Fort Walton Beach Resolution — 2023-19 Designation of Critical Habitat for Rice's Whales--Recorded — reading text

RESOLUTION 2023- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING THE OKALOOSA COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS IN OPPOSING THE PROPOSED RULE CONCERNING DESIGNATION OF CRITICAL HABITAT FOR RICE' S WHALES (NOAA-NMFS-2023- 0028); SUPPORTING RECREATIONAL FISHING AND THE LOCAL ECONOMY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Walton Beach, Florida (" City") respectfully supports Okaloosa County in its request that the National Marine Fisheries Service NMFS"), National Oceanic and Atmospheric Administration (" NOAA") and the U. S. Department of Commerce (" Commerce") reconsider their proposed rule concerning Designation of Critical Habitat for Rice' s whale (NOAA-NMFS- 2023- 0028); and WHEREAS, the City agrees that protection of endangered and threatened species is necessary, but it must be supported with not only the best available science but also adequate data and science to prevent unnecessary impacts to the adjacent communities and users of the resource; and WHEREAS, for the reasons further established below, the City hereby objects to NMFS, NOAA and Commerce' s rule proposing the designation of 100 meter isobath to 400 meter isobath in the Gulf of Mexico as critical habitat for the Rice' s whale; and WHEREAS, the City agrees with Okaloosa County that adequate data and science does not exist to establish the proposed critical habitat let alone the expanded geographic area in the proposed rule; and WHEREAS, while the proposed designation of critical habitat for the Rice's whale does not carry with it any restrictions currently, the City Council is concerned that this is just a steppingstone to highly restrictive and economically devastating regulations; and WHEREAS, recreational fishing and tourism brings much support to the local economy in the City of Fort Walton Beach and Okaloosa County; and WHEREAS, as of 2022, the County' s tourism industry, which is heavily dependent on water activities, brings in over $755 million to the local economy. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. The City supports the efforts of Okaloosa County in its request that the National Marine Fisheries Service (" NMFS"), National Oceanic and Atmospheric Administration (" NOAA") and the U.S. Department of Commerce (" Commerce") reconsider their proposed rule concerning Designation of Critical Habitat for Rice' s whale (NOAA-NMFS- 2023- 0028). Section 2. The City requests that NMFS, NOAA and Commerce reconsider and withdraw the proposed rule until further data, information and appropriate analysis is performed. File # 3651655 Total Pages: 6 10/ 11/ 2023 02: 53: 38 PM Fees: $ 52. 50 Comptroller JD Peacock II, Clerk of Circuit Court & Okaloosa County, FL  RESOLUTION 2023- 19 Alternatively, the City requests an extension of the comment period for the proposed rule concerning Designation of Critical Habitat for Rice' s whale ( NOAA-NMFS-2023- 0028- 0001) as further explained in the correspondence submitted by Okaloosa County, dated October 3, 2023, attached hereto as Attachment " A", which correspondence is fully supported by the City of Fort Walton Beach. Section 4. The Mayor, City Staff, and City Attorney are hereby authorized to support the efforts of Okaloosa County to oppose the proposed rule concerning Designation of Critical Habitat for Rice' s whale ( NOAA-NMFS- 2023- 0028). Section 5. The Clerk is hereby instructed to record a coy of the Resolution in the appropriate record book upon adoption and to furnish a certified copy of the Resolution to the offices of. National Marine Fisheries Service David Bernhart Assistant Regional Administrator, Protected Resources Division Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 and Okaloosa County Commission c/ o Trey Goodwin, Chair of the County Commission 1250 N Eglin Parkway Shalimar, FL 32579 Section 6. This Resolution shall become effective upon adoption by City Council and signature of the Mayor. Adopted: QA26,pr Richard A. Rynearson, yor Attest: Approved as to legal form and sufficiency for the Ci of Fort Wa ltoonBeach, only. Romano Kopp, City Attorney  u Board of County Commissioners cour' t October 3, 2023 Na Electronic Submission and U.S. Mail. National Marine Fisheries Service David Bernhart Assistant Regional Administrator, Protected Resources Division Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 RE: Comments in Response to Endangered and Threatened Species: Designation of Critical Habitat for the Rice' s whale-,NOAA-NMFS- 2023- 0028 Dear Mr. Bernhart: Okaloosa County, Florida (" County") through its Board of County Commissioners respectfully requests that the National Marine Fisheries Service (" NMFS"), National Oceanic and Atmospheric Administration (" NOAA") and the U.S. Department of Commerce (" Commerce") reconsider their proposed rile concerning Designation of Critical Habitat for Rice' s whale NOAA-NMFS- 2023- 0028). The County is a political subdivision of the state of Florida located in the northwestern portion of Florida' s panhandle. The County boasts miles of shoreline and off its' stunning white sand shores lies a portion of the DeSoto Canyon. With a population of 211, 668, Okaloosa County is proudly home to a portion of the largest