains the following information and statements: (i) The proposed duration of the permit; (ii) The maximum number of gray whales to be subjected to hunting or training approaches, struck, landed, and subjected to unsuccessful strike attempts; (iii) A demonstration that the proposed method of taking is humane; (iv) A demonstration that the proposed taking is consistent with this subpart; (v) A copy of the currently enacted Makah Indian Tribal ordinance governing whaling by Makah Indian Tribal members; (vi) A description of the certification process for whaling captains, riflemen, harpooners, Tribal hunt observers, and safety officers, including any guidelines or manuals used by the Tribe to certify such persons; (vii) Any additional hunt permit conditions proposed by the Tribe and a justification for the proposed conditions; and (viii) Any modification to this subpart sought by the Tribe and a justification for the proposed modification. (2) To obtain subsequent hunt permits, the Makah Indian Tribe must submit an application to the Regional Administrator, signed by an official of the Makah Tribal Council, that contains the information required in paragraph (a)(1) of this section and the following information and statements: (i) A description of how the Makah Indian Tribe has complied with the requirements of this subpart and previously issued hunt permits; (ii) A description of circumstances associated with gray whale(s) struck and lost under the most recently issued hunt permit, a description of the measures taken to retrieve such whale(s), and a description of measures taken by the Makah Indian Tribe to minimize future incidents of struck and lost gray whales; and (iii) A description of products obtained from gray whales landed under the most recently issued hunt permit, including a description of the disposit… | |
| 50:50:10.0.1.3.2.10.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.114 | § 216.114 Hunt management requirements and restrictions. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) Hunting seasons. Summer/fall hunts and hunting approaches will only be authorized from July 1 through October 31, and winter/spring hunts and hunting approaches will only be authorized from December 1 through May 31 of the following calendar year, provided that: (1) Throughout the duration of the waiver, the authorized hunting dates will alternate between winter/spring hunts and summer/fall hunts, with winter/spring hunts starting in December of the same calendar year as a summer/fall hunt and summer/fall hunts starting in the calendar year following the year in which a winter/spring hunt has ended; (2) If the start date in the initial hunt permit falls within a winter/spring hunt period, the subsequent summer/fall hunt will commence in the calendar year following the ending date of said winter/spring hunt; and (3) If the start date in the initial hunt permit of the initial hunt season falls within a summer/fall hunt period, the subsequent winter/spring hunt will commence in December of the same calendar year as said summer/fall hunt. (b) Training period. Hunt permits may authorize training approaches in any month and training harpoon throws in any month, except as provided in paragraph (c)(2) of this section and provided all necessary authorizations have been obtained. The authorized training period shall be specified in the permit, as provided in § 216.113(b)(5)(iv). (c) Hunting and training limits. The following limits on the number of ENP gray whales approached, subjected to unsuccessful strike attempts, struck, struck and lost, and landed apply. (1) A hunt permit may authorize no more than 353 approaches, including both hunting and training approaches, each calendar year of which no more than 142 of such approaches may be on PCFG whales. Any hunting approach on a gray whale that has already been struck will not count against these limits. (2) A hunt permit may authorize no more than 18 unsuccessful strike attempts during winter/spring hunts and no more than 12 unsuccessful strike attempts du… | |
| 50:50:10.0.1.3.2.10.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.115 | § 216.115 Accounting and identification of gray whales. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) Images and samples. NMFS hunt observers, Tribal hunt observers, and members of the Makah Indian Tribe may collect still or motion pictures as needed to document hunting and training approaches, strikes (successful and unsuccessful attempts), and landings. Persons designated by NMFS and by the Makah Indian Tribe may also collect, store, transfer, and analyze specimen samples from struck gray whales. Such designated personnel should make every reasonable attempt to collect genetic samples from struck whales without compromising the safety of the hunt. (b) Identification and accounting of gray whales —(1) Winter/spring hunts. Based on the best available evidence, the Regional Administrator will determine in writing whether a gray whale that is struck in a winter/spring hunt is a WNP gray whale or a PCFG whale or neither, or cannot be identified due to a lack of photographs or genetic data useful for making identifications. A whale affirmatively identified as a PCFG whale will be counted accordingly. A whale that cannot be identified will be presumed to be a PCFG whale in accordance with the proportions specified in § 216.114(d)(2) and will be counted accordingly. If the sex of a whale that is counted, in whole or in part, as a PCFG whale cannot be identified, the proportions specified in § 216.114(d)(2) will be applied. (2) Summer/fall hunts. Based on available evidence, the Regional Administrator will determine in writing whether a gray whale that is struck in a summer/fall hunt is a WNP gray whale or cannot be identified due to a lack of photographs or genetic data useful for making identifications. A gray whale that cannot be identified as a WNP gray whale will be counted as a PCFG whale. If the sex of a whale that is counted as a PCFG whale cannot be identified, the proportions specified in § 216.114(d)(2) will be applied. (3) Hunting and training approaches. Gray whales subjected to hunting or training approaches are presumed to be PCFG whales in accordance with the proportions specified in § 21… | |
