Rices Whale Gulf of Mexico DPS proposed critical habitat for use in ESA/FIFRA consultations

Document 2023-15187, Category PROPOSED RULES was published on 07-24-2023.The comments due date was extended to 10-06-2023.SUMMARY: We, NMFS, propose to designate critical habitat for the Rice’s whale (Balaenoptera ricei) by designating waters from the 100 meter (m) isobath to the 400 m isobath in the Gulf of Mexico (GOMx), pursuant to section 4 of the Endangered Species Act (ESA). We have considered economic, national security, and other relevant impacts of the proposed designation. We are not excluding any particular area from the critical habitat designation. We seek comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation.DESIGNATION: Critical habitat for the Rice’s whale includes all marine waters from a nearshore boundary corresponding to the 100-meter isobath to an offshore boundary corresponding to the 400-meter isobath in the Gulf of Mexico and between the U.S. Exclusive Economic Zone boundary off of Texas east to the boundary between the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council (50 CFR 600.105(c)) off of Florida.Standardized spatial reference is the World Geodetic System 1984 geographic coordinate system (GCS_WGS_1984, EPSG well-known identifier 4326).Data Sources Used to Create Proposed Rice's Whale Critical Habitat Boundaries: 1. 100m and 400m Bathymetric Contours: NOAA, Office for Coastal Management, 2023: Bathymetric Contours, https://www.fisheries.noaa.gov/inport/item/54364. ArcGIS Map Server: https://coast.noaa.gov/arcgis/rest/services/OceanReports/BathymetricContours/MapServer. Using the map server, only the 100m and 400m depth contours were queried. 2. International Maritime Boundary EEZ (Exclusive Economic Zone). NOAA, Office of Coast Survey. 2023: U.S. Maritime Limits and Boundaries. https://nauticalcharts.noaa.gov/data/us-maritime-limits-and-boundaries.html#faq. ArcGIS Map Server: https://maritimeboundaries.noaa.gov/arcgis/rest/services/MaritimeBoundaries/US_Maritime_Limits_Boundaries/MapServer.3. GMFMC - SAFMC boundary delineation - boundary line between the GMFMC and SAFMC jurisdictions.

Critical habitat for the Rice’s whale includes all marine waters from a nearshore boundary corresponding to the 100-meter isobath to an offshore boundary corresponding to the 400-meter isobath in the Gulf of Mexico and between the U.S. Exclusive Economic Zone boundary off of Texas east to the boundary between the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council (50 CFR 600.105(c)) off of Florida.

Note that this ESA/FIFRA spatial data file contains the same information as NMFS’s “agency-official” species critical habitat data as seen via the critical habitat mapper: https://noaa.maps.arcgis.com/home/item.html?id=f66c1e33f91d480db7d1b1c1336223c3

NMFS OPR added a new "Citation", "File Identifier", “Credits”, and “Point of Contact” to this metadata record that are unique to the ESA/FIFRA consultations.

Waters of the Gulf of Mexico, south of the Continental U.S. and above Mexico.

These spatial data are not the official legal definitions of critical habitat. Proposed rules, final rules, and the Code of Federal Regulations (50 CFR 226) are the official sources of critical habitat.*** No Warranty*** The user assumes the entire risk related to its use of these data. NMFS is providing these data "as is," and NMFS disclaims any and all warranties, whether express or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. No warranty expressed or implied is made regarding the accuracy or utility of the data on any other system or for general or scientific purposes, nor shall the act of distribution constitute any such warranty. It is strongly recommended that careful attention be paid to the contents of the metadata file associated with these data to evaluate dataset limitations, restrictions or intended use. In no event will NMFS be liable to you or to any third party for any direct, indirect, incidental, consequential, special or exemplary damages or lost profit resulting from any use or misuse of this data.

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