66584 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

Author: The primary author of this

notice is Paul Hartfield (see ADDRESSES

section).

Authority

The authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: December 11, 1997.

H. Dale Hall,

Acting Regional Director, Fish and Wildlife

Service.

[FR Doc. 97–33140 Filed 12–18–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 226

[Docket No. 971124276–7276–01; I.D. No.

110797B]

RIN 0648–AH88

Designated Critical Habitat; Green and

Hawksbill Sea Turtles

AGENCY: National Marine Fisheries

Service (NMFS), NOAA, Commerce.

ACTION: Proposed rule; request for

comments; and notice of public

hearings.

SUMMARY: NMFS proposes to designate

critical habitat pursuant to the

Endangered Species Act of 1973 (ESA)

for the threatened green turtle (Chelonia

mydas) to include waters extending

seaward 3 nautical miles (nm) [5.6

kilometers(km)] from the mean high

water line of Culebra Island, Puerto Rico

(see Figure 1), and for the endangered

hawksbill turtle (Eretmochelys

imbricata) to include waters extending

seaward 3 nm (5.6 km) from the mean

high water line of Mona and Monito

Islands, Puerto Rico (see Figure 2). The

designation of critical habitat provides

explicit notice to Federal agencies and

to the public that these areas and

features are vital to the conservation of

the species.

DATES: Comments must be received on

or before February 17, 1998.

The public hearings on this proposed

action are scheduled from 7 p.m. to 9

p.m. as follows:

1. Monday, January 26, 1998—Eugene

Francis Conference Room, Physics

Building, University of Puerto Rico at

Mayaguez, Palmeras Road, Mayaguez,

Puerto Rico.

2. Tuesday, January 27, 1998—Puerto

Rico Department of Natural and

Environmental Resources, Central Office

Auditorium, Munoz Rivera Avenue (Bus

Stop 31⁄2), Puerta Tierra, Puerto Rico.

3. Thursday, January 29, 1998—

Center for Multiple Use, Williamson

Street, Culebra, Puerto Rico.

ADDRESSES: Comments and requests for

a copy of the environmental assessment

(EA) for this proposed rule should be

addressed to Barbara Schroeder,

National Sea Turtle Coordinator, Office

of Protected Resources, NMFS, 1315

East-West Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Michelle Rogers, 301–713–1401 or

Bridget Mansfield, 813–570–5312.

SUPPLEMENTARY INFORMATION:

Background

On February 14, 1997, NMFS

announced the receipt of a petition

presenting substantial information to

warrant a review (62 FR 6934) to

designate critical habitat for green

(Chelonia mydas) and hawksbill

(Eretmochelys imbricata) turtles to

include all coastal waters surrounding

the islands of the Culebra archipelago.

At that time, NMFS also requested

additional information concerning other

areas in the U.S. Caribbean where the

designation of critical habitat for listed

sea turtles may be warranted. Upon further review, NMFS has

determined that substantial information

exists to warrant the designation of

critical habitat for green and hawksbill

turtles in the Caribbean. Therefore,

NMFS proposes to designate critical

habitat for the threatened green turtle to

include coastal waters surrounding

Culebra Island, Puerto Rico, and for the

endangered hawksbill turtle to include

coastal waters surrounding Mona and

Monito Islands, Puerto Rico (see

Proposed Critical Habitat; Geographic

Extent section of this notice). This

designation of critical habitat for the

hawksbill turtle complements the U.S.

Fish and Wildlife Service (USFWS)

action which designated critical habitat

for this species to include all areas of

beachfront on the west, south, and east

sides of Mona Island, as well as certain

nesting beaches on Culebra, Cayo Norte,

and Culebrita in the Culebra archipelago

(47 FR 27295, June 24, 1982).

