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.