§ 226.226 Critical habitat for the main Hawaiian Islands insular false killer whale (*Pseudorca crassidens*) Distinct Population Segment. Critical habitat is designated for main Hawaiian Islands insular false killer whale as described in this section. The maps, clarified by the textual descriptions in this section, are the definitive source for determining the critical habitat boundaries. ( a ) *Critical habitat boundaries.* Critical habitat is designated in the waters surrounding the main Hawaiian Islands from the 45-meter (m) depth contour out to the 3,200-m depth contour as depicted in the maps below.
( b ) *Essential features.* The essential feature for the conservation of the main Hawaiian Islands insular false killer whale is the following: *Island-associated marine habitat for main Hawaiian Islands insular false killer whales.* Main Hawaiian Islands insular false killer whales are island-associated whales that rely entirely on the productive submerged habitat of the main Hawaiian Islands to support all of their life-history stages. The following characteristics of this habitat support insular false killer whales' ability to travel, forage, communicate, and move freely around and among the waters surrounding the main Hawaiian Islands: ( 1 ) Adequate space for movement and use within shelf and slope habitat;
( 2 ) Prey species of sufficient quantity, quality, and availability to support individual growth, reproduction, and development, as well as overall population growth;
( 3 ) Waters free of pollutants of a type and amount harmful to main Hawaiian Islands insular false killer whales; and
( 4 ) Sound levels that would not significantly impair false killer whales' use or occupancy.
( c ) *Areas not included in critical habitat.* Critical habitat does not include the following particular areas where they overlap with the areas described in paragraph (a) of this section: ( 1 ) Pursuant to Endangered Species Act (ESA) section 4(b)(2), the following areas have been excluded from the designation: The Bureau of Ocean Energy Management Call Area offshore of the Island of Oahu (which includes two sites, one off Kaena point and one off the south shore), the Navy Pacific Missile Range Facility's Offshore ranges (including the Shallow Water Training Range (SWTR), the Barking Sands Tactical Underwater Range (BARSTUR), and the Barking Sands Underwater Range Extension (BSURE; west of Kauai), the Navy Kingfisher Range (northeast of Niihau), Warning Area 188 (west of Kauai), Kaula Island and Warning Area 187 (surrounding Kaula Island), the Navy Fleet Operational Readiness Accuracy Check Site (FORACS) (west of Oahu), the Navy Shipboard Electronic Systems Evaluation Facility (SESEF) (west of Oahu), Warning Areas 196 and 191 (south of Oahu), Warning Areas 193 and 194 (south of Oahu), the Kaulakahi Channel portion of Warning area 186 (the channel between Niihau and Kauai and extending east), the area north of Molokai (found offshore at the outer edge of the designation), the Alenuihaha Channel, the Hawaii Area Tracking System, and the Kahoolawe Training Minefield.
( 2 ) Pursuant to ESA section 4(a)(3)(B), all areas subject to the Joint Base Pearl Harbor-Hickam Integrated Natural Resource Management Pl69.
( d ) *Maps of main Hawaiian Islands insular false killer whale critical habitat.*
[83 FR 35092, July 24, 2018]