In accordance with the July 18, 1977,

Memorandum of Understanding

between NMFS and the USFWS, NMFS

was given responsibility for sea turtles

while in the marine environment. Such

responsibility includes proposing and

designating critical habitat. The

designation of critical habitat for sea

turtles while on land is the jurisdiction

of the USFWS; therefore, this rule

includes only marine areas. Green and hawksbill turtles are

largely restricted to tropical and

subtropical waters. Once abundant

throughout the Caribbean, green and

hawksbill turtle populations have

diminished to the point where they may

likely be extirpated from this area. The

green turtle is listed as threatened under

the ESA, except for the Florida and

Pacific coast of Mexico breeding

populations, which are listed as

endangered. The hawksbill turtle is

listed as endangered throughout its

range.

Additionally, green and hawksbill

turtles, as well as other marine turtle

species, are protected internationally

under the Convention on International

Trade in Endangered Species of Wild

Fauna and Flora (CITES). Without these

protections, it is highly unlikely that

either species, traditionally highly

prized in the Caribbean for their flesh,

fat, eggs, and shell, would exist today.

The extensive seagrass beds of the

Culebra archipelago support a large

juvenile population of green turtles.

Researchers estimate that over 150

juvenile green turtles are resident on

Culebra seagrass beds at any given time.

Additionally, a small population of

adult green turtles have been

documented in these waters (Collazo et

al., 1992).

On November 10, 1993, the USFWS

designated Culebra seagrass beds as

Resource Category 1, recognizing these

seagrasses as critical foraging habitat for

juvenile green turtles (USFWS, 1993).

The USFWS mitigation policy classifies

habitats into different resource

categories according to their importance

on a national or ecoregional scale. This

classification provides guidance to the

USFWS, NMFS, action agencies, and

private developers that mitigation may

be necessary if impacts to these habitats

are anticipated. Resource Category 1

designation recognizes the habitat as

unique and irreplaceable on a national

or ecoregional level and states that loss

of the habitat is not acceptable.

Green turtles nest sporadically on

Puerto Rico’s beaches. Green turtle nests

have been observed on the main island

of Puerto Rico, as well as on Mona and

Vieques Islands, and have been reported

periodically on Culebra Island (Bacon et

al., 1984; Carr, 1978; Pritchard and

Stubbs, 1981). The natal beaches of

Culebra’s juvenile green turtles and the

location of their nesting beaches are

unknown.

The coastal waters of Culebra provide

habitat for hawksbill and leatherback

turtles as well. Hawksbill turtles forage

extensively on the nearby reefs, and

both hawksbills and leatherbacks use

Culebra’s coastal waters to access

nesting beaches. Culebra and St. Croix
Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66585

beaches have the greatest density of

leatherback nests within U.S. waters.

Mona and Monito Islands are

uninhabited natural reserves managed

by the Puerto Rico Department of

Natural and Environmental Resources.

The waters surrounding Mona Island are

one of the few known remaining

locations in the Caribbean where

hawksbill turtles occur with

considerable density (Diez and van

Dam, 1996). Researchers have shown

that the large juvenile population of

hawksbill turtles around Mona and

Monito are long term residents,

exhibiting strong site fidelity for periods

of at least several years (Diez, 1996).

Mona Island supports the largest

population of nesting hawksbill turtles

in the U.S. Caribbean. During the most

recent nesting season, a record 354 nests

and 288 false crawls were recorded from

July 31, 1996, to January 17, 1997 (Diez,

1996).

Additionally, the waters surrounding

Mona Island support a small green turtle

population, which possibly is surviving

only because of Mona’s remoteness and

the full-time presence of Puerto Rico

Department of Natural and

Environmental Resources fisheries/

wildlife enforcement personnel. Limited

green turtle nesting still occurs on Mona

Island.

Use of the term ‘‘essential habitat’’

within this Notice refers to critical

habitat as defined by the ESA and

should not be confused with the

requirement to describe and identify

Essential Fish Habitat (EFH) pursuant to

the Magnuson-Stevens Fishery

Conservation and Management Act, 16

U.S.C. 1801 et sec.

