Two Proposed Rules for the Conservation of Elkhorn and Staghorn Corals Under the Endangered Species Act Jennifer Lee, Fishery Management Council Liaison.

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Presentation transcript:

Two Proposed Rules for the Conservation of Elkhorn and Staghorn Corals Under the Endangered Species Act Jennifer Lee, Fishery Management Council Liaison for SERO Protected Resources Division, NOAA Fisheries

May 9, 2006 Elkhorn & Staghorn Corals Listed as Threatened Species December 14, 2007 Proposed 4(d) Regulations Published in Federal Register February 6, 2008 Proposed Critical Habitat Designation Published in Federal Register March 13, 2008 Proposed 4(d) Regulations Public Comment Period Closes May 6, 2008 Proposed Critical Habitat Public Comment Period Closes

May 9, 2006: Elkhorn & Staghorn Corals Listed As Threatened Species Photo credit: NWS Photo credit: Phil Dustan

import export take sell deliver carry transport ship receive commercial activity Photo credit: Michael Barnett Proposed 4(d) Rule Extends All §9 Prohibitions to Listed Corals 72 FR December 14, 2007

HarassHarmPursueHuntShootWoundKillCaptureCollect

a violation of ESA §9 Activities that would constitute

Photo credit: NOAA/NMS

There are some exceptions to the ESA §9 prohibitions

for Federal agency actions Exceptions allowed under ESA §7

may by issued under ESA §10 Photo credit: NOAA Permits for direct and incidental take

for scientific research Photo credit: Ken Nedimyer Proposed 4(d) rule includes specific exceptions to the §9 prohibitions & enhancement activities

for certain restoration activities Photo credit: NOAA Proposed 4(d) rule includes specific exceptions to the §9 prohibitions

Designating Critical Habitat A Step-wise Approach

Geographical Area Occupied by Threatened Corals

Physical or Biological Features (PCEs) Substrate of suitable quality and availability, in water depths from 0 to 30 meters (0 to 98 ft), to support larval settlement, recruitment, and reattachment of asexual fragments. Photo credit: NOAA

Within the Geographic Area Specific Areas

Puerto Rico

St. Croix, U.S.V.I.

St. Thomas & St. John, U.S.V.I.

Photo credit: FKNMS

Photo credit: VI Port Authority Photo credit: USGS

No Unoccupied Areas Proposed for Designation

Navassa Island Flower Garden Banks NMS Areas NOT Proposed for Designation NWR

Impacts and Exclusions National Security Photo credit: U.S. Navy Naval Air Station Key West

Affected Activities Photo credit: NOAA Water Quality Management

Consultation Under ESA §7 Impacts of Designation

In need of more info? MAIL:National Marine Fisheries Service Southeast Regional Office Protected Resources Division th Avenue South St. Petersburg, FL FAX:(727) PHONE:(727) ………..Contact Us