§ 226.227 Critical habitat for the Central America, Mexico, and Western North Pacific distinct population segments (DPSs) of humpback whales (*Megaptera novaeangliae*). Critical habitat is designated for the Central America, Mexico, and Western North Pacific humpback whale DPSs as described in this section. The maps in paragraph (h) of this section, and as clarified by the textual descriptions in this section, are the definitive sources for determining the critical habitat boundaries. ( a ) *List of states and counties.* Critical habitat is designated in waters off the coasts of the following states and counties for the listed humpback whale DPSs: DPS
State-counties (1) Central America
(i) WA—Clallam, Jefferson, Grays Harbor, Pacific.(ii) OR—Clatsop, Tillamook, Lincoln, Lane, Douglas, Coos, and Curry. (iii) CA—Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura. (2) Mexico
(i) AK—Lake and Peninsula, Aleutians East, Aleutian West, Kodiak Island, Kenai Peninsula, and Valdez-Cordova.(ii) WA—Clallam, Jefferson, Grays Harbor, Pacific. (iii) OR—Clatsop, Tillamook, Lincoln, Lane, Douglas, Coos, and Curry. (iv) CA—Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura. (3) Western North Pacific
AK—Lake and Peninsula, Aleutians East, Aleutian West, Kodiak Island, Kenai Peninsula.
( b ) *Critical habitat boundaries for the Central America DPS.* Critical habitat for the Central America DPS includes all marine waters within the designated areas as shown by the maps in paragraph (h) of this section and those prepared and made available by the National Marine Fisheries Service (NMFS) pursuant to 50 CFR 424.18. ( 1 ) *Washington.* The nearshore boundary is defined by the 50-meter (m) isobath, and the offshore boundary is defined by the 1,200-m isobath relative to mean lower low water (MLLW). Critical habitat also includes waters within the U.S. portion of the Strait of Juan de Fuca to an eastern boundary line at Angeles Point at 123° 33′ W.
( 2 ) *Oregon.* The nearshore boundary is defined by the 50-m isobath. The offshore boundary is defined by the 1,200-m isobath relative to MLLW; except, in areas off Oregon south of 42° 10′, the offshore boundary is defined by the 2,000-m isobath.
( 3 ) *California.* The nearshore boundary is defined by the 50-m isobath relative to MLLW except, from 38° 40′ N to 36° 00′ N, the nearshore boundary is defined by the 15-m isobath relative to MLLW; and from 36° 00′ N to 34° 30′ N, the nearshore boundary is defined by the 30-m isobath relative to MLLW. North of 40° 20′ N, the offshore boundary of the critical habitat is defined by a line corresponding to the 2,000-m isobath, and from 40° 20′ N to 38° 40′ N, the offshore boundary is defined by the 3,000-m isobath. From 38° 40′ N southward, the remaining areas have an offshore boundary defined by a line corresponding to the 3,700-m isobath.
( c ) *Critical habitat boundaries for Mexico DPS.* Critical habitat for the Mexico DPS of humpback whales includes all marine waters within the designated areas as shown by the maps in paragraph (h) of this section and those prepared and made available by NMFS pursuant to 50 CFR 424.18. ( 1 ) *Alaska.* The nearshore boundaries are generally defined by the 1-m isobath relative to MLLW. On the north side of the Aleutian Islands, the seaward boundary of the critical habitat is defined by a line extending from 55° 41 N, 162° 41′ W west to 55° 41′ N, 169° 30′ W, then southward through Samalga Pass to a boundary drawn along the 2,000-m isobath on the south side of the islands. This isobath forms the southern boundary of the critical habitat, eastward to 164° 25′ W. From this point, the 1,000-m isobath forms the offshore boundary, which extends eastward to 158° 39′ W. Critical habitat also includes the waters around Kodiak Island and the Barren Islands. The western boundary for this area runs southward along 154° 54′ W to the 1,000-m depth contour, and then extends eastward to a boundary at 150° 40′ W. The area also extends northward to the mouth of Cook Inlet where it is bounded by a line that extends from Cape Douglas across the inlet to Cape Adam. Critical habitat also includes the Prince William Sound area and associated waters defined by an eastern boundary at 148° 31′ W, a western boundary at 145° 27′ W, and a seaward boundary drawn along the 1,000-m isobath.
( 2 ) *Washington.* The nearshore boundary is defined by the 50-m isobath, and the offshore boundary is defined by the 1,200-m isobath relative to MLLW. Critical habitat also includes waters within the U.S. portion of the Strait of Juan de Fuca to an eastern boundary line at Angeles Point at 123° 33′ W.
( 3 ) *Oregon.* The nearshore boundary is defined by the 50-m isobath. The offshore boundary is defined by the 1,200-m isobath relative to MLLW; except, in areas off Oregon south of 42° 10′, the offshore boundary is defined by the 2,000-m isobath.