Definition of Critical Habitat

Critical habitat is defined in section

3(5)(A) of the ESA as ‘‘(i) the specific

areas within the geographical area

occupied by the species * * * on which

are found those physical or biological

features (I) essential to the conservation

of the species and (II) which may

require special management

considerations or protection; and (ii)

specific areas outside the geographical

area occupied by the species * * *

upon a determination by the Secretary

that such areas are essential for the

conservation of the species.’’ (see 16

U.S.C. 1532(5)(A)). The term

‘‘conservation,’’ as defined in section

3(3) of the ESA, means ‘‘* * * to use

and the use of all methods and

procedures which are necessary to bring

any endangered species or threatened

species to the point at which the

measures provided pursuant to this Act

are no longer necessary.’’ (see 16 U.S.C.

1532(3)).

In designating critical habitat, NMFS

must consider the requirements of the

species, including: (1) Space for

individual and population growth, and

for normal behavior; (2) food, water, air,

light, minerals, or other nutritional or

physiological requirements; (3) cover or

shelter; (4) sites for breeding,

reproduction, or rearing of offspring;

and, generally, (5) habitats that are

protected from disturbance or are

representative of the historic

geographical and ecological

distributions of the species (see 50 CFR

424.12(b)).

In addition to these factors, NMFS

must focus on and list the known

physical and biological features

(primary constituent elements) within

the designated area(s) that are essential

to the conservation of the species and

that may require special management

considerations or protection. These

essential features may include, but are

not limited to, breeding/nesting areas,

food resources, water quality and

quantity, and vegetation and soil types

(see 50 CFR 424.12(b)).

Consideration of Economic,

Environmental and Other Factors

The economic, environmental, and

other impacts of a critical habitat

designation have been considered and

evaluated. NMFS identified present and

anticipated activities that (1) may

adversely modify the areas being

considered for designation and/or (2)

may be affected by a designation. An

area may be excluded from a critical

habitat designation if NMFS determines

that the overall benefits of exclusion

outweigh the benefits of designation,

unless the exclusion will result in the

extinction of the species (see 16 U.S.C.

1533(b)(2)).

The impacts considered in this

analysis are only those incremental

impacts specifically resulting from a

critical habitat designation, above the

economic and other impacts attributable

to listing the species or resulting from

other authorities. Since listing a species

under the ESA provides significant

protection to a species’ habitat, in many

cases the economic and other impacts

resulting from the critical habitat

designation, over and above the impacts

of the listing itself, are minimal (see

Significance of Designating Critical

Habitat section of this proposed rule). In

general, the designation of critical

habitat highlights geographical areas of

concern and reinforces the substantive

protection resulting from the listing

itself.

Impacts attributable to listing include

those resulting from the ‘‘take’’

prohibitions contained in section 9 of

the ESA and associated regulations.

‘‘Take,’’ as defined in the ESA means to

harass, harm, pursue, hunt, shoot,

wound, kill, trap, capture, or collect, or

to attempt to engage in any such

conduct (see 16 U.S.C. 1532(19)). Harm

can occur through destruction or

modification of habitat (whether or not

designated as critical) that significantly

impairs essential behaviors, including

breeding, feeding, or sheltering.

Significance of Designating Critical

Habitat

The designation of critical habitat

does not, in and of itself, restrict human

activities within an area or mandate any

specific management or recovery action.

A critical habitat designation

contributes to species conservation

primarily by identifying critically

important areas and by describing the

features within those areas that are

essential to the species, thus alerting

public and private entities to the area’s

importance. Under the ESA, the only

regulatory impact of a critical habitat

designation is through the provisions of

section 7. Section 7 applies only to

actions with Federal involvement (e.g.,

authorized, funded, conducted), and

does not affect exclusively state or

private activities.

Under the section 7 provisions, a

designation of critical habitat would

require Federal agencies to ensure that

any action they authorize, fund, or carry

out is not likely to adversely modify or

destroy the designated critical habitat.

Activities that adversely modify or

destroy critical habitat are defined as

those actions that ‘‘appreciably

diminish the value of critical habitat for

both the survival and recovery’’ of the

species (see 50 CFR 402.02). Regardless

of a critical habitat designation, Federal

agencies must ensure that their actions

are not likely to jeopardize the

continued existence of the listed

species. Activities that jeopardize a

species are defined as those actions that

‘‘reasonably would be expected, directly

or indirectly, to reduce appreciably the

likelihood of both the survival and

recovery’’ of the species (see 50 CFR

402.02). Using these definitions,

activities that destroy or adversely

modify critical habitat may also be

likely to jeopardize the species.

