50 CFR § 226.230 - Critical habitat for the Caribbean Boulder Star Coral (Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough Cactus Coral (Mycetophyllia ferox).

§ 226.230 Critical habitat for the Caribbean Boulder Star Coral (Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough Cactus Coral (Mycetophyllia ferox).

Critical habitat is designated in the following states and counties for the following species as depicted in the maps below and described in paragraphs (a) through (h) of this section. The maps can be viewed or obtained with greater resolution https://www.fisheries.noaa.gov/action/final-rule-designate-critical-habitat-threatened-caribbean-corals to enable a more precise inspection of critical habitat for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia ferox.

(a) Critical habitat locations. Critical habitat is designated for the following five Caribbean corals in the following states, counties, and offshore locations:

Table 1 to Paragraph (a)

Species State—Counties
Orbicella annularis FL—Palm Beach, Broward, Miami-Dade, and Monroe; PR—All; USVI—All; Flower Garden Banks; Navassa Island.
O. faveolata FL—Martin, Palm Beach, Broward, Miami-Dade, and Monroe; PR—All; USVI—All; Flower Garden Banks; Navassa Island.
O. franksi FL—Palm Beach, Broward, Miami-Dade, and Monroe; PR—All; USVI—All; Flower Garden Banks; Navassa Island.
Dendrogyra cylindrus FL—Palm Beach, Broward, Miami-Dade, and Monroe; PR—All; USVI—All; Navassa Island.
Mycetophyllia ferox FL—Broward, Miami-Dade, and Monroe; PR—All; USVI—All; Navassa Island.

(b) Critical habitat boundaries. Except as noted in paragraphs (d) and (e) of this section, critical habitat for the five Caribbean corals is defined as all marine waters in the particular depth ranges relative to mean low water as depicted in the maps below and described in the Table of the locations of the critical habitat units for Orbicella franksi, O. annularis,O. faveolata, Dendrogyra cylindrus, and Mycetophyllia ferox. Depth contours or other identified boundaries on the maps form the boundaries of the critical habitat units. Specifically, the COLREGS Demarcation Lines (33 CFR 80), the boundary between the South Atlantic Fishery Management Council (SAFMC) and the Gulf of Mexico Fishery Management Council (GMFMC; 50 CFR 600.105), the Florida Keys National Marine Sanctuary (15 CFR part 922 subpart P, appendix I), and the Caribbean Island Management Area (50 CFR part 622, appendix E), create portions of the boundaries in several units.

Table 2 to Paragraph (b)—Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia ferox

Species Critical habitat unit name Location Geographic extent Water depth range
Orbicella annularis OANN–1 Florida
Florida		 Lake Worth Inlet, Palm Beach County to Government Cut, Miami-Dade County
Government Cut, Miami-Dade County to Dry Tortugas		 2–20 m(6.5–65.6 ft).
0.5–20 m (1.6–65.6 ft).
OANN–2 Puerto Rico All islands 0.5–20 m (1.6–65.6 ft).
OANN–3 USVI All islands of St. Thomas and St. John 0.5–20 m (1.6–65.6 ft).
OANN–4 USVI All islands of St. Croix 0.5–20 m (1.6–65.6 ft).
OANN–5 Navassa Navassa Island 0.5–20 m (1.6–65.6 ft).
OANN–6 FGB East and West Flower Garden, Rankin, Geyer, and McGrail Banks 16–90 m (53–295 ft).
Orbicella faveolata OFAV–1 Florida
Florida		 St. Lucie Inlet, Martin County to Government Cut, Miami-Dade County
Government Cut, Miami-Dade County to Dry Tortugas		 2–40 m (6.5–131 ft).
0.5–40 m (1.6–131 ft).
OFAV–2 Puerto Rico All islands of Puerto Rico 0.5–90 m (1.6–295 ft).
OANN–3 USVI All islands of St. Thomas and St. John 0.5–90 m (1.6–295 ft).
OFAV–4 USVI All islands of St. Croix 0.5–90 m (1.6–295 ft).
OFAV–5 Navassa Navassa Island 0.5–90 m (1.6–295 ft).
OFAV–6 FGB East and West Flower Garden, Rankin, Geyer, and McGrail Banks 16–90 m (53–295 ft).
Orbicella franksi OFRA–1 Florida
Florida		 St. Lucie Inlet, Martin County to Government Cut, Miami-Dade County
Government Cut, Miami-Dade County to Dry Tortugas		 2–40 m (6.5–131 ft).
0.5–40 m (1.6–131 ft).
OFRA–2 Puerto Rico All islands of Puerto Rico 0.5–90 m (1.6–295 ft).
OFRA–3 USVI All islands of St. Thomas and St. John 0.5–90 m (1.6–295 ft).
OFRA–4 USVI All islands of St. Croix 0.5–90 m (1.6–295 ft).
OFRA–5 Navassa Navassa Island 0.5–90 m (1.6–295 ft).
OFRA–6 FGB East and West Flower Garden, Rankin, Geyer, and McGrail Banks 16–90 m (53–295 ft).
Dendrogyra cylindrus DCYL–1 Florida
Florida		 Lake Worth Inlet, Palm Beach County to Government Cut, Miami-Dade County
Government Cut, Miami-Dade County to Dry Tortugas		 2–25 m (6.5–82 ft).
1–25 m (3.3–82 ft).
DCYL–2 Puerto Rico All islands 1–25 m (3.3–82 ft).
DCYL–3 USVI All islands of St. Thomas and St. John 1–25 m (3.3–82 ft).
DCYL–4 USVI All islands of St. Croix 1–25 m (3.3–82 ft).
DCYL–5 Navassa Navassa Island 1–25 m (3.3–82 ft).
Mycetophyllia ferox MFER–1 Florida Broward County to Dry Tortugas 5–40 m (16.4–131 ft).
MFER–2 Puerto Rico All islands of Puerto Rico 5–90 m (16.4–295 ft).
MFER–3 USVI All islands of St. Thomas and St. John 5–90 m (16.4–295 ft).
MFER–4 USVI All islands of St. Croix 2–40 m (6.5–131 ft).
MFER–5 Navassa Navassa Island 0.5–40 m (1.6–131 ft).