| 50:50:10.0.1.3.2.10.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.116 | § 216.116 Use of edible and nonedible whale products. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) Gray whales landed under a hunt permit may be utilized as follows: (1) Edible products of ENP gray whales. Enrolled members of the Makah Indian Tribe may possess, consume, and transport edible whale products and may share and barter such products with other enrolled members, both within and outside the Makah Indian Tribe's reservation boundaries, subject to the following restrictions: (i) Within the Tribe's reservation boundaries, enrolled members of the Makah Indian Tribe may share edible ENP gray whale products with any person. (ii) Outside the Makah Indian Tribe's reservation boundaries, enrolled members of the Makah Indian Tribe may share edible ENP gray whale products: (A) At the Tribal member's residence with any person, provided the products are shared for consumption at the Tribal member's residence; or (B) With any person attending a Tribal or intertribal gathering sanctioned by the Makah Tribal Council, so long as there is not more than 2 pounds of such edible product per person attending the gathering. (iii) Any person who is not an enrolled member of the Makah Indian Tribe may possess, consume, and transport edible ENP gray whale products within the Makah Indian Tribe's reservation boundaries so long as the products are shared by an enrolled member of the Makah Indian Tribe. Outside the Tribe's reservation boundaries, any person who is not an enrolled member of the Makah Indian Tribe may possess, consume, and transport edible gray whale products only at a Tribal member's residence or at a Tribal or intertribal gathering sanctioned by the Makah Tribal Council if such products are shared by an enrolled member of the Makah Indian Tribe and the person consumes the products at the gathering. (2) Nonedible products of ENP gray whales. (i) Enrolled members of the Makah Indian Tribe may possess nonedible whale products that have not been fashioned into Makah Indian handicrafts and Makah Indian handicrafts that have not been marked and certificated per paragraph (a)(2)(iii) of this section, may … | |
| 50:50:10.0.1.3.2.10.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.117 | § 216.117 Prohibited acts. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) It is unlawful for the Makah Indian Tribe or any enrolled member of the Makah Indian Tribe to: (1) Take any gray whale except as authorized by a hunt permit issued under § 216.113(b) or by any other provision of this part. (2) Participate in a hunt while failing to carry onboard the vessel at all times a hunt permit issued by NMFS and a Tribal whaling permit issued by the Makah Indian Tribe, or an electronic copy or photocopy of these permits. (3) Make a training approach or a training harpoon throw while failing to carry onboard the training vessel at all times an electronic copy or photocopy of the hunt permit issued by NMFS and a training logbook approved by the Makah Indian Tribe for recording training approaches and training harpoon throws. (4) Participate in a hunt as a whaling captain, rifleman, harpooner, Tribal hunt observer, or safety officer, unless the individual's name is included in a Tribal certification report issued under § 216.118(a)(6)(i). (5) Violate any provision of any hunt permit issued under § 216.113(b). (6) Make an approach on a calf or an adult gray whale accompanying a calf after a member of the whaling crew has identified the presence of a calf. (7) Fail to remain at least 100 yards (91.5 m) away from a calf or an adult accompanying a calf after a member of the whaling crew has identified the presence of a calf. (8) Hunt or make a training harpoon throw on a calf or an adult gray whale accompanying a calf. (9) Hunt outside the geographic area identified in § 216.113(b)(5)(iii) unless in pursuit of a gray whale that has already been struck within that area. (10) Hunt, make a hunting or training approach, or make a training harpoon throw after reaching the limits specified in the hunt permit per § 216.113(b)(5)(i) through (viii). (11) Hunt if the limit on PCFG whales or PCFG females that may be struck is less than one as a result of accounting per § 216.115(b)(1) through (3). (12) Hunt after the Makah Indian Tribe has been notified in writing by the Regional Administrato… | |