Therefore, the protection provided by a

critical habitat designation generally

duplicates the protection provided

under the section 7 jeopardy provision.

A designation of critical habitat, in

addition to emphasizing and alerting

public and private entities to the critical

importance of said habitat to listed

species, provides a clear indication to

Federal agencies regarding when section
66586 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

7 consultation is required, particularly

in cases where the action would not

result in direct mortality, injury, or

harm to individuals of a listed species

(e.g., an action occurring within the

critical area when a migratory species is

not present). The critical habitat

designation, describing the essential

features of the habitat, also assists

Federal action agencies in determining

which activities conducted outside the

designated area are subject to section 7

(i.e., activities that may affect essential

features of the designated area). For

example, discharge of sewage or

disposal of waste material, or

construction activities that could lead to

soil erosion and increased

sedimentation in waters in or adjacent

to a critical habitat area may affect an

essential feature of the designated

habitat (water quality) and would be

subject to the provisions of section 7 of

the ESA.

A critical habitat designation will also

assist Federal agencies in planning

future actions since the designation

establishes, in advance, those habitats

that will be given special consideration

during section 7 consultations. With a

designation of critical habitat, potential

conflicts between projects and

endangered or threatened species can be

identified and possibly avoided early in

the agency’s planning process.

Another indirect benefit of a critical

habitat designation is that it helps focus

Federal, state, and private conservation

and management efforts in such areas.

Management efforts may address special

considerations needed in critical habitat

areas, including conservation

regulations to restrict private as well as

Federal activities. The economic and

other impacts of these actions would be

considered at the time of those proposed

regulations and, therefore, are not

considered in the critical habitat

designation process. Other Federal,

state, and local laws or regulations, such

as zoning or wetlands protection, may

also provide special protection for

critical habitat areas.

Process for Designating Critical Habitat

Developing a proposal for critical

habitat designation involves three main

considerations. First, the biological

needs of the species are evaluated and

habitat areas and features that are

essential to the conservation of the

species are identified. If alternative

areas exist that would provide for the

conservation of the species, such

alternatives are also identified. Second,

the need for special management

considerations or protection of the

area(s) or features are evaluated. Finally,

the probable economic and other

impacts of designating these essential

areas as ‘‘critical habitat’’ are evaluated.

After considering the requirements of

the species, the need for special

management, and the impacts of the

designation, the proposed critical

habitat designation is published in the

Federal Register for comment. The final

critical habitat designation, considering

comments on the proposal and impacts

assessment, is published within one

year of the proposed rule. Final critical

habitat designations may be revised,

using the same process, as new

information becomes available.

A description of the critical habitat,

need for special management, impacts

of designating critical habitat, and the

proposed action are described in the

following sections for green and

hawksbill sea turtles.

Critical Habitat of the Green Turtle

Biological information for listed green

turtles can be found in the Recovery

Plan for U.S. Population of Atlantic

Green Turtle (NMFS and USFWS, 1991),

the most recent green turtle status

review (NMFS in prep.), and the

Federal Register notices of proposed

and final listing determination (see 40

FR 21982, May 20, 1975; 43 FR 32800,

July 28, 1978). These documents

include information on the status of the

species, its life history characteristics

and habitat requirements, as well as

projects, activities and other factors

affecting the species.

While the precise space requirements

for populations of green turtles are

unknown, globally this species is

primarily restricted to tropical and

subtropical waters. In U.S. Atlantic and

Gulf of Mexico waters, green turtles are

found from Massachusetts to Texas and

in the U.S. Virgin Islands and Puerto

Rico. Caribbean populations of green

turtles have diminished significantly

from historical levels, primarily due to

the directed turtle fishery that existed

prior to their listing under the ESA.

