Key Message:
NOAA Fisheries is requesting comments on a petition for rulemaking to establish a year-round 10-knot vessel speed limit in the Gulf of Mexico and other vessel-related mitigation measures in an area referred to as core habitat by the petitioners. Rice’s whales are protected under the Marine Mammal Protection Act (MMPA) and are listed as endangered under the Endangered Species Act (ESA).
NOAA Fisheries received the petition pursuant to the Administrative Procedure Act from the Natural Resources Defense Council, Healthy Gulf, Center for Biological Diversity, Defenders of Wildlife, Earthjustice, and New England Aquarium. The petitioners are requesting that we utilize our authorities under the ESA and MMPA to establish a “Vessel Slowdown Zone” to protect Rice’s whales from collisions with vessels and noise pollution.
NOAA Fisheries seeks public comment on the petitioner’s request. NOAA Fisheries is not issuing a proposed rule at this time. NOAA Fisheries will consider all comments and available information when determining whether to accept the petition and proceed with rulemaking.
Comments are due by July 6, 2023
Summary of the Petitioned Action:
The petition proposes a year-round 10-knot vessel speed restriction within waters between 100 meters (m) and 400 m deep from approximately Pensacola, FL, to just south of Tampa, FL (i.e.,
from 87.5° W longitude to 27.5° N latitude) plus an additional 10 kilometers (km) around that area (referred to in the petition as the “Vessel Slowdown Zone”).
The petition proposes the following additional restrictions within this “Vessel Slowdown Zone”: (a) no vessel transits at night;
(b) vessels transiting through the zone must report their plans to NOAA Fisheries, utilize visual observers, and maintain a separation distance of 500 m from Rice’s whales;
(c) use and operate an Automatic Identification System, or notify NOAA Fisheries of transits through the zone; and
(d) report deviations from these requirements to NOAA Fisheries.
The petitioners discuss the vulnerability of the species, identify vessel strikes and vessel noise as risks to the whales, and describe NMFS’ authority under the ESA and MMPA to establish a “Vessel Slowdown Zone” with regulations. The petition describes the features of a “Vessel Slowdown Zone” and asserts that the petitioned vessel-related mitigation measures are necessary for the conservation and recovery of Rice’s whales.
How To Comment On The Petition:
The comment period closes on July 6, 2023. You may submit data, information, or comments on this document by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.
Formal Federal Register Name/Number: 88 FR 20846, published April 7, 2023
Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.
- Go to https://www.regulations.gov/document/NOAA-NMFS-2023-0027-0001
- Click the “Comment” icon, complete the required fields.
- Enter or attach your comments.
Mail: Submit written comments to Assistant Regional Administrator, Protected Resources Division, National Marine Fisheries Service, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701. |