| 50:50:10.0.1.3.2.10.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | 216.118 | § 216.118 Requirements for monitoring, reporting, and recordkeeping. | NOAA | 16 U.S.C. 1385. | 89 FR 51636, June 18, 2024, unless otherwise noted. | (a) In addition to the reporting provisions described in § 230.8 of this chapter, the Makah Indian Tribe will: (1) Ensure a certified Tribal hunt observer accompanies each hunt. The Tribal hunt observer will record in a hunting logbook the time, date, and location (latitude and longitude, accurate to at least the nearest second) of each hunting approach of a gray whale, each attempt to strike a gray whale, and each gray whale struck. For each gray whale struck, the Tribal hunt observer will record whether the whale was landed. If not landed, the Tribal hunt observer will describe the circumstances associated with the striking of the whale and estimate whether the animal suffered a wound that might be fatal. For every gray whale approached by the whaling crew, the Tribal hunt observer must make every reasonable attempt to collect digital photographs useful for photo-identification purposes. (2) Ensure that each vessel involved in a training approach has onboard a training logbook for recording the date, location, and number of gray whales approached and the number of training harpoon throws. Each training approach and training harpoon throw must be reported to the Tribal hunt observer within 24 hours. (3) Maintain hunting and training logbooks specified in paragraphs (a)(1) and (2) of this section and allow persons designated by NMFS to inspect them upon request. (4) Ensure that each whaling captain allows a NMFS hunt observer to accompany and observe any hunt. (5) Maintain an official record of all articles of Makah Indian handicraft, including the following information for each article certified by the Makah Tribal Council or its designee: the date of the certification; the permanent distinctive mark identifying the article as a Makah Indian handicraft; a brief description of the handicraft, including artist's full name, gray whale product(s) used, and approximate size; and at least one digital photograph of the entire handicraft. A copy of the official record of Makah Indian handicrafts must be provided to… | |
| 50:50:10.0.1.3.2.2.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.11 | § 216.11 Prohibited taking. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 47 FR 21254, May 18, 1982; 54 FR 21921, May 19, 1989] | 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. |
| 50:50:10.0.1.3.2.2.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.20 | § 216.20 Special restrictions for Hawaiian spinner dolphins. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | 86 FR 53841, Sept. 28, 2021] | (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 Lāna`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°32′51″ N/156°43′50″ W (Kaho`olawe) and 20°42′4″ N/156°55′34″ W (Lāna`i), the straight line between 20°51′1″ N/156°54′0″ W (Lāna`i) and 20°59′48″ N/156°42′28″ W (Maui), and the straight line between 20°33′55″ N/156°26′43″ W (Maui) and 20°32′15″ N/156°29′51″ 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 Lāna`i, Maui, and Kaho`olawe * [All coordinates referenced to The World Geodetic System of 1984 (WGS 84).] * (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 fr… |
| 50:50:10.0.1.3.2.2.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.12 | § 216.12 Prohibited importation. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994] | (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 §§ 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. |
| 50:50:10.0.1.3.2.2.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.13 | § 216.13 Prohibited uses, possession, transportation, sales, and permits. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 1994; 61 FR 21933, May 10, 1996] | It is unlawful for: (a) Any person to use any port, harbor or other place under the jurisdiction of the United States for any purpose in any way connected with a prohibited taking or an unlawful importation of any marine mammal or marine mammal product; or (b) Any person subject to the jurisdiction of the United States to possess any marine mammal taken in violation of the MMPA or these regulations, or to transport, sell, or offer for sale any such marine mammal or any marine mammal product made from any such mammal. (c) Any person subject to the jurisdiction of the United States to use in a commercial fishery, any means or method of fishing in contravention of regulations and limitations issued by the Secretary of Commerce for that fishery to achieve the purposes of this MMPA. (d) Any person to violate any term, condition, or restriction of any permit issued by the Secretary. |
| 50:50:10.0.1.3.2.2.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.14 | § 216.14 Marine mammals taken before the MMPA. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 1994] | (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. 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, an… |
| 50:50:10.0.1.3.2.2.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.15 | § 216.15 Depleted species. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [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] | 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° North latitude including, but not limited to, Cook Inlet, Kamishak Bay, Chinitna Bay, Tuxedni Bay, Prince William Sound, Yakutat Bay, Shelikof Strait, and off Kodiak Island and freshwater tributaries to these waters. (h) Eastern North Pacific Southern Resident stock of killer whales (Orcinus orca). The stock includes all resident killer whales in pods J, K, and L in the waters of, but not limited to, the inland waterways of southern British Columbia and Washington, including the Georgia Strait, the Strait of Juan de Fuca, and Puget Sound. (i) AT1 stock of killer whales ( Orcinus orca ). The stock includes all killer whales belonging to the AT1 group of transient killer whales occurring primarily in waters of Prince William Sound, Resurrection Bay, and the Kenai Fjords region of Alaska. (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. |