(c) Essential feature. The feature essential to the conservation of Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia ferox is: Sites that support the normal function of all life stages of the corals, including reproduction, recruitment, and maturation. These sites are natural, consolidated hard substrate or dead coral skeleton, which is free of algae and sediment at the appropriate scale at the point of larval settlement or fragment reattachment, and the associated water column. Several attributes of these sites determine the quality of the area and influence the value of the associated feature to the conservation of the species:

(1) Substrate with the presence of crevices and holes that provide cryptic habitat, the presence of microbial biofilms, or presence of crustose coralline algae;

(2) Reefscape with no more than a thin veneer of sediment and low occupancy by fleshy and turf macroalgae;

(3) Marine water with levels of temperature, aragonite saturation, nutrients, and water clarity that have been observed to support any demographic function; and

(4) Marine water with levels of anthropogenically-introduced (from humans) chemical contaminants that do not preclude or inhibit any demographic function.

(d) Areas not included in critical habitat. Critical habitat does not include the following particular areas where they overlap with the areas described in paragraphs (a) through (c) of this section:

(1) Pursuant to ESA section 4(a)(3)(B)(i), all areas subject to the 2014 Naval Air Station Key West Integrated Natural Resources Management Plan.

(2) Pursuant to ESA section 3(5)(A)(i)(I), areas where the essential feature cannot occur;

(3) Pursuant to ESA section 3(5)(A)(i)(I), all managed areas that may contain natural hard substrate but do not provide the quality of substrate essential for the conservation of threatened corals. Managed areas that do not provide the quality of substrate essential for the conservation of the five Caribbean corals are defined as particular areas whose consistently disturbed nature renders them poor habitat for coral growth and survival over time. These managed areas include specific areas where the substrate has been disturbed by planned management authorized by local, state, or Federal governmental entities at the time of critical habitat designation, and will continue to be periodically disturbed by such management. Examples include, but are not necessarily limited to, dredged navigation channels, shipping basins, vessel berths, and active anchorages. Specific federally-authorized channels and harbors considered as managed areas not included in the designations are:

(i) St. Lucie Inlet.

(ii) Palm Beach Harbor.

(iii) Hillsboro Inlet.

(iv) Port Everglades.

(v) Baker's Haulover Inlet.

(vi) Miami Harbor.

(vii) Key West Harbor.

(viii) Arecibo Harbor.

(ix) San Juan Harbor.

(x) Fajardo Harbor.

(xi) Ponce Harbor.

(xii) Mayaguez Harbor.

(xiii) St. Thomas Harbor.

(xiv) Christiansted Harbor.

(4) Pursuant to ESA section 3(5)(A)(i), artificial substrates including but not limited to: fixed and floating structures, such as aids-to-navigation (AToNs), seawalls, wharves, boat ramps, fishpond walls, pipes, submarine cables, wrecks, mooring balls, docks, and aquaculture cages.

(e) Areas excluded from critical habitat. Pursuant to ESA section 4(b)(2), the following area is excluded from critical habitat where it overlaps with the areas described in paragraphs (a) through (c) of this section: the designated restricted area managed by the South Florida Ocean Measuring Facility, defined in 33 CFR 334.580.

(f) Maps. Critical habitat maps for the Caribbean Boulder Star Coral, Lobed Star Coral, Mountainous Star Coral, Pillar Coral, and Rough Cactus Coral.

Figure 1 Paragraph (f)
Figure 2 Paragraph (f)
Figure 3 Paragraph (f)
Figure 4 Paragraph (f)
Figure 5 Paragraph (f)
Figure 6 Paragraph (f)
Figure 7 Paragraph (f)
Figure 8 Paragraph (f)
Figure 9 Paragraph (f)
Figure 10 Paragraph (f)
Figure 11 Paragraph (f)
Figure 12 Paragraph (f)
Figure 13 Paragraph (f)
Figure 14 Paragraph (f)
Figure 15 Paragraph (f)
Figure 16 Paragraph (f)
Figure 17 Paragraph (f)
Figure 18 Paragraph (f)
Figure 19 Paragraph (f)
Figure 20 Paragraph (f)
Figure 21 Paragraph (f)
Figure 22 Paragraph (f)
Figure 23 Paragraph (f)
Figure 24 Paragraph (f)
Figure 25 Paragraph (f)
Figure 26 Paragraph (f)
Figure 27 Paragraph (f)
Figure 28 Paragraph (f)
[88 FR 54054, Aug. 9, 2023]