Endangered and Threatened Species; Petition To Establish a Vessel Speed Restriction and Other Vessel-Related Measures To Protect Rice's Whales, 20846-20847 [2023-06978]
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Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules
economic impacts cannot be considered
when assessing the status of a species.
Therefore, the economic analysis
requirements of the Regulatory
Flexibility Act are not applicable to the
listing process. In addition, this
proposed rule is exempt from review
under Executive Order 12866. This
proposed rule does not contain a
collection-of-information requirement
for the purposes of the Paperwork
Reduction Act.
Executive Order 13132, Federalism
In accordance with E.O. 13132, we
determined that this proposed rule does
not have significant federalism effects
and that a federalism assessment is not
required. Given that this species occurs
entirely outside of U.S. waters, there
will be no federalism impacts because
listing the species will not affect any
state programs.
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 224
continues to read as follows:
■
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
List of Subjects in 50 CFR Part 224
Endangered and threatened species,
Exports, Imports, Transportation.
2. In § 224.101, in the table in
paragraph (h), add the entry, ‘‘Dolphin,
Atlantic humpback’’, in alphabetical
order by common name under ‘‘Marine
Mammals’’ to read as follows:
■
Dated: April 3, 2023.
Kelly Denit,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NOAA proposes to amend 50
CFR part 224 as follows:
§ 224.101 Enumeration of endangered
marine and anadromous species.
*
*
*
(h) * * *
*
*
Species 1
Common name
*
Marine mammals:
*
Dolphin, Atlantic
humpback.
*
*
*
*
Sousa teuszii ...........
*
*
*
Entire species .........
Critical
habitat
Citation(s) for listing determination(s)
Description of listed
entity
Scientific name
*
*
*
*
*
[Insert FEDERAL REGISTER page NA ................
where the document begins], [date of
publication when published as a final
rule].
*
*
*
*
ESA rules
*
*
NA.
*
1 Species
includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722; February 7,
1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612; November 20, 1991).
[FR Doc. 2023–07286 Filed 4–6–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC760]
50 CFR Part 224
Endangered and Threatened Species;
Petition To Establish a Vessel Speed
Restriction and Other Vessel-Related
Measures To Protect Rice’s Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of petition;
request for comments.
ddrumheller on DSK120RN23PROD with PROPOSALS1
AGENCY:
The Natural Resources
Defense Council, Healthy Gulf, Center
for Biological Diversity, Defenders of
Wildlife, Earthjustice, and New England
Aquarium submitted a petition to the
National Marine Fisheries Service
(NMFS) for rulemaking to establish a
year-round 10-knot (kn) (5.1 meters/
SUMMARY:
VerDate Sep<11>2014
17:18 Apr 06, 2023
Jkt 259001
second) vessel speed limit and other
vessel-related mitigation measures in
the Rice’s whale ‘‘core’’ habitat area.
NMFS is requesting comments on the
petition and will consider all comments
and available information when
determining whether to accept the
petition and proceed with the suggested
rulemaking.
DATES: Submit written comments on or
before July 6, 2023.
ADDRESSES: You may submit data,
information, or comments on this
document, identified by NOAA–NMFS–
2023–0027, and the petition by either of
the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to https://
www.regulations.gov and enter NOAA–
NMFS–2023–0027. Click on the
‘‘Comment’’ icon and complete the
required fields. Enter or attach your
comments.
• Mail: Submit written comments to
Assistant Regional Administrator,
Protected Resources Division, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: NMFS may not consider
comments sent by any other method, to
PO 00000
Frm 00067
Fmt 4702
Sfmt 4702
any other address or individual, or
received after the end of the comment
period. All comments received are a
part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe portable
electronic file (PDF) formats only. The
petition can be obtained electronically
on our website at: https://
www.fisheries.noaa.gov/species/riceswhale#conservation-management.
FOR FURTHER INFORMATION CONTACT:
Laura Engleby, NMFS Southeast Region,
laura.engleby@noaa.gov, 727–824–5312.