| 50:50:10.0.1.3.2.2.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.16 | § 216.16 Prohibitions under the General Authorization for Level B harassment for scientific research. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [59 FR 50376, Oct. 3, 1994] | It shall be unlawful for any person to: (a) Provide false information in a letter of intent submitted pursuant to § 216.45(b); (b) Violate any term or condition imposed pursuant to § 216.45(d). |
| 50:50:10.0.1.3.2.2.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.17 | § 216.17 General prohibitions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [70 FR 19008, Apr. 12, 2005] | 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. |
| 50:50:10.0.1.3.2.2.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.18 | § 216.18 Approaching humpback whales in Alaska. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [81 FR 62020, Sept. 8, 2016] | (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 fishin… |
| 50:50:10.0.1.3.2.2.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | 216.19 | § 216.19 Special restrictions for humpback whales in waters surrounding the islands of Hawaii. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [81 FR 62017, Sept. 8, 2016, as amended at 88 FR 88265, Dec. 21, 2023] | (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, personnel, and assets, when necessary, in the course of performing official duties; (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 that, because of this restriction, are not able to comply with approach restrictions; or (4) Activities authorized through a permit or authorization issued… |
| 50:50:10.0.1.3.2.3.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.21 | § 216.21 Actions permitted by international treaty, convention, or agreement. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994] | 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. |
| 50:50:10.0.1.3.2.3.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.22 | § 216.22 Taking by State or local government officials. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 56 FR 41307, Aug. 20, 1991] | (a) A State or local government official or employee may take a marine mammal in the normal course of his duties as an official or employee, and no permit shall be required, if such taking: (1) Is accomplished in a humane manner; (2) Is for the protection or welfare of such mammal or for the protection of the public health or welfare; and (3) Includes steps designed to insure return of such mammal, if not killed in the course of such taking, to its natural habitat. In addition, any such official or employee may, incidental to such taking, possess and transport, but not sell or offer for sale, such mammal and use any port, harbor, or other place under the jurisdiction of the United States. All steps reasonably practicable under the circumstances shall be taken by any such employee or official to prevent injury or death to the marine mammal as the result of such taking. Where the marine mammal in question is injured or sick, it shall be permissible to place it in temporary captivity until such time as it is able to be returned to its natural habitat. It shall be permissible to dispose of a carcass of a marine mammal taken in accordance with this subsection whether the animal is dead at the time of taking or dies subsequent thereto. (b) Each taking permitted under this section shall be included in a written report to be submitted to the Secretary every six months beginning December 31, 1973. Unless otherwise permitted by the Secretary, the report shall contain a description of: (1) The animal involved; (2) The circumstances requiring the taking; (3) The method of taking; (4) The name and official position of the State official or employee involved; (5) The disposition of the animal, including in cases where the animal has been retained in captivity, a description of the place and means of confinement and the measures taken for its maintenance and care; and (6) Such other information as the Secretary may require. (c) Salvage of dead stranded marine mammals or parts therefrom and subsequent transfer. (1) … |
| 50:50:10.0.1.3.2.3.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.23 | § 216.23 Native exceptions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [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] | (a) Taking. Notwithstanding the prohibitions of subpart B of this part 216, but subject to the restrictions contained in this section, any Indian, Aleut, or Eskimo who resides on the coast of the North Pacific Ocean or the Arctic Ocean may take any marine mammal without a permit, if such taking is: (1) By Alaskan Natives who reside in Alaska for subsistence, or (2) For purposes of creating and selling authentic native articles of handicraft and clothing, and (3) In each case, not accomplished in a wasteful manner. (b) Restrictions. (1) No marine mammal taken for subsistence may be sold or otherwise transferred to any person other than an Alaskan Native or delivered, carried, transported, or shipped in interstate