( 4 ) *California.* The nearshore boundary is defined by the 50-m isobath relative to MLLW except, from 38° 40′ N to 36° 00′ N, the nearshore boundary is defined by the 15-m isobath relative to MLLW; and from 36° 00′ N to 34° 30′ N, the nearshore boundary is defined by the 30-m isobath relative to MLLW. North of 40° 20′ N, the offshore boundary of the critical habitat is defined by a line corresponding to the 2,000-m isobath, and from 40° 20′ N to 38° 40′ N, the offshore boundary is defined by the 3,000-m isobath. From 38° 40′ N southward, the remaining areas have an offshore boundary defined by a line corresponding to the 3,700-m isobath.
( d ) *Critical habitat boundaries for Western North Pacific DPS.* Critical habitat for the Western North Pacific DPS of humpback whales includes all marine waters within the designated areas as shown by the maps in paragraph (h) of this section and those prepared and made available by NMFS pursuant to 50 CFR 424.18. ( 1 ) *Alaska.* The nearshore boundaries are generally defined by the 1-m isobath relative to MLLW. On the north side of the Aleutian Islands, the seaward boundary of the critical habitat is defined by a line extending due west from 55° 41′ N, 162° 41′ W to 55° 41′ N, 169° 30′ W, then southward through Samalga Pass to a boundary drawn along the 2,000-m isobath on the south side of the islands. This isobath forms the southern boundary of the critical habitat, eastward to 164° 25′ W. From this point, the 1,000-m isobath forms the offshore boundary, which extends eastward to 158° 39′ W. Critical habitat also includes the waters around Kodiak Island and the Barren Islands. The western boundary for this area runs southward along 154° 54′ W to the 1,000-m depth contour, and then extends eastward to a boundary at 150° 40′ W. The area also extends northward to the mouth of Cook Inlet where it is bounded by a line that extends from Cape Douglas across the inlet to Cape Adam.
( 2 ) [Reserved]
( e ) *Manmade structures.* Critical habitat does not include manmade structures (*e.g.,* ferry docks, sea plane facilities) and the land on which they rest within the critical habitat boundaries as described in paragraphs (b), (c), and (d) of this section and that were in existence as of May 21, 2021.
( f ) *Essential features.* The following features were identified as essential to the conservation of the particular DPS. ( 1 ) *Central America DPS.* Prey species, primarily euphausiids (*Thysanoessa, Euphausia, Nyctiphanes,* and *Nematoscelis*) and small pelagic schooling fishes, such as Pacific sardine (*Sardinops sagax*), northern anchovy (*Engraulis mordax*), and Pacific herring (*Clupea pallasii*), of sufficient quality, abundance, and accessibility within humpback whale feeding areas to support feeding and population growth.
( 2 ) *Mexico DPS.* Prey species, primarily euphausiids (*Thysanoessa, Euphausia, Nyctiphanes,* and *Nematoscelis*) and small pelagic schooling fishes, such as Pacific sardine (*Sardinops sagax*), northern anchovy (*Engraulis mordax*), Pacific herring (*Clupea pallasii*), capelin (*Mallotus villosus*), juvenile walleye pollock (*Gadus chalcogrammus*), and Pacific sand lance (*Ammodytes personatus*) of sufficient quality, abundance, and accessibility within humpback whale feeding areas to support feeding and population growth.
( 3 ) *Western North Pacific DPS.* Prey species, primarily euphausiids (*Thysanoessa and Euphuasia*) and small pelagic schooling fishes, such as Pacific herring (*Clupea pallasii*), capelin (*Mallotus villosus*), juvenile walleye pollock (*Gadus chalcogrammus),* and Pacific sand lance (*Ammodytes personatus*) of sufficient quality, abundance, and accessibility within humpback whale feeding areas to support feeding and population growth.
( g ) *Sites owned or controlled by the Department of Defense.* Critical habitat does not include the following particular areas owned or controlled by the Department of Defense, or designated for its use, where they overlap with the areas described in paragraph (b) of this section: ( 1 ) Pursuant to the Endangered Species Act (ESA) section 4(a)(3)(B), all areas subject to the Naval Base Ventura County, Point Mugu, CA, and the Naval Outlying Field, San Nicolas Island, CA, approved Integrated Natural Resource Management Plans (INRMPs); and
( 2 ) Pursuant to ESA section 4(b)(2), the Quinault Range Site (QRS) with an additional 10-km buffer that extends along the southern edge of the QRS and along the northern edge of the QRS except in areas past 10-km into the Olympic Coast National Marine Sanctuary.
( h ) *Maps of humpback whale critical habitat.* ( 1 ) Spatial data for these critical habitats and mapping tools are maintained on our website and are available for public use (*www.fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat*).
( 2 ) Overview map of critical habitat for the Central America DPS of humpback whales:
( 3 ) Overview map of critical habitat for the Mexico DPS of humpback whales:
( 4 ) Overview map of critical habitat for the Western North Pacific DPS of humpback whales:
[86 FR 21153, Apr. 21, 2021]