Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Gulf Sturgeon
Signed 05/24/2002
This document is an excerpt of the Gulf Sturgeon
Proposed Critical Habitat Rule. It contains the summary, information on
public hearings, primary constituent elements, and the unit descriptions.
Please refer to the document gulf-sturgeon-proposed-ch-rule.pdf
for the complete proposed critical habitat designation.
AGENCY: Fish and Wildlife
Service, Interior, and National
Oceanic and Atmospheric Administration, Commerce.
ACTION: Proposed rule.
SUMMARY: We, the Fish and Wildlife Service (FWS)
and the National Marine Fisheries Service
(NMFS), collectively “the Services,” propose to designate critical
habitat for the Gulf
sturgeon (Acipenser
oxyrinchus desotoi), a threatened species listed under the Endangered
Species Act of 1973, as amended (Act). We propose 14 geographic areas
among the Gulf of Mexico rivers and tributaries as critical habitat for
the Gulf sturgeon. These 14 geographic areas (units) encompass approximately
2,544 river kilometers (rkm) (1,580 river miles (rmi)) and 6,042 square
kilometers (km2) (2,333 square miles (mi2 )) of estuarine and marine habitat.
Critical habitat identifies
specific areas that are essential to the conservation of a listed species,
and that may require special management considerations or protection.
If this proposal is made final, section 7(a)(2) of the Act requires that
Federal agencies ensure that actions they fund, permit, or carry out are
not likely to result in the destruction or adverse modification of critical
habitat. The regulatory effect of the critical habitat designation does
not extend beyond those activities funded, permitted, or carried out by
Federal agencies. State or private actions, with no Federal involvement,
are not affected. Section 4 of the Act requires us to consider the economic
and other relevant impacts of specifying any particular area as critical
habitat. We hereby solicit data and comments from the public on all aspects
of this proposal, including data on the economic and other impacts of
the designation.
DATES: Comments: We will accept comments until
September 23, 2002.
Public Hearings: We
have scheduled four public hearings for this proposal. We will hold public
informational meetings prior to each public hearing at the hearing location.
The public information sessions will start at 5:00 p.m. and end at 6:30
p.m.. The formal public hearings will start at 7:00 p.m. and end at 9:00
p.m. on the dates indicated:
(1) August 19, 2002, Live Oak, FL.
(2) August 20, 2002, Defuniak Springs, FL.
(3) August 21, 2002, Biloxi, MS.
(4) August 22, 2002, Kenner, LA.
All comments received during the comment period, both written and presented
at public hearings, will receive equal consideration.
ADDRESSES: Comments: If you wish to comment, you
may submit your comments by any one of several methods:
(1) You may submit written comments and information
to the Panama City Field Office, addressed to Patty Kelly, U.S. Fish and
Wildlife Service, 1601 Balboa Avenue, Panama City, FL 32405.
(2) You may hand-deliver written comments to the
Panama City Field Office, at the above address, or fax your comments to
850/763-2177.
(3) You may send comments by electronic mail (e-mail) to gulfsturgeon@fws.gov. For directions on electronic filing of comments, see the “Public Comments Solicited” section.
Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be available
for public inspection, by appointment, during normal business hours at
the above address.
(1) Suwannee River Water Management District, 9225
C.R. 49, Live Oak, FL 32060.
(2) City of Defuniak Springs, 96 Circle Drive,
Chautauqua Building, Museum Room, Defuniak Springs, FL 32433.
(3) J.L. Scott Marine Ed Center, 115 Beach Boulevard,
Biloxi, MS 39530.
(4) Hilton New Orleans Airport, 901 Airline Drive,
Kenner, LA 70062.
FOR FURTHER INFORMATION CONTACT: Patty Kelly, FWS,
at the above address (telephone 850/769-0552, extension 228; facsimile
850/763-2177) with questions concerning units 1 to 7; or Stephania Bolden,
NMFS, at 9721 Executive Center Drive North, St. Petersburg, FL 33702-2449,
(telephone 727/570-5312; facsimile 727/570-5517) with questions concerning
units 8 to 14.