SUPPLEMENTARY INFORMATION: On May
11, 2021, NMFS received a petition
pursuant to the Administrative
Procedure Act from the Natural
Resources Defense Council, Healthy
Gulf, Center for Biological Diversity,
E:\FR\FM\07APP1.SGM
07APP1
Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
Defenders of Wildlife, Earthjustice, and
New England Aquarium requesting that
we utilize our authorities under the
Endangered Species Act (ESA) and
Marine Mammal Protection Act
(MMPA) to establish a ‘‘Vessel
Slowdown Zone’’ to protect Rice’s
whales from collisions with vessels and
noise pollution. The petition proposes a
year-round 10-knot vessel speed
restriction within waters between 100
meters (m) and 400 m deep from
approximately Pensacola, FL, to just
south of Tampa, FL (i.e., from 87.5° W
longitude to 27.5° N latitude) plus an
additional 10 kilometers (km) around
that area (referred to in the petition as
the ‘‘Vessel Slowdown Zone’’). The
petition proposes the following
additional restrictions within this
‘‘Vessel Slowdown Zone’’: (a) no vessel
transits at night; (b) vessels transiting
through the zone must report their plans
to NMFS, utilize visual observers, and
maintain a separation distance of 500 m
from Rice’s whales; (c) use and operate
an Automatic Identification System, or
notify NMFS of transits through the
zone; and (d) report deviations from
these requirements to NMFS. The
petitioners discuss the vulnerability of
the species, identify vessel strikes and
VerDate Sep<11>2014
17:18 Apr 06, 2023
Jkt 259001
vessel noise as risks to the whales, and
describe NMFS’ authority under the
ESA and MMPA to establish a ‘‘Vessel
Slowdown Zone’’ with regulations. The
petition describes the features of a
‘‘Vessel Slowdown Zone’’ and asserts
that the petitioned vessel-related
mitigation measures are necessary for
the conservation and recovery of Rice’s
whales.
We are soliciting information from the
public, governmental agencies, tribes,
the scientific community, industry,
environmental entities, and any other
interested parties concerning the
petitioned action. In particular, we
request information and comments on:
(1) the advisability of and need for
regulations to establish a ‘‘Vessel
Slowdown Zone;’’ (2) the geographic
scope of any such regulations; (3)
alternative management options for
regulating vessel interactions with
Rice’s whales, including but not limited
to the options in the petition; (4)
scientific and commercial information
regarding the effects of vessels on Rice’s
whales, or other similar species, and
their habitat; (5) information regarding
potential economic effects of regulating
vessel interactions; and (6) any
additional, relevant information that
PO 00000
Frm 00068
Fmt 4702
Sfmt 9990
20847
NMFS should consider. The petition is
available at: https://www.fisheries.noaa.
gov/species/rices-whale#conservationmanagement.
You may submit your information and
materials electronically or via mail (see
ADDRESSES section). We request that all
information be accompanied by
supporting documentation such as
maps, bibliographic references, or
reprints of pertinent publications. We
also would appreciate the submitter’s
name, address, and any association,
institution, or business that the person
represents; however, anonymous
submissions will also be accepted.
If NMFS decides to initiate
rulemaking, we will notify the
petitioners and publish a notice of our
decision in the Federal Register. If
NMFS decides not to proceed with the
petitioned action, we will notify the
petitioners and provide a brief statement
of the grounds for the decision.
Dated: March 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–06978 Filed 4–6–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\07APP1.SGM
07APP1
]]>Agencies
[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Proposed Rules]
[Pages 20846-20847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06978]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC760]
50 CFR Part 224
Endangered and Threatened Species; Petition To Establish a Vessel
Speed Restriction and Other Vessel-Related Measures To Protect Rice's
Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of petition; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Defense Council, Healthy Gulf, Center
for Biological Diversity, Defenders of Wildlife, Earthjustice, and New
England Aquarium submitted a petition to the National Marine Fisheries
Service (NMFS) for rulemaking to establish a year-round 10-knot (kn)
(5.1 meters/second) vessel speed limit and other vessel-related
mitigation measures in the Rice's whale ``core'' habitat area. NMFS is
requesting comments on the petition and will consider all comments and
available information when determining whether to accept the petition
and proceed with the suggested rulemaking.
