Proposed Rules. Notice of receipt of petition; request for comments

Agency: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce
Action: Notice of receipt of petition; request for comments
Citation: FR Doc. 2023-06978 · RTID 0648-XC760 · 50 CFR 224

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.

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, 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 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]