or foreign commerce, unless: (i) It is being sent by an Alaskan Native directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Alaskan Native; or (ii) It is sold or transferred to a registered agent in Alaska for resale or transfer to an Alaskan Native; or (iii) It is an edible portion and it is sold in an Alaskan Native village or town. (2) No marine mammal taken for purposes of creating and selling authentic native articles of handicraft and clothing may be sold or otherwise transferred to any person other than an Indian, Aleut or Eskimo, or delivered, carried, transported or shipped in interstate or foreign commerce, unless: (i) It is being sent by an Indian, Aleut or Eskimo directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Indian, Aleut or Eskimo; or (ii) It is sold or transferred to a registered agent for resale or transfer to an Indian, Aleut, or Eskimo; or (iii) It has first been transformed into an authentic native article of handicraft or clothing; or (iv) It is an edible portion and sold (A) in an… |
| 50:50:10.0.1.3.2.3.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.24 | § 216.24 Taking and related acts in commercial fishing operations including tuna purse seine vessels in the eastern tropical Pacific Ocean. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [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; 91 FR 41575, July 7, 2026] | (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 § 216.3, and vessel and operator permits have been obtained in accordance with these regulations, and such taking is not in violation of such permits or regulations. (2)(i) It is unlawful for any person using a U.S. purse seine fishing vessel of 400 short tons (st) (362.8 metric tons (mt)) carrying capacity or less to intentionally deploy a net on or to encircle dolphins, or to carry more than two speedboats, if any part of its fishing trip is in the ETP. (ii) It is unlawful for any person using a U.S. purse seine fishing vessel of greater than 400 st (362.8 mt) carrying capacity that does not have a valid permit obtained under these regulations to catch, possess, or land tuna if any part of the vessel's fishing trip is in the ETP. (iii) It is unlawful for any person subject to the jurisdiction of the United States to receive, purchase, or possess tuna caught, possessed, or landed in violation of paragraph (a)(2)(ii) of this section. (iv) It is unlawful for any person subject to the jurisdiction of the United States to intentionally deploy a purse seine net on, or to encircle, dolphins from a vessel operating in the ETP when there is not a DML assigned to that vessel. (v) It is unlawful for any person subject to the jurisdiction of the United States to intentionally deploy a purse seine net on, or to encircle, dolphins from a vessel operating in the ETP with an assigned DML after a set in which the DML assigned to that vessel has been reached or exceeded. (vi) Alleged violations of the Agreement on the IDCP and/or these regulations identified by the International Review Panel will be considered for potential enforcement action by NMFS. (3) Upon written request made in advance of entering the ETP, the limitations in paragraphs (a)(2)(ii) and (e)(1) of this section may be waived by the Administrator, West Coast Reg… |
| 50:50:10.0.1.3.2.3.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.25 | § 216.25 Exempted marine mammals and marine mammal products. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 56 FR 43888, Sept. 5, 1991; 59 FR 50376, Oct. 3, 1994] | (a) The provisions of the MMPA and these regulations shall not apply: (1) To any marine mammal taken before December 21, 1972 1 , or 1 In the context of captive maintenance of marine mammals, the only marine mammals exempted under this section are those that were actually captured or otherwise in captivity before December 21, 1972. (2) To any marine mammal product if the marine mammal portion of such product consists solely of a marine mammal taken before such date. (b) The prohibitions contained in § 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. |
| 50:50:10.0.1.3.2.3.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.26 | § 216.26 Collection of certain marine mammal parts without prior authorization. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 61 FR 21933, May 10, 1996] | Notwithstanding any other provision of this subpart: (a) Any bones, teeth or ivory of any dead marine mammal may be collected from a beach or from land within 1/4 of a mile of the ocean. The term ocean includes bays and estuaries. (b) Notwithstanding the provisions of subpart D, soft parts that are sloughed, excreted, or discharged naturally by a living marine mammal in the wild may be collected or imported for bona fide scientific research and enhancement, provided that collection does not involve the taking of a living marine mammal in the wild. (c) Any marine mammal part collected under paragraph (a) of this section or any marine mammal part collected and imported under paragraph (b) of this section must be registered and identified, and may be transferred or otherwise possessed, in accordance with § 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 § 216.37(d) under subpart D. |
| 50:50:10.0.1.3.2.3.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | 216.27 | § 216.27 Release, non-releasability, and disposition under special exception permits for rehabilitated marine mammals. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21933, May 10, 1996] | (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 tagge… |