military installation in the continental United States, Eglin Air Force Base. In addition to the military, the largest U.S. commercial fishing fleet is located within Destin harbor and brings much support to the local economy. As of 2022, the County' s tourism industry, which is heavily dependent on water activities, brings in over $755 million to the local economy. Okaloosa County is not only proud of its military, fishing, and tourism industries, which make up a large part of the local economy, but it values the natural features of the area and is a steward of the environmental and habitat resources within its jurisdiction. Understanding the importance of protecting its environmental resources the County has implemented programs, such as the artificial reef program, lionfish invasive species removal, protection areas for sea turtles and identification of nesting sites and the County now employs full-time biologists on staff that assist in scientific research and monitoring of marine life in and around Okaloosa County. 1250 X. I..glin Kw . &rile- I()()- Slmlimnc FI, 32'5') 9 - (R50) 0I- 7 105 - Fav 651- " IJ NOAA-NWS-2023- 0028 Rice' s Whale NMFS Objection Letter, October 3, 2023 Page 2 of 4 The County agrees that protection of endangered and threatened species is necessary, but it must be supported with not only the best available science but also adequate data and science to prevent unnecessary impacts to the adjacent communities and users of the resource. Forthe reasons further established below, the County through its governing body, the Okaloosa County Board of County Commissioners, hereby objects to NMFS, NOAA and Commerce' s rule proposing the designation of 100 meter isobath to 400 meter isobath in the Gulf of Mexico as critical habitat for the Rice' s whale. The proposed designation is based on scientific data analyses and economic impact analyses that contain significant shortcomings which must be addressed before the final rule is established. We believe the designation of any critical habitat must be based on the proper application of regulations established by the Endangered Species Act (" ESA"). Most importantly, NMFS, NOAA and Commerce must base its recommendation for each critical habitat on the best available science ( including a thorough analysis of the best available historical data) and on an accurate assessment of the critical habitat' s importance to the survival of the species. It must also give proper consideration to economic and social impacts due to any critical habitat designation. The proposed rule has serious flaws due to limited availability of data and inadequate interpretation of the data that is available. This is evidenced by the agencies' admission in the proposed rule analysis that there is "[ l] imited information" available on the life history of Rice' s whales. Adequate data and science does not exist to establish the proposed critical habitat let alone the expanded geographic area in the proposed rule. Rosel et al. 20211 was cited heavily and relied upon to provide the documentation to justify the designation of the Rice' s whale critical habitat. The problem is that the proposed rule frequently mentions that there is " limited information" available on the life history of Rice' s whales which includes their distribution and habitat use. Additionally, the Rosel et al. 2021 study discusses the relatively few Rice' s whale sightings and states that due to the uncertainty associated with their location, occupancy and movement, a 30km buffer is placed around those sightings. It' s important to note Reeves et al. 2011 states that many of those sightings may be confused or misidentified as Fin Whales which further documents the uncertainty associated with Rice' s whale habitat use and thus critical habitat. The 30km ( uncertainty) buffer coupled with the predictive modeling ( Garrison, in review) used to determine areas Rice' s whales may occupy is more of a guess rather than effective science. The proposal goes on to state that further research is necessary to understand how many animals are using the proposed critical habitat. According to the ESA, critical habitat designation is based on the best scientific data available, but ifthat data is so limited that it requires substantial modeling to support, as well as the inclusion of large buffers to account for the error, it i s far from acceptable. 1 Rosel, P.E., L. A. Wilcox, T.K. Ymada, and K.D. Mullin. 2021. A new species of baleen whale ( Balaenoptera) from the Gulf of Mexico, with a review of its geographic distribution. Marine Mammal Science 37( 2): 577- 610. NOAA-NMFS- 2023- 0028 Rice' s Whale NMFS Objection Letter, October 3, 2023 Page 3 of 4 The ESA also mandates the consideration of economic impacts and impacts to national security. The purpose of the economic analysis is to identify and consider the potential economic impacts associated with the designation of critical habitat areas for the Rice' s whale. The proposed designation of critical habitat in the northern Gulf of Mexico may lead to regulations that prove to be economically devastating to the largest fishing fleet in the United States as well as a significant threat to our national security as the region is the primary testing range for our military. Yet in the analysis provided with the proposed