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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations
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was published in the Federal Register on January 14, 2005 70 FR 2664, and went into effect on June 16, 2005. The primary purpose of the Bulletin is to improve the quality and credibility of scientific information disseminated by the Federal Government by requiring peer review of influential scientific information and highly influential scientific information prior to public dissemination. Influential scientific information is defined as information the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions. The Bulletin provides agencies broad discretion in determining the appropriate process and level of peer review. Stricter standards were established for the peer review of highly influential scientific assessments, defined as information whose dissemination could have a potential impact of more than $500
million in any one year on either the public or private sector or that the dissemination is novel, controversial, or precedent-setting, or has significant interagency interest. The Draft Biological Report NMFS 2019a and DEA IEc 2019 supporting the proposed rule are considered influential scientific information and subject to peer review.
These two reports were distributed to five independent reviewers for review before the publication date of the proposed rule, and peer review comments were incorporated prior to their dissemination in support of the proposed rulemaking. The peer reviewer comments were compiled into peer review reports that are available at the following website: https
www.cio.noaa.gov/services_programs/
prplans/ID402.html.
Final reports with updates based on comments were reviewed by NOAA
NMFS Science Center experts.
On April 24, 2019, OMB issued memorandum M1915 to reinforce, clarify, and interpret agency responsibilities under the Information Quality Act. The memorandum directs agencies to update their agency-specific guidelines within 90 days to be consistent with certain parameters.
NOAA has not yet issued revised guidance.
National Environmental Policy Act NEPA
NMFS has determined that an environmental analysis as provided for under NEPA is not required for critical habitat designations made pursuant to the ESA. See Douglas County v. Babbitt, 48 F.3d 1495 9th Cir. 1995, cert.
denied, 116 S.Ct. 698 1996.

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List of Subjects in 50 CFR Part 226
Endangered and threatened species.
Dated: July 22, 2021.
Carrie Robinson, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 226 is amended as follows:
PART 226DESIGNATED CRITICAL
HABITAT
1. The authority citation of part 226
continues to read as follows:

Authority: 16 U.S.C. 1533.

2. Revise 226.206 to read as follows:

226.206 Critical habitat for the Southern Resident killer whale Orcinus orca.

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 a1 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
482425 N/1223835 W.
ii Puget Sound Area. All marine waters in Island County east and south of the Deception Pass Bridge Highway 20 482425 N/1223835 W, and east of a line connecting the Point Wilson Lighthouse 48839 N/
1224512 W and a point on Whidbey Island located at 481230 N/1224426
W; all marine waters in Skagit County east of the Deception Pass Bridge Highway 20 482425 N/1223835
W; all marine waters of Jefferson County east of a line connecting the Point Wilson Lighthouse 48839 N/
1224512 W and a point on Whidbey Island located at latitude 481230 N/
1224426 W, and north of the Hood Canal Bridge Highway 104 475136

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N/1223723 W; all marine waters in eastern Kitsap County east of the Hood Canal Bridge Highway 104 475136
N/1223723 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 connecting Cape Flattery, Washington 482310 N/1244332
W, Tatoosh Island, Washington 482330 N/1244412 W, and Bonilla Point, British Columbia 483530 N/
1244300 W; all marine waters in Jefferson and Island counties west of the Deception Pass Bridge Highway 20
482425 N/1223835 W, and west of a line connecting the Point Wilson Lighthouse 48839 N/1224512 W
and a point on Whidbey Island located at 481230 N/1224426 W.
2 Coastal marine waters along the U.S. West Coast. Critical habitat includes six specific marine areas along the coasts of Washington, Oregon, and California. 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 mean high water in each of the following areas:
i Coastal Washington/Northern Oregon Inshore Area. U.S. marine waters west of a line connecting Cape Flattery, Washington 482310 N/
1244332 W, Tatoosh Island, Washington 4823 N/1244412 W, and Bonilla Point, British Columbia 483530 N/1244300 W, from the U.S. international border with Canada south to Cape Meares, Oregon 452912 N, between the 6.1-m and 50-m isobath contours. This includes waters off Clallam, Jefferson, Grays Harbor, and Pacific counties in Washington and Clatsop and Tillamook counties in Oregon.
ii Coastal Washington/Northern Oregon Offshore Area. U.S. marine waters west of a line connecting Cape Flattery, Washington 482310 N/
1244332 W, Tatoosh Island, Washington 482330 N/1244412
W, and Bonilla Point, British Columbia 483530 N/1244300 W south to Cape Meares, Oregon 452912 N, between the 50-m and 200-m isobath contours. This includes waters off Clallam, Jefferson, Grays Harbor, and Pacific counties in Washington and Clatsop and Tillamook counties in Oregon.
iii Central/Southern Oregon Coast Area. U.S. marine waters from Cape Meares, Oregon 452912 N south to the border between Oregon and California 420000 N, between the 6.1-m and 200-m isobath contours. This
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