| 50:50:10.0.1.3.2.4.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.30 | § 216.30 [Reserved] | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | ||
| 50:50:10.0.1.3.2.4.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.39 | § 216.39 Permit amendments. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21937, May 10, 1996] | (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 § 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 § 216.34, and, as appropriate, § 216.41, § 216.42, and § 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 § 216.33(d) and (e) governing notice of receipt, review and decision shall apply to all proposed major amendments. (2) Mi… |
| 50:50:10.0.1.3.2.4.1.11 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.40 | § 216.40 Penalties and permit sanctions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21938, May 10, 1996] | (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. |
| 50:50:10.0.1.3.2.4.1.12 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.41 | § 216.41 Permits for scientific research and enhancement. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21938, May 10, 1996] | In addition to the requirements under §§ 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 its… |
| 50:50:10.0.1.3.2.4.1.13 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.42 | § 216.42 Photography. [Reserved] | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | ||
| 50:50:10.0.1.3.2.4.1.14 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.43 | § 216.43 Public display. [Reserved] | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | ||
| 50:50:10.0.1.3.2.4.1.15 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.44 | § 216.44 Applicability/transition. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21939, May 10, 1996] | (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 § 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. |
| 50:50:10.0.1.3.2.4.1.16 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.45 | § 216.45 General Authorization for Level B harassment for scientific research. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [59 FR 50376, Oct. 3, 1994, as amended at 89 FR 100402, Dec. 12, 2024] | (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 § 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 § 222.23 through § 222.28, to take marine mammals in the wild for the purpose of scientific research, the taking authorized under the permit involves such Level B harassment of marine mammals or marine mammal stocks, and they comply with the terms and conditions of that permit. (2) Except as provided under paragraph (a)(1)(ii) of this section, no taking, including harassment, of marine mammals listed as threatened or endangered under the ESA is authorized under the General Authorization. Marine mammals listed as endangered or threatened under the ESA may be taken for purposes of scientific research only after issuance of a permit for such activities pursuant to the ESA. (3) The following types of research activities will likely qualify for inclusion under the General Authorization: Photo-identification studies, behavioral observations, and vessel and aerial population surveys (except aerial surveys over pinniped rookeries at altitudes of less than 1,000 ft). (b) Letter of intent. Except as provided under paragraph (a)(1)(ii) of this section, any person intending to take marine mammals in the wild by Level B harassment for purposes of bona fide scientific research under the General Authorization must submit, at least 60 days before commencement of such research, a lett… |
| 50:50:10.0.1.3.2.4.1.17 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.46 | § 216.46 U.S. citizens on foreign flag vessels operating under the International Dolphin Conservation Program. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [65 FR 56, Jan. 3, 2000] | 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. |
| 50:50:10.0.1.3.2.4.1.18 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.47 | § 216.47 Access to marine mammal tissue, analyses, and data. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [69 FR 41979, July 13, 2004] | (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 det… |
| 50:50:10.0.1.3.2.4.1.19 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | §§ 216.48-216.49 [Reserved] | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | |||
| 50:50:10.0.1.3.2.4.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.31 | § 216.31 Definitions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21935, May 10, 1996] | 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. |
| 50:50:10.0.1.3.2.4.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.32 | § 216.32 Scope. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21935, May 10, 1996] | 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. |
| 50:50:10.0.1.3.2.4.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.33 | § 216.33 Permit application submission, review, and decision procedures. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21935, May 10, 1996] | (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 § 216.35 and § 216.36(a). (v) Whether sufficient information is included … |
