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National
United States Regulations
50 CFR PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES


Title 50: Wildlife and Fisheries



PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES



Authority: 16 U.S.C. 1531–1543 and 16 U.S.C. 1361 et seq.

Source: 64 FR 14066, Mar. 23, 1999, unless otherwise noted.

§ 224.101 Enumeration of endangered marine and anadromous species.
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The marine and anadromous species determined by the Secretary of Commerce to be endangered pursuant to section 4(a) of the Act, as well as species listed under the Endangered Species Conservation Act of 1969 by the Secretary of the Interior and currently under the jurisdiction of the Secretary of Commerce, are the following:

(a) Marine and anadromous fish. The following table lists the common and scientific names of endangered species, the locations where they are listed, and the citations for the listings and critical habitat designations.



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Species \1\ Citation(s) for Citation for
-------------------------------------------- Where listed listing critical habitat
Common name Scientific name determination(s) designation
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Shortnose sturgeon... Acipenser Everywhere.............. 32 FR 4001, Mar. 11, NA.
brevirostrum. 1967.
Smalltooth sawfish... Pristis pectinata... U.S.A................... 68 FR 15674, Apr. 1, NA.
2003.
Totoaba.............. Cynoscion macdonaldi Everywhere.............. 44 FR 29480, May 21, NA.
1979.
Atlantic salmon...... Salmon salar........ U.S.A., ME, Gulf of 65 FR 69459, Nov. NA.
Maine population, which 17, 2000.
includes all naturally
reproducing populations
and those river-
specific hatchery
populations cultured
from them.
Snake River sockeye.. Oncorhynchus nerka.. U.S.A., ID, including 56 FR 58619, Nov. 58 FR 68543, Dec.
all anadromous and 20, 1991. 28, 1993.
residual sockeye salmon June 28, 2005.......
from the Snake River
Basin, Idaho, as well
as artificially
propagated sockeye
salmon from the Redfish
Lake captive
propagation program.
Sacramento River Oncorhynchus U.S.A., CA, including 52 FR 6041; Feb. 27, 58 FR 33212, June
winter-run Chinook. tshawytscha. all naturally spawned 1987, 55 FR 49623; 16, 1993.
populations of winter- Nov. 30, 1990. 59
run Chinook salmon in FR 440; Jan. 1,
the Sacramento River 1994.
and its tributaries in June 28, 2005.......
California, as well as
two artificial
propagation programs:
winter-run Chinook from
the Livingston Stone
National Fish Hatchery
(NFH), and winter run
Chinook in a captive
broodstock program
maintained at
Livingston Stone NFH
and the University of
California Bodega
Marine Laboratory.
Upper Columbia spring- Oncorhynchus U.S.A., WA, including 64 FR 14308, Mar. NA.
run Chinook. tshawytscha. all naturally spawned 24, 1999. [vacated 9/29/03;
populations of Chinook June 28, 2005....... 68 FR 55900].
salmon in all river
reaches accessible to
Chinook salmon in
Columbia River
tributaries upstream of
the Rock Island Dam and
downstream of Chief
Joseph Dam in
Washington (excluding
the Okanogan River),
the Columbia River from
a straight line
connecting the west end
of the Clatsop jetty
(south jetty, Oregon
side) and the west end
of the Peacock jetty
(north jetty,
Washington side)
upstream to Chief
Joseph Dam in
Washington, as well as
six artificial
propagation programs:
the Twisp River,
Chewuch River, Methow
Composite, Winthrop
NFH, Chiwawa River, and
White River spring-run
Chinook hatchery
programs.
Central California Oncorhynchus kisutch U.S.A., CA, including 61 FR 56138, Oct. 64 FR 24049,
Coast coho. all naturally spawned 31, 1996. May 5, 1999.
populations of coho June 28, 2005.......
salmon from Punta Gorda
in northern California
south to and including
the San Lorenzo River
in central California,
as well as populations
in tributaries to San
Francisco Bay,
excluding the
Sacramento-San Joaquin
River system, as well
four artificial
propagation programs:
the Don Clausen Fish
Hatchery Captive
Broodstock Program,
Scott Creek/King Fisher
Flats Conservation
Program, Scott Creek
Captive Broodstock
Program, and the Noyo
River Fish Station egg-
take Program coho
hatchery programs.
Southern California Oncorhynchus mykiss. U.S.A., CA, Distinct 62 FR 43937, Aug. 70 FR 52488; Sept.
Steelhead. Population Segment 18, 1997, Jan. 5, 2, 2005.
including all naturally 2006.
spawned anadromous O.
mykiss (steelhead)
populations below
natural and manmade
impassable barriers in
streams from the Santa
Maria River, San Luis
Obispo County,
California, (inclusive)
to the U.S.-Mexico
Border.
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\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
FR 58612, November 20, 1991).


(b) Marine mammals. Blue whale (Balaenoptera musculus); Bowhead whale (Balaena mysticetus); Caribbean monk seal (Monachus tropicalis); Chinese river dolphin (Lipotes vexillifer); Cochito (Phocoena sinus); Fin or finback whale (Balaenoptera physalus); Hawaiian monk seal (Monachus schauinslandi); Humpback whale (Megaptera novaeangliae); Indus River dolphin (Platanista minor); Killer whale (Orcinus orca), Southern Resident distinct population segment, which consists of whales from J, K and L pods, wherever they are found in the wild, and not including Southern Resident killer whales placed in captivity prior to listing or their captive born progeny; Mediterranean monk seal (Monachus monachus); Right whales (Eubalaena spp.); Saimaa seal (Phoca hispida saimensis); Sei whale (Balaenoptera borealis); Sperm whale (Physeter catodon); Western North Pacific (Korean) gray whale (Eschrichtius robustus); Steller sea lion, western population, (Eumetopias jubatus), which consists of Stellar sea lions from breeding colonies located west of 144° W. longitude.

(c) Sea turtles. Green turtle (Chelonia mydas) breeding colony populations in Florida and on the Pacific coast of Mexico; Hawksbill turtle (Eretmochelys imbricata); Kemp's ridley turtle (Lepidochelys kempii); Leatherback turtle (Dermochelys coriacea); Olive ridley turtle (Lepidochelys olivacea) breeding colony population on the Pacific coast of Mexico.

Note to §224.101(c): Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water.

(d) Marine invertebrates. White abalone (Haliotis sorenseni).

[64 FR 14066, Mar. 23, 1999, as amended 64 FR 14328, Mar. 24, 1999; 65 FR 20918, Apr. 19, 2000; 65 FR 69481, Nov. 17, 2000; 66 FR 29055, May 29, 2001; 67 FR 21598, May 1, 2002; 68 FR 15680, Apr. 1, 2003; 70 FR 37203, June 28, 2005; 71 FR 861, Jan. 5, 2006; 70 FR 69912, Nov. 18, 2005]

§ 224.102 Permits for endangered marine and anadromous species.
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No person shall take, import, export, or engage in any activity prohibited by section 9 of the Act involving any marine species that has been determined to be endangered under the Endangered Species Conservation Act of 1969 or the Act, and that is under the jurisdiction of the Secretary, without a valid permit issued pursuant to part 222, subpart C of this chapter.

§ 224.103 Special prohibitions for endangered marine mammals.
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(a) Approaching humpback whales in Hawaii. Except as provided in part 222, subpart C, of this chapter (General Permit Procedures), it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, within 200 nautical miles (370.4 km) of the Islands of Hawaii, any of the following acts with respect to humpback whales (Megaptera novaeangliae):

(1) Operate any aircraft within 1,000 feet (300 m) of any humpback whale;

(2) Approach, by any means, within 100 yard (90 m) of any humpback whale;

(3) Cause a vessel or other object to approach within 100 yd (90 m) of a humpback whale; or

(4) Disrupt the normal behavior or prior activity of a whale by any other act or omission. A disruption of normal behavior may be manifested by, among other actions on the part of the whale, a rapid change in direction or speed; escape tactics such as prolonged diving, underwater course changes, underwater exhalation, or evasive swimming patterns; interruptions of breeding, nursing, or resting activities, attempts by a whale to shield a calf from a vessel or human observer by tail swishing or by other protective movement; or the abandonment of a previously frequented area.

(b) Approaching humpback whales in Alaska—(1) Prohibitions. Except as provided under paragraph (b)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, within 200 nautical miles (370.4 km) of Alaska, or within inland waters of the state, any of the acts in paragraphs (b)(1)(i) through (b)(1)(iii) of this section with respect to humpback whales (Megaptera novaeangliae):

(i) Approach, by any means, including by interception (i.e., placing a vessel in the path of an oncoming humpback whale so that the whale surfaces within 100 yards (91.4 m) of the vessel), within 100 yards (91.4 m) of any humpback whale;

(ii) Cause a vessel or other object to approach within 100 yards (91.4 m) of a humpback whale; or

(iii) Disrupt the normal behavior or prior activity of a whale by any other act or omission, as described in paragraph (a)(4) of this section.

(2) Exceptions. The following exceptions apply to this paragraph (b), but any person who claims the applicability of an exception has the burden of proving that the exception applies:

(i) Paragraph (b)(1) of this section does not apply if an approach is authorized by the National Marine Fisheries Service through a permit issued under part 222, subpart C, of this chapter (General Permit Procedures) or through a similar authorization.

(ii) Paragraph (b)(1) of this section does not apply to the extent that a vessel is restricted in her ability to maneuver and, because of the restriction, cannot comply with paragraph (b)(1) of this section.

(iii) Paragraph (b)(1) of this section does not apply to commercial fishing vessels lawfully engaged in actively setting, retrieving or closely tending commercial fishing gear. For purposes of this paragraph (b), commercial fishing means taking or harvesting fish or fishery resources to sell, barter, or trade. Commercial fishing does not include commercial passenger fishing operations (i.e. charter operations or sport fishing activities).

(iv) Paragraph (b)(1) of this section does not apply to state, local, or Federal government vessels operating in the course of official duty.

(v) Paragraph (b)(1) of this section does not affect the rights of Alaska Natives under 16 U.S.C. 1539(e).

(vi) These regulations shall not take precedence over any more restrictive conflicting Federal regulation pertaining to humpback whales, including the regulations at 36 CFR 13.65 that pertain specifically to the waters of Glacier Bay National Park and Preserve.

(3) General measures. Notwithstanding the prohibitions and exceptions in paragraphs (b)(1) and (2) of this section, to avoid collisions with humpback whales, vessels must operate at a slow, safe speed when near a humpback whale. “Safe speed” has the same meaning as the term is defined in 33 U.S.C. 2006 and the International Regulations for Preventing Collisions at Sea 1972 (see 33 U.S.C. 1602), with respect to avoiding collisions with humpback whales.

(c) Approaching right whales—(1) Prohibitions. Except as provided under paragraph (c)(3) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to commit, to solicit another to commit, or cause to be committed any of the following acts:

(i) Approach (including by interception) within 500 yards (460 m) of a right whale by vessel, aircraft, or any other means;

(ii) Fail to undertake required right whale avoidance measures specified under paragraph (c)(2) of this section.

(2) Right whale avoidance measures. Except as provided under paragraph (c)(3) of this section, the following avoidance measures must be taken if within 500 yards (460 m) of a right whale:

(i) If underway, a vessel must steer a course away from the right whale and immediately leave the area at a slow safe speed.

(ii) An aircraft must take a course away from the right whale and immediately leave the area at a constant airspeed.

(3) Exceptions. The following exceptions apply to this section, but any person who claims the applicability of an exception has the burden of proving that the exception applies:

(i) Paragraphs (c)(1) and (c)(2) of this section do not apply if a right whale approach is authorized by the National Marine Fisheries Service through a permit issued under part 222, subpart C, of this chapter (General Permit Procedures) or through a similar authorization.

(ii) Paragraphs (c)(1) and (c)(2) of this section do not apply where compliance would create an imminent and serious threat to a person, vessel, or aircraft.

(iii) Paragraphs (c)(1) and (c)(2) of this section do not apply when approaching to investigate a right whale entanglement or injury, or to assist in the disentanglement or rescue of a right whale, provided that permission is received from the National Marine Fisheries Service or designee prior to the approach.

(iv) Paragraphs (c)(1) and (c)(2) of this section do not apply to an aircraft unless the aircraft is conducting whale watch activities.

(v) Paragraph (c)(2) of this section does not apply to the extent that a vessel is restricted in her ability to maneuver and, because of the restriction, cannot comply with paragraph (c)(2) of this section.

(d) Special prohibitions relating to endangered Steller sea lion protection. The regulatory provisions set forth in part 223 of this chapter, which govern threatened Steller sea lions, shall also apply to the western population of Steller sea lions, which consists of all Steller sea lions from breeding colonies located west of 144° W. long.

[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 29509, May 31, 2001; 69 FR 69537, Nov. 30, 2004; 70 FR 1832, Jan. 11, 2005]

§ 224.104 Special requirements for fishing activities to protect endangered sea turtles.
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(a) Shrimp fishermen in the southeastern United States and the Gulf of Mexico who comply with rules for threatened sea turtles specified in §223.206 of this chapter will not be subject to civil penalties under the Act for incidental captures of endangered sea turtles by shrimp trawl gear.

(b) Summer flounder fishermen in the Summer flounder fishery-sea turtle protection area who comply with rules for threatened sea turtles specified in §223.206 of this chapter will not be subject to civil penalties under the Act for incidental captures of endangered sea turtles by summer flounder gear.

(c) Special prohibitions relating to sea turtles are provided at §223.206 (d)(2)(iv).

[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 44552, Aug. 24, 2001; 66 FR 67496, Dec. 31, 2001; 68 FR 8471, Feb. 21, 2003; 69 FR 18453, Apr. 7, 2004]