DATES: Submit written comments on or before July 6, 2023.
ADDRESSES: You may submit data, information, or comments on this
document, identified by NOAA-NMFS-2023-0027, and the petition by either
of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2023-0027. Click on the ``Comment'' icon and complete
the required fields. Enter or attach your comments.
Mail: Submit written comments to Assistant Regional
Administrator, Protected Resources Division, NMFS, Southeast Regional
Office, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: NMFS may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe portable electronic file (PDF) formats only. The
petition can be obtained electronically on our website at: https://www.fisheries.noaa.gov/species/rices-whale#conservation-management.
FOR FURTHER INFORMATION CONTACT: Laura Engleby, NMFS Southeast Region,
[email protected], 727-824-5312.
SUPPLEMENTARY INFORMATION: On May 11, 2021, NMFS received a petition
pursuant to the Administrative Procedure Act from the Natural Resources
Defense Council, Healthy Gulf, Center for Biological Diversity,
[[Page 20847]]
Defenders of Wildlife, Earthjustice, and New England Aquarium
requesting that we utilize our authorities under the Endangered Species
Act (ESA) and Marine Mammal Protection Act (MMPA) to establish a
``Vessel Slowdown Zone'' to protect Rice's whales from collisions with
vessels and noise pollution. The petition proposes a year-round 10-knot
vessel speed restriction within waters between 100 meters (m) and 400 m
deep from approximately Pensacola, FL, to just south of Tampa, FL
(i.e., from 87.5[deg] W longitude to 27.5[deg] N latitude) plus an
additional 10 kilometers (km) around that area (referred to in the
petition as the ``Vessel Slowdown Zone''). The petition proposes the
following additional restrictions within this ``Vessel Slowdown Zone'':
(a) no vessel transits at night; (b) vessels transiting through the
zone must report their plans to NMFS, utilize visual observers, and
maintain a separation distance of 500 m from Rice's whales; (c) use and
operate an Automatic Identification System, or notify NMFS of transits
through the zone; and (d) report deviations from these requirements to
NMFS. The petitioners discuss the vulnerability of the species,
identify vessel strikes and vessel noise as risks to the whales, and
describe NMFS' authority under the ESA and MMPA to establish a ``Vessel
Slowdown Zone'' with regulations. The petition describes the features
of a ``Vessel Slowdown Zone'' and asserts that the petitioned vessel-
related mitigation measures are necessary for the conservation and
recovery of Rice's whales.
We are soliciting information from the public, governmental
agencies, tribes, the scientific community, industry, environmental
entities, and any other interested parties concerning the petitioned
action. In particular, we request information and comments on: (1) the
advisability of and need for regulations to establish a ``Vessel
Slowdown Zone;'' (2) the geographic scope of any such regulations; (3)
alternative management options for regulating vessel interactions with
Rice's whales, including but not limited to the options in the
petition; (4) scientific and commercial information regarding the
effects of vessels on Rice's whales, or other similar species, and
their habitat; (5) information regarding potential economic effects of
regulating vessel interactions; and (6) any additional, relevant
information that NMFS should consider. The petition is available at:
https://www.fisheries.noaa.gov/species/rices-whale#conservation-management.
You may submit your information and materials electronically or via
mail (see ADDRESSES section). We request that all information be
accompanied by supporting documentation such as maps, bibliographic
references, or reprints of pertinent publications. We also would
appreciate the submitter's name, address, and any association,
institution, or business that the person represents; however, anonymous
submissions will also be accepted.
If NMFS decides to initiate rulemaking, we will notify the
petitioners and publish a notice of our decision in the Federal
Register. If NMFS decides not to proceed with the petitioned action, we
will notify the petitioners and provide a brief statement of the
grounds for the decision.
Dated: March 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-06978 Filed 4-6-23; 8:45 am]
BILLING CODE 3510-22-P
