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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations
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the Navy has adopted certain mitigation measures within the QRS, including the portion of the QRS that overlaps with the OCNMS, to avoid or minimize adverse impacts on marine mammals and other marine resources in this area.
Exclusion of the QRS area will not impact our ability to continue to work closely with the Navy through the section 7 consultation process to minimize and mitigate impacts to the Southern Resident killer whales as a result of the Navys testing and training activities see 85 FR 72312; November 12, 2020, and https
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-navynorthwest-training-and-testing-nwtt2020.
Critical Habitat Identification In the following sections, we describe the relevant definitions and requirements in the ESA and our implementing regulations and the key information and criteria used to prepare this revision to the Southern Resident killer whale critical habitat designation.
In accordance with section 4b2 of the ESA and our implementing regulations 50 CFR 424.12, this designation is based on the best scientific information available.
We followed a five-step process in order to identify the specific areas eligible for critical habitat designation:
1 Determine the geographical area occupied by the species at the time of listing, 2 identify physical or biological habitat features essential to the conservation of the species, 3
delineate specific areas within the geographical area occupied by the species on which are found the physical or biological features, 4 determine whether the features in a specific area may require special management considerations or protection, and 5
determine whether any unoccupied areas are essential for conservation. Our evaluation and determinations are described in detail in the Final and Draft Biological Reports NMFS 2019a, NMFS 2021a and are summarized below.
Beyond the identification and description of the areas, the critical habitat designation process also includes additional steps: Identify whether any area may be precluded from designation because the area is subject to an INRMP that we have determined provides a benefit to the species; and consider the economic, national security, or any other relevant impacts of designating critical habitat and determine whether to exercise our discretion to exclude any particular areas. These steps are described in the
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Final ESA Section 4b2 Report NMFS
2021b and the FEA IEc 2021 and are summarized in later sections of this rule.
Geographical Area Occupied by the Species The term geographical area occupied by the species is defined as an area that may generally be delineated around a species occurrences as determined by the Secretary i.e., range. Such areas may include those areas used throughout all or part of the species life cycle, even if not used on a regular basis e.g., migratory corridors, seasonal habitats, and habitats used periodically, but not solely by vagrant individuals 50 CFR 424.02.
Southern Resident killer whale summer inland habitat use was previously described in the 2006 critical habitat designation 71 FR 69054, November 29, 2006. At that time, few data were available on Southern Resident distribution and habitat use of coastal and offshore areas in the Pacific Ocean. While it was known that the whales occupied these waters for a portion of the year, only 28 sightings of Southern Resident killer whales were available to describe their coastal range Krahn et al. 2004, NMFS 2006. In the 2006 designation, these coastal areas were included in the identified geographical area occupied by the species, but the lack of data precluded the agency from designating specific areas within the coastal range as critical habitat.
Since the 2006 designation, considerable effort has been made to better understand the range and movements of Southern Resident killer whales once they leave inland waters.
Landand vessel-based opportunistic and survey-based visual sightings, satellite tracking, and passive acoustic research conducted since 2006 have provided an updated estimate of the whales coastal range that extends from the Monterey Bay area in California, north to Chatham Strait in Southeast Alaska. In addition, these data have provided a better understanding of the whales use of these waters, allowing us to identify areas that meet the definition of critical habitat under the ESA.
While the range of Southern Resident killer whales includes coastal and inland waters of British Columbia, Canada, we cannot designate critical habitat in areas outside of U.S.
jurisdiction 50 CFR 424.12g. The Government of Canada has designated critical habitat for Northern and Southern Resident killer whales in Canadian waters under its Species at Risk Act. In its 2008 recovery strategy
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and 2011 amended recovery strategy, the Government of Canada identified the Canadian side of Haro and Juan de Fuca Straits, as well as Boundary Pass and adjoining areas in the Strait of Georgia as critical habitat for Southern Resident killer whales Fisheries and Oceans Canada 2011. The Government of Canada recently designated a new critical habitat area for Northern and Southern Resident killer whales in ocean waters on the continental shelf off southwestern Vancouver Island, including Swiftsure and La Perouse Banks Fisheries and Oceans Canada 2018.
Some Alaskan waters are considered to be within the geographic area occupied by Southern Resident killer whales, but we are not expanding critical habitat there at this time because there is insufficient information about the whales distribution, behavior, and habitat use in these areas. For example, there is only one sighting of Southern Resident killer whales in Southeast Alaska, in Chatham Strait in 2007.
While we can infer that some of the essential habitat features, such as prey, are present to support the whales there, we do not have sufficient data to adequately describe Southern Resident use of habitat features in this area or identify specific areas with those features.
Physical and Biological Features Essential to Conservation The ESA does not specifically define physical or biological features.
However, court decisions and joint NMFS and USFWS regulations at 50
CFR 424.02 81 FR 7413; February 11, 2016 provide guidance on how physical or biological features are expressed. Physical and biological features support the life-history needs of the species, including but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic, or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity.
Based on the best available scientific information regarding natural history and habitat needs, the following features were identified in the 2006 critical habitat designation as essential to the conservation of the species within inland waters of Washington: 1 Water
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