Additionally, researchers have

documented that habitat loss is a

primary factor slowing the recovery of

the species throughout its range.

Degradation of seagrass beds has slowed

recovery of green turtles in the

Caribbean due to reduced carrying

capacity of seagrass meadows (Williams,

1988). Therefore, the extent of habitat

required for foraging green turtles is

likely to be increasing due to the

reduced productivity of remaining

seagrass beds.

Seagrasses are the principal dietary

component of juvenile and adult green

turtles throughout the Wider Caribbean

region (Bjorndal, 1995). The seagrass

beds of Culebra consist primarily of

turtle grass (Thalassia testudinum).

While seagrasses are distributed

throughout temperate and tropical

latitudes, turtle grass beds are a tropical

phenomenon. In the Caribbean, turtle

grass beds consist primarily of turtle

grass, but may include other species of

seagrass such as manatee grass

(Syringodium filiforme), shoal grass

(Halodule wrightii), and sea vine

(Halophila decipiens), as well as several

species of algae including green algae of

the genera Halimeda, Caulerpa, and

Udotea.

The natal beaches of Culebra’s

juvenile green turtles have not yet been

identified. After emerging from nests on

natal beaches, post-hatchlings may

move into offshore convergence zones

for an undetermined length of time

(Carr, 1986). Upon reaching

approximately 25 to 35 cm carapace

length, juvenile green turtles enter

benthic feeding grounds in relatively

shallow, protected waters (Collazo et al.,

1992).

The importance of the Culebra

archipelago as green turtle

developmental habitat has been well

documented. Researchers have

established that Culebra coastal waters

support juvenile and subadult green

turtle populations and have confirmed

the presence of a small population of

adults (Collazo et al., 1992). These

findings, together with information

obtained from studies conducted in the

U.S. Virgin Islands, have reaffirmed the

importance of developmental habitats

throughout the eastern portion of the

Puerto Rican Bank (Collazo et al., 1992).

Additionally, the coral reefs and other

topographic features within these waters

provide green turtles with shelter during

interforaging periods that serve as refuge

from predators.

Culebra seagrasses provide foraging

habitat for many valuable species. In

addition to green turtles, the

commercially important queen conch

(Strombus gigas) and coral reef bony

fishes (Class Osteichthyes), such as

parrotfish (Sparisoma spp.), grunts

(Haemulon spp.), porgies or sea breams

(Archosargus rhomboidalis), and others,

utilize this important habitat. Culebra’s

seagrass beds also provide habitat for

the endangered west Indian manatee

(Trichechus manatus) and several

species of cartilaginous fishes (Class

Chondrichthyes). Additionally, seagrass

beds beneficially modify the physical,

chemical, and geological properties of

coastal areas. They provide nutrients,

primary energy, and habitats that help

sustain coastal fisheries resources while

enhancing biological diversity and

wildlife (Vicente and Tallevast, 1992).
Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66587

Critical Habitat of the Hawksbill Turtle

Biological information for listed

hawksbill turtles can be found in the

Recovery Plan for the Hawksbill Turtle

in the U.S. Caribbean, Atlantic and Gulf

of Mexico (NMFS and USFWS, 1993),

the Hawksbill Turtle Status Review

(NMFS, 1995), and the Federal Register

notice of final listing determination (see

35 FR 8495, June 2, 1970). These

documents include information on the

status of the species, its life history

characteristics and habitat requirements,

as well as projects, activities, and other

factors affecting the species.

The hawksbill turtle occurs in tropical

and subtropical waters of the Atlantic,

Pacific and Indian Oceans. The species

is widely distributed in the Caribbean

Sea and western Atlantic Ocean. Within

the United States, hawksbills are most

common in Puerto Rico and its

associated islands, the U.S. Virgin

Islands, and Florida.

International commerce in hawksbill

shell, or ‘‘bekko,’’ is considered the

most significant factor endangering

hawksbill turtle populations around the

world. Despite international trade

protections under CITES, trade in

hawksbill shell continues. The illegal

take of hawksbills at sea has not yet

been fully quantified, but it is a

continuing and serious problem.