| 50:50:10.0.1.3.2.4.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.34 | § 216.34 Issuance criteria. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21936, May 10, 1996] | (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 § 216.35 and any purpose-specific restrictions as appropriate set forth at § 216.41, § 216.42, and § 216.43; (3) The proposed activity, if it involves endangered or threatened marine mammals, will be conducted consistent with the purposes and policies set forth in section 2 of the ESA; (4) The proposed activity by itself or in combination with other activities, will not likely have a significant adverse impact on the species or stock; (5) Whether the applicant's expertise, facilities, and resources are adequate to accomplish successfully the objectives and activities stated in the application; (6) If a live animal will be held captive or transported, the applicant's qualifications, facilities, and resources are adequate for the proper care and maintenance of the marine mammal; and (7) Any requested import or export will not likely result in the taking of marine mammals or marine mammal parts beyond those authorized by the permit. (b) The opinions or views of scientists or other persons or organizations knowledgeable of the marine mammals that are the subject of the application or of other matters germane to the application will be considered. |
| 50:50:10.0.1.3.2.4.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.35 | § 216.35 Permit restrictions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21936, May 10, 1996, as amended at 89 FR 100402, Dec. 12, 2024] | 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) Special exception permits expire on the date specified in the permit, unless limited or extended in duration by the Director in accordance with §§ 216.36 and 216.39. (c) Except as provided for in § 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 … |
| 50:50:10.0.1.3.2.4.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.36 | § 216.36 Permit conditions. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21937, May 10, 1996] | (a) Specific conditions. (1) Permits issued under this subpart shall contain specific terms and conditions deemed appropriate by the Office Director, including, but not limited to: (i) The number and species of marine mammals that are authorized to be taken, imported, exported, or otherwise affected; (ii) The manner in which marine mammals may be taken according to type of take; (iii) The location(s) in which the marine mammals may be taken, from which they may be imported, or to which they may be exported, as applicable, and, for endangered or threatened marine mammal species to be imported or exported, the port of entry or export; (iv) The period during which the permit is valid. (2) [Reserved] (b) Other conditions. In addition to the specific conditions imposed pursuant to paragraph (a) of this section, the Office Director shall specify any other permit conditions deemed appropriate. |
| 50:50:10.0.1.3.2.4.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.37 | § 216.37 Marine mammal parts. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21937, May 10, 1996] | 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,… |
| 50:50:10.0.1.3.2.4.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | 216.38 | § 216.38 Reporting. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [61 FR 21937, May 10, 1996] | 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. |
| 50:50:10.0.1.3.2.5.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | E | Subpart E—Designated Ports | 216.50 | § 216.50 Importation at designated ports. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [39 FR 1852, Jan. 15, 1974. Redesignated at 59 FR 50376, Oct. 3, 1994] | (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. 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. 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. |
| 50:50:10.0.1.3.2.6.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | 216.71 | § 216.71 Allowable take of fur seals. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996] | 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. |
| 50:50:10.0.1.3.2.6.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | 216.72 | § 216.72 Restrictions on subsistence use of fur seals. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [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] | (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 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 Pribil… |
| 50:50:10.0.1.3.2.6.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | 216.73 | § 216.73 Disposition of fur seal parts. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996] | 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. |
| 50:50:10.0.1.3.2.6.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | 216.74 | § 216.74 Cooperation between fur seal subsistence users, tribal and Federal officials. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [84 FR 52383, Oct. 2, 2019, as amnded at 85 FR 15948, Mar. 20, 2020] | 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 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 § 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. |
| 50:50:10.0.1.3.2.7.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | 216.81 | § 216.81 Visits to fur seal rookeries. | NOAA | 16 U.S.C. 1361 et seq., unless otherwise noted. | 39 FR 1852, Jan. 15, 1974, unless otherwise noted. | [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] | 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. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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