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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 on theme: "Two Proposed Rules for the Conservation of Elkhorn and Staghorn Corals Under the Endangered Species Act Jennifer Lee, Fishery Management Council Liaison."— Presentation transcript:

1 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

2 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

3 May 9, 2006: Elkhorn & Staghorn Corals Listed As Threatened Species Photo credit: NWS 1975198519952004 Photo credit: Phil Dustan

4 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 71102 December 14, 2007

5 HarassHarmPursueHuntShootWoundKillCaptureCollect

6 a violation of ESA §9 Activities that would constitute

7 Photo credit: NOAA/NMS

8 There are some exceptions to the ESA §9 prohibitions

9 for Federal agency actions Exceptions allowed under ESA §7

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

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

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

13 Designating Critical Habitat A Step-wise Approach

14 Geographical Area Occupied by Threatened Corals

15 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

16 Within the Geographic Area Specific Areas

17 Puerto Rico

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

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

20 Photo credit: FKNMS

21 Photo credit: VI Port Authority Photo credit: USGS

22 No Unoccupied Areas Proposed for Designation

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

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

25 Affected Activities Photo credit: NOAA Water Quality Management

26 Consultation Under ESA §7 Impacts of Designation

27 In need of more info? MAIL:National Marine Fisheries Service Southeast Regional Office Protected Resources Division 263 13 th Avenue South St. Petersburg, FL 33704 FAX:(727) 824-5309 PHONE:(727) 824-5312 EMAIL:Jennifer.Lee@noaa,gov Jennifer.Moore@noaa.govSarah.Heberling@noaa.gov ………..Contact Us


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