50 C.F.R. § 216.191 Designation of Biologically Important Marine Mammal Areas.
Title 50 - Wildlife and Fisheries
(a) Biologically important areas for marine mammals may be nominated under this paragraph by the National Marine Fisheries Service or by the public. (b) In order for the National Marine Fisheries Service to designate offshore areas of biological importance for marine mammals under this rule, proponents must petition NMFS by requesting an area be added to the list of biologically important areas in §216.184(f) and submitting the following information: (1) Geographic region proposed for consideration (including geographic boundaries); (2) A list of marine mammals within the proposed geographic region; (3) Whether the proposal is for year-round designation or seasonal, and if seasonal, months of years for proposed designation; (4) Detailed information on the biology of marine mammals within the area, including estimated population size, distribution, density, status, and the principal biological activity during the proposed period of designation sufficient for NMFS to make a preliminary determination that the area is biologically important for marine mammals; and (5) Detailed information on the area with regard to its importance for either primary feeding, breeding, or migration for those species of marine mammals that have the potential to be affected by low frequency sounds; (c) Areas within 12 nm (22 km) of any coastline, including offshore islands, or within non-operating areas for SURTASS LFA sonar are not eligible for consideration; (d) If a petition is received without sufficient information for the National Marine Fisheries Service to proceed, NMFS will determine whether the nominated area warrants further study. If so, NMFS will begin a scientific review of the area. (e)(1) If through a petition or independently, NMFS makes a preliminary determination that an area is biologically important for marine mammals and is not located within a previously designated area, NMFS will propose to add the area to §216.184(f) and provide a public comment period of at least 45 days from the date of publication in the (2) The National Marine Fisheries Service will publish its final determination in the
Title 50: Wildlife and Fisheries
PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS
Subpart Q—Taking of Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar
§ 216.191 Designation of Biologically Important Marine Mammal Areas.