Juvenile hawksbills are thought to

lead a pelagic existence before

recruiting to benthic feeding grounds at

a size of approximately 25 cm straight

carapace length (Meylan and Carr,

1982). Coral reefs, like those found in

the waters surrounding Mona and

Monito Islands, are widely recognized

as the primary foraging habitat of

juvenile, subadult, and adult hawksbill

turtles. This habitat association is

directly related to the species’ highly

specific diet of sponges (Meylan, 1988).

Gut content analysis conducted on

hawksbills collected from the Caribbean

suggest that a few types of sponges make

up the major component of their diet,

despite the prevalence of other sponges

on the coral reefs where hawksbills are

found (Meylan, 1984). Vicente (1993)

observed similar feeding habits in

hawksbills foraging specifically in

Puerto Rico. Additionally, the ledges

and caves of the reef provide shelter for

resting and refuge from predators.

The hawksbill’s dependence on coral

reefs for shelter and food links its wellbeing directly to the condition of reefs.

Destruction of coral reefs due to

deteriorating water quality and vessel

anchoring, striking, or grounding is a

growing problem.

The coral reefs of Mona and Monito

Islands are among the few known

remaining locations in the Caribbean

where hawksbill turtles occur with

considerable density (Diez and van

Dam, 1996). Recent genetic studies

indicate that this resident population of

immature hawksbills comprises

individuals from multiple nesting

populations in the Wider Caribbean.

These data indicate that the

conservation of the juvenile population

of hawksbill turtles at Mona can

contribute to sustaining healthy nesting

populations throughout the Caribbean

Region (Bowen et al., 1996).

Additionally, data on hawksbill turtle

diet composition and foraging behavior

suggest that this high-density hawksbill

population may play a significant role

in maintaining sponge species diversity

in the nearshore benthic communities of

Mona and Monito Islands (van Dam and

Diez, 1997).

Hawksbills utilize both low- and highenergy nesting beaches in tropical

oceans of the world. Both insular and

mainland nesting sites are known.

Hawksbills will nest on small pocket

beaches and, because of their small

body size and great agility, can traverse

fringing reefs that limit access by other

species.

Nesting within the southeastern

United States occurs principally in

Puerto Rico and in the U.S. Virgin

Islands, the most important sites being

Mona Island in Puerto Rico and Buck

Island Reef National Monument in the

U.S. Virgin Islands. Mona Island

supports the largest population of

nesting hawksbill turtles in the U.S.

Caribbean. Considerable nesting also

occurs on the beaches of Culebra,

Vieques, and mainland Puerto Rico, as

well as St. Croix, St. John, and St.

Thomas.

Need for Special Management

Considerations or Protection

In order to assure that the essential

areas and features described in previous

sections are maintained or restored,

special management measures may be

needed. Activities that may require

special management considerations for

listed green and hawksbill turtle

foraging and developmental habitats

include, but are not limited to, the

following:

(1) Vessel traffic—Propeller dredging

and anchor mooring severely disrupt

benthic habitats by crushing coral,

breaking seagrass root systems, and

severing rhizomes. Propeller dredging

and anchor mooring in shallow areas are

major disturbances to even the most

robust seagrasses. Trampling of seagrass

beds and live bottom, a secondary effect

of recreational boating, also disturbs

seagrasses and coral.

(2) Coastal construction—The

development of marinas and private or

commercial docks in inshore waters can

negatively impact turtles through

destruction or degradation of foraging

habitat. Additionally, this type of

development leads to increased boat

and vessel traffic which may result in

higher incidences of propeller- and

collision-related mortality.

(3) Point and non-point source

pollution—Highly colored, low salinity

sewage discharges may provoke

physiological stress upon seagrass beds

and coral communities and may reduce

the amount of sunlight below levels

necessary for photosynthesis. Nutrient

over-enrichment caused by inorganic

and organic nitrogen and phosphorous

from urban and agricultural run-off and

sewage can also stimulate algal growth

that can smother corals and seagrasses,

shade rooted vegetation and diminish

the oