Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.226.226 Critical habitat for the main Hawaiian Islands insular false killer whale (Pseudorca crassidens) Distinct Population Segment

(1) Adequate space for movement and use within shelf and slope habitat;

(2) Prey species of sufficient quantity, quality, and availability to support individual growth, reproduction, and development, as well as overall population growth;

(3) Waters free of pollutants of a type and amount harmful to main Hawaiian Islands insular false killer whales;  and

(4) Sound levels that would not significantly impair false killer whales' use or occupancy.

(1) Pursuant to Endangered Species Act (ESA) section 4(b)(2), the following areas have been excluded from the designation:  The Bureau of Ocean Energy Management Call Area offshore of the Island of Oahu (which includes two sites, one off Kaena point and one off the south shore), the Navy Pacific Missile Range Facility's Offshore ranges (including the Shallow Water Training Range (SWTR), the Barking Sands Tactical Underwater Range (BARSTUR), and the Barking Sands Underwater Range Extension (BSURE;  west of Kauai), the Navy Kingfisher Range (northeast of Niihau), Warning Area 188 (west of Kauai), Kaula Island and Warning Area 187 (surrounding Kaula Island), the Navy Fleet Operational Readiness Accuracy Check Site (FORACS) (west of Oahu), the Navy Shipboard Electronic Systems Evaluation Facility (SESEF) (west of Oahu), Warning Areas 196 and 191 (south of Oahu), Warning Areas 193 and 194 (south of Oahu), the Kaulakahi Channel portion of Warning area 186 (the channel between Niihau and Kauai and extending east), the area north of Molokai (found offshore at the outer edge of the designation), the Alenuihaha Channel, the Hawaii Area Tracking System, and the Kahoolawe Training Minefield.

(2) Pursuant to ESA section 4(a)(3)(B), all areas subject to the Joint Base Pearl Harbor–Hickam Integrated Natural Resource Management Pl69.