Gulf
Sturgeon (Acipenser oxyrinchus desotoi)
(1) Critical habitat units are depicted for Louisiana,
Mississippi, Alabama, and Florida on the maps below.
(2) The primary constituent elements essential for the conservation of Gulf sturgeon are those habitat components that support feeding, resting, and sheltering, reproduction, migration, and physical features necessary for maintaining the natural processes that support these habitat components. The primary constituent elements include:
(I) Abundant prey items within riverine habitats for larval and juvenile life stages, and within estuarine and marine habitats for juvenile, subadult, and adult life stages;
(ii) Riverine spawning sites with substrates suitable for egg deposition and development, such as limestone outcrops and cut limestone banks, bedrock, large gravel or cobble beds, marl, soapstone or hard clay;
(iii) A flow regime (i.e., the magnitude, frequency, duration, seasonality, and rate-of-change of freshwater discharge over time) necessary for normal behavior, growth, and survival of all life stages in the riverine environment, including migration, breeding site selection, courtship, egg fertilization, resting, and staging; and necessary for maintaining spawning sites in suitable condition for egg attachment, eggs sheltering, resting, and larvae staging;
(iv) Water quality, including temperature, salinity, pH, hardness, turbidity, oxygen content, and other chemical characteristics, necessary for normal behavior, growth, and viability of all life stages;
(v) Sediment quality, including texture and other chemical characteristics, necessary for normal behavior, growth, and viability of all life stages; and
(vi) Safe and unobstructed migratory pathways necessary
for passage within and between riverine, estuarine, and marine habitats.
(3) The textual unit descriptions below are the
definitive source for determining the critical habitat boundaries. General
location maps by unit are provided at the end of each unit description
and are provided for general guidance purposes only, and not as a definitive
source for determining critical habitat boundaries.
(4) Unit 1: Pearl River System in St. Tammany
and Washington Parishes in Louisiana and Walthall, Hancock, Pearl River,
Marion, Lawrence, Simpson, Copiah, Hinds, Rankin, and Pike Counties in
Mississippi.
(I) Unit 1 includes the Pearl River main stem from
the spillway of the Ross Barnett Dam, Hinds and Rankin Counties, Mississippi,
downstream to where the main stem river drainage discharges at its mouth
joining Lake Borgne, Little Lake, or The Rigolets in Hancock County, Mississippi,
and St. Tammany Parish, Louisiana. It includes the main stems of the East
Pearl River, West Pearl River, West Middle River, Holmes Bayou, Wilson
Slough, downstream to where these main stem river drainages discharge
at the mouths of Lake Borgne, Little Lake, or The Rigolets. Unit 1 also
includes the Bogue Chitto River main stem, a tributary of the Pearl River,
from its confluence with Lazy Creek just upstream of its crossing with
Mississippi State Highway 570, Pike County, Mississippi, downstream to
its confluence with the West Pearl River, St. Tammany Parish, Louisiana.
The lateral extent of Unit 1 is the ordinary high water line on each bank
of the associated rivers and shorelines.
(ii) Maps of Unit 1 follow:
Please refer to the document riverine_maps.pdf
for the Unit 1 maps, including Map 1.1 and Map 1.2.
(5) Unit 2: Pascagoula River System in Forrest,
Perry, Greene, George, Jackson, Clarke, Jones, and Wayne Counties, Mississippi.
(I) Unit 2 includes all of the Pascagoula River main stem and its distributaries,
portions of the Bowie, Leaf, and Chickasawhay tributaries, and all of
the Big Black Creek tributary. It includes the Bowie River main stem beginning
at its confluence with Bowie Creek and Okatoma Creek, Forrest County,
Mississippi, downstream to its confluence with the Leaf River, Forrest
County, Mississippi. The Leaf River main stem beginning from Mississippi
State Highway 588, Jones County, Mississippi, downstream to its confluence
with the Chickasawhay River, George County, Mississippi is included. The
main stem of the Chickasawhay River from the mouth of Oaky Creek, Clarke
County, Mississippi, downstream to its confluence with the Leaf River,
George County, Mississippi is included. Unit 2 also includes Big Black
Creek main stem from its confluence with Black and Red Creeks, Jackson
County, Mississippi, to its confluence with the Pascagoula River, Jackson
County, Mississippi. All of the main stem of the Pascagoula River from
its confluence with the Leaf and Chickasawhay Rivers, George County, Mississippi,
to the discharge of the East and West Pascagoula Rivers into Pascagoula
Bay, Jackson County, Mississippi, is included. The lateral extent of Unit
2 is the ordinary high water line on each bank of the associated rivers
and shorelines.
(ii) Maps of Unit 2 follow:
Please refer to the document riverine_maps.pdf
for the Unit 2 maps, including Map 2.1, Map 2.2, Map 2.3, Map 2.4, and
Map 2.5.
(6) Unit 3: Escambia River System in Santa Rosa
and Escambia Counties, Florida and Escambia, Conecuh, and Covington Counties,
Alabama.
(I) Unit 3 includes the Conecuh River main stem
beginning just downstream of the spillway of Point A Dam, Covington County,
Alabama, downstream to the Florida State line, where its name changes
to the Escambia River, Escambia County, Alabama, and Escambia and Santa
Rosa Counties, Florida. It includes the entire main stem of the Escambia
River downstream to its discharge into Escambia Bay and Macky Bay, Escambia
and Santa Rosa Counties, Florida. All of the distributaries of the Escambia
River including White River, Little White River, Simpson River, and Dead
River, Santa Rosa County, Florida are included. The Sepulga River main
stem from Alabama County Road 42, Conecuh and Escambia Counties, Alabama,
downstream to its confluence with the Conecuh River, Escambia County,
Alabama, is also included. The lateral extent of Unit 3 is the ordinary
high water line on each bank of the associated lakes, rivers, and shorelines.
(ii) Maps of Unit 3 follow:
Please refer to the document riverine_maps.pdf
for the Unit 3 maps, including Map 3.1 and Map 3.2.
(7) Unit 4: Yellow River System in Santa Rosa
and Okaloosa Counties, Florida and Covington County, Alabama.
(I) Unit 4 includes the Yellow River main stem
from Alabama State Highway 55, Covington County, Alabama, downstream to
its discharge at Blackwater Bay, Santa Rosa County, Florida. All Yellow
River distributaries (including Weaver River and Skim Lake) discharging
into Blackwater Bay are included. The Shoal River main stem, a Yellow
River tributary, from Florida Highway 85, Okaloosa County, Florida, to
its confluence with the Yellow River, is included. The Blackwater River
from its
confluence with Big Coldwater Creek, Santa Rosa County, Florida, downstream
to its discharge into Blackwater Bay is included. Wright Basin and Cooper
Basin, Santa Rosa County, on the Blackwater River are included. The lateral
extent of Unit 4 is the ordinary high water line on each bank of the associated
lakes, rivers, and shorelines.
(ii) Maps of Unit 4 follow:
Please refer to the document riverine_maps.pdf
for the Unit 4 maps, including Map 4.1, Map 4.2, Map 4.3, and Map
4.4.
(8) Unit 5: Choctawhatchee River System in Holmes,
Washington, and Walton Counties, Florida and Dale, Coffee, Geneva, and
Houston Counties, Alabama.
(I) Unit 5 includes the Choctawhatchee River main
stem from its confluence with the west and east fork of the Choctawhatchee
River, Dale County, Alabama, downstream to its discharge at Choctawhatchee
Bay, Walton County, Florida. The distributaries discharging into Choctawhatchee
Bay known as Mitchell River, Indian River, Cypress River, and Bells Leg
are included. The Boynton Cutoff, Washington County, Florida, which joins
the Choctawhatchee River main stem, and Holmes Creek, Washington County,
Florida, are included. The section of Holmes Creek from Boynton Cutoff
to the mouth of Holmes Creek, Washington County, Florida, is included.
The Pea River main stem, a Choctawhatchee River tributary, from the Elba
Dam, Coffee County, Alabama, to its confluence with the Choctawhatchee
River, Geneva County, Alabama, is included. The lateral extent of Unit
5 is the ordinary high water line on each bank of the associated rivers
and shorelines.
(ii) Maps of Unit 5 follow:
Please refer to the document riverine_maps.pdf
for the Unit 5 maps, including Map 5.1, Map 5.2, and Map 5.3.
(9) Unit 6: Apalachicola River System in Franklin,
Gulf, Liberty, Calhoun, Jackson, and Gadsen Counties, Florida.
(I) Unit 6 includes the Apalachicola River mainstem,
beginning from the Jim Woodruff Lock and Dam, Gadsden and Jackson Counties,
Florida, downstream to its discharge at East Bay or Apalachicola Bay,
Franklin County, Florida. All Apalachicola River distributaries, including
the East River, Little St. Marks River, St. Marks River, Franklin County,
Florida, to their discharge into East Bay and/or Apalachicola Bay are
included. The entire main stem of the Brothers River, Franklin and Gulf
Counties, Florida, a tributary of the Apalachicola River, is included.
The lateral extent of Unit 6 is the ordinary high water line on each bank
of the associated rivers and shorelines.
(ii) Maps of Unit 6 follow:
Please refer to the document riverine_maps.pdf
for the Unit 6 maps, including Map 6.1.
(10) Unit 7: Suwannee River System in Hamilton,
Suwannee, Madison, Lafayette, Gilchrist, Levy, Dixie, and Columbia Counties,
Florida.
(I) Unit 7 includes the Suwannee River main stem,
beginning from its confluence with Long Branch Creek, Hamilton County,
Florida, downstream to the mouth of the Suwannee River. It includes all
the Suwannee River distributaries, including the East Pass, West Pass,
Wadley Pass, and Alligator Pass, Dixie and Levy Counties, Florida, to
their discharge into the Suwannee Sound or the Gulf of Mexico. The Withlacoochee
River main stem from Florida State Road 6, Madison and Hamilton Counties,
Florida, to its confluence with the Suwannee River is included. The lateral
extent of Unit 7 is the ordinary high water line on each bank of the associated
rivers and shorelines.
(ii) Maps of Unit 7 follow:
Please refer to the document riverine_maps.pdf
for the Unit 7 maps, including Map 7.1, Map 7.2, and Map 7.3.
(11) Unit 8: Lake Pontchartrain, Lake St. Catherine, The Rigolets, Little Lake, Lake Borgne, and Mississippi Sound in Jefferson, Orleans, St. Tammany, and St. Bernard Parish, Louisiana , Hancock, Jackson, and Harrison Counties in Mississippi, and in Mobile County, Alabama.
(I) Unit 8 encompasses Lake Pontchartrain east
of the Lake Pontchartrain Causeway, all of Little Lake, The Rigolets,
Lake St. Catherine, Lake Borgne, including Heron Bay, and the Mississippi
Sound. Proposed critical habitat follows the shorelines around the perimeters
of each included lake. The Mississippi Sound includes adjacent open bays
including Pascagoula Bay, Point aux Chenes Bay, Grand Bay, Sandy Bay,
and barrier island passes, including Ship Island Pass, Dog Keys Pass,
Horn Island Pass, and Petit Bois Pass. The northern boundary of the Mississippi
Sound is the shorelines of the mainland between Heron Bay Point, Mississippi
and Point aux Pins, Alabama. Proposed critical habitat excludes St. Louis
Bay, north of the railroad bridge across its mouth; Biloxi Bay, north
of the U.S. Highway 90 bridge; and Back Bay of Biloxi. The southern boundary
follows along the broken shoreline of Lake Borgne created by low swampy
islands from Malheureux Point to Isle au Pitre. From the northeast point
of Isle au Pitre, the boundary continues in a straight north-northeast
line to the point 1 nm (1.9 km) seaward of the western most extremity
of Cat Island (30o13'N, 89o10'W). The southern boundary continues 1 nm
(1.9 km) offshore of the barrier islands and offshore of the 72 COLREGS
lines at barrier island passes (defined at 33 CFR 80.815 (c), (d) and
(e)) to the eastern boundary. Between Cat Island and Ship Island there
is no 72 COLREGS line. We therefore, have defined that section of the
southern boundary as 1 nm (1.9 km) offshore of a straight line drawn from
the southern tip of Cat Island to the western tip of Ship Island. The
eastern boundary is the line of longitude 88/18.8'W from its intersection
with the shore (Point aux Pins) to its intersection with the southern
boundary. The lateral extent of Unit 8 is the MHW line on each shoreline
of the included water bodies or the entrance to rivers, bayous, and creeks.
(ii) Maps of Unit 8 follow:
Please refer to the document marine-estuarine_maps.pdf
for the Unit 8 maps, including Map 8.1, Map 8.2, and Map 8.3.
(12) Unit 9: Pensacola Bay System in Escambia
and Santa Rosa Counties, Florida.
(I) Unit 9 includes Pensacola Bay and its adjacent
main bays and coves. These include Big Lagoon, Escambia Bay, East Bay,
Blackwater Bay, Bayou Grande, Macky Bay, Saultsmar Cove, Bass Hole Cove,
and Catfish Basin. All other bays, bayous, creeks, and rivers are excluded
at their mouths. The western boundary is the Florida State Highway 292
Bridge crossing Big Lagoon to Perdido Key. The southern boundary is the
72 COLREGS line between Perdido Key and Santa Rosa Island (defined at
33 CFR 80.810 (g)). The eastern boundary is the Florida State Highway
399 Bridge at Gulf Breeze, Florida. The lateral extent of Unit 9 is the
MHW line on each included bay’s shoreline.
(ii) A map of Unit 9 follows:
Please refer to the document marine-estuarine_maps.pdf
for the Unit 9 map.
(13) Unit 10: Santa Rosa So und in Escambia,
Santa Rosa, and Okaloosa Count ies, Florida.
(I) Unit 10 includes the Santa Rosa Sound, bounded
on the west by the Florida State Highway 399 bridge in Gulf Breeze, Florida.
The eastern boundary is the U.S. Highway 98 bridge in Fort Walton Beach,
Florida. The northern and southern boundaries of Unit 10 are formed by
the shorelines to the MHW line or by the entrance to rivers, bayous, and
creeks.
(ii) A map of Unit 10 follows:
Please refer to the document marine-estuarine_maps.pdf
for the Unit 10 map.
(14) Unit 11: Florida Nearshore Gulf of Mexico
Unit in Escambia, Santa Rosa, Okaloosa, Walton, Bay, and Gulf Counties
in Florida.
(I) Unit 11 includes a portion of the Gulf of Mexico
as defined by the following boundaries. The western boundary is the line
of longitude 87/20.0'W (approximately 1 nm (1.9 km) west of Pensacola
Pass) from its intersection with the shore to its intersection with the
southern boundary. The northern boundary is the MHW of the mainland shoreline
and the 72 COLREGS lines at passes as defined at 30 CFR 80.810 (a-g).
The southern boundary is 1 nm (1.9 km) offshore of the northern boundary.
The eastern boundary is the line of longitude 85/17.0'W from its intersection
with the shore (near Money Bayou between Cape San Blas and Indian Peninsula)
to its intersection with the southern boundary.
(ii) A map of Unit 11 follows:
Please refer to the document marine-estuarine_maps.pdf
for the Unit 11 map.
(15) Unit 12: Choctawhatchee Bay in Okaloosa
and Walton Counties, Florida.
(I) Unit 12 includes the main body of Choctawhatchee
Bay, Hogtown Bayou, Jolly Bay, Bunker Cove, and Grassy Cove. All other
bayous, creeks, rivers are excluded at their mouths/entrances. The western
boundary is the U.S. Highway 98 bridge at Fort Walton Beach, Florida.
The southern boundary is the 72 COLREGS line across East (Destin) Pass
as defined at 33 CFR 80.810 (f). The lateral extent of Unit 12 is the
MHW line on each shoreline of the included water bodies.
(ii) A map of Unit 12 follows:
Please refer to the document marine-estuarine_maps.pdf for the Unit 12 map.
(16) Unit 13: Apalachicola Bay in Gulf and Franklin
County, Florida.
(I) Unit 13 includes the main body of Apalachicola
Bay and its adjacent sounds, bays, and the nearshore waters of the Gulf
of Mexico. These consist of St. Vincent Sound, including Indian Lagoon;
Apalachicola Bay including Horseshoe Cove and All Tides Cove; East Bay
including Little Bay and Big Bay; and St George Sound, including Rattlesnake
Cove and East Cove. Barrier Island passes (Indian Pass, West Pass, and
East Pass) are also included. Sike’s cut is excluded from the lighted
buoys on the Gulf of Mexico side to the day boards on the bay side. The
southern boundary includes water extending into the Gulf of Mexico 1 nm
(1.9 km) from the MHW line of the barrier islands and from 72 COLREGS
lines between the barrier islands (defined at 33 CFR 80.805 (e-h)). The
western boundary is the line of longitude 85/17.0'W from its intersection
with the shore (near Money Bayou between Cape San Blas and Indian Peninsula)
to its intersection with the southern boundary. The eastern boundary is
formed by a straight line drawn from the shoreline of Lanark Village at
29°53.1'N, 84°35.0'W to a point that is 1 nm (1.9 km) offshore
from the northeastern extremity of Dog Island at 29°49.6'N, 84°33.2'W.
The lateral extent of Unit 13 is the MHW line on each shoreline of the
included water bodies or the entrance of excluded rivers, bayous, and
creeks.
(ii) A map of Unit 13 follows:
Please refer to the document marine-estuarine_maps.pdf
for the Unit 13 map.
(17) Unit 14: Suwannee Sound in Dixie and Levy
Counties, Florida.
(I) Unit 14 includes Suwannee Sound and a portion
of adjacent Gulf of Mexico waters extending 9 nm from shore (16.7 km)
out to the State territorial water boundary. Its northern boundary is
formed by a straight line from the northern tip of Big Pine Island (at
approximately 29°23'N, 83°12'W) to the Federal-State boundary
at 29°17'N, 83°21'W. The southern boundary is formed by a straight
line from the southern tip of Richards Island (at approximately 83°04'W,
29°11'N) to the Federal-State boundary at 83°15'W, 29°04'N.
The lateral extent of Unit 14 is the MHW line along the shorelines and
the mouths of the Suwannee River (East and West Pass), its distributaries,
and other rivers, creeks, or water bodies.
(ii) A map of Unit 14 follows:
Please refer to the document marine-estuarine_maps.pdf
for the Unit 14 map.
(18) The river reaches within Units 1 to 7 proposed
as critical habitat lie within the ordinary high water line. As defined
in 33 CFR 32911, the ordinary high water line on non-tidal rivers is the
line on the shore established by the fluctuations of water and indicated
by physical characteristics such as a clear, natural line impressed on
the bank; shelving; changes in the character of soil; destruction of terrestrial
vegetation; the presence of litter and debris; or other appropriate means
that consider the characteristics of the surrounding areas. The downstream
limit of the riverine units is the mouth of each river. The mouth is defined
as rkm 0 (rm 0). Although the interface of fresh and saltwater, referred
to as the saltwater wedge, occurs within the lower-most reach of a river,
for ease in delineating critical habitat units, we are defining the boundary
between the riverine and estuarine units as rkm 0 (rm 0).
Regulatory jurisdiction in coastal areas extends
to the line on the shore reached by the plane of the mean (average) high
water (MHW) (33 CFR 329.12(a)(2)). All bays and estuaries within Units
8 to 14 therefore, lie below the MHW lines. Where precise determination
of the actual location becomes necessary, it must be established by survey
with reference to the available tidal datum, preferably averaged over
a period of 18.6 years. Less precise methods, such as observation of the
“apparent
shoreline” which is determined by reference to physical markings,
lines of vegetation, may be used only where an estimate is needed of the
line reached by the mean high water. The term 72 COLREGS is defined as
demarcation lines which delineate those waters upon which mariners shall
comply with the International Regulations for Preventing Collisions at
Sea, 1972 and those waters upon which mariners shall comply with the Inland
Navigation Rules (33 CFR 80.01). The waters inside of these lines are
Inland Rules waters and the waters outside the lines are COLREGS waters.
These lines are defined in 33 CFR 80, and have been used for identification
purposes to delineate boundary lines of the estuarine and marine habitat
Units 8, 9, 11, and 12.
(19) Critical habitat does not include existing developed sites such as
dams, piers, marinas, bridges, boat ramps, exposed oil and gas pipelines,
oil rigs, and similar structures or designated public swimming areas.
* * * * *
Part 226–[Amended]
1. The authority citation for part 226 continues
to read as follows:
Authority: 16 U.S.C. 1533
2. Section 226.214 is added to read as follows:
§ 226.214 Critical Habitat for Gulf sturgeon.
Gulf sturgeon is under the joint jurisdiction of
the U.S. Fish and Wildlife Service (FWS) and NMFS. The FWS will maintain
primary responsibility for recovery actions and NMFS will assist in and
continue to fund recovery actions pertaining to estuarine and marine habitats.
In riverine units, the FWS will be responsible for all consultations regarding
Gulf sturgeon and critical habitat. In estuarine units, we will divide
responsibility based on the action agency involved. The FWS will consult
with the Department of Transportation, the Environmental Protection Agency,
the Coast Guard, and the Federal Emergency Management Agency. NMFS will
consult with the DOD, COE, MMS and any other Federal agencies not mentioned
here explicitly. In marine units, NMFS will be responsible for all consultations
regarding Gulf sturgeon and critical habitat. Any Federal projects that
extend into the jurisdiction of both the Services will be consulted on
by the FWS, but with NMFS assistance where needed. Each agency
will conduct its own intra-agency consultations as necessary.
Regulatory jurisdiction in coastal areas extends
to the line on the shore reached by the plane of the mean (average) high
water (MHW) (33 CFR 329.12(a)(2)). All bays and estuaries within Units
8 to 14, therefore, lie below the MHW lines. Where precise determination
of the actual location becomes necessary, it must be established by survey
with reference to the available tidal datum, preferably averaged over
a period of 18.6 years. Less precise methods, such as observation of the
“apparent shoreline” which is determined by reference to physical
markings, lines of vegetation, may be used only where an estimate is needed
of the line reached by the mean high water.
The term 72 COLREGS is defined as demarcation lines
which delineate those waters upon which mariners shall comply with the
International Regulations for Preventing Collisions at Sea, 1972 and those
waters upon which mariners shall comply with the Inland Navigation Rules
(33 CFR 80.01). The waters inside of these lines are Inland Rules waters
and the waters outside the lines are COLREGS waters.
These lines are defined in 33 CFR 80, and have
been used for identification purposes to delineate boundary lines of the
estuarine and marine habitat Units 8, 9, 11, and 12.
Critical habitat does not include existing developed
sites such as dams, piers, marinas, bridges, boat ramps, exposed oil and
gas pipelines, oil rigs, and similar structures or designated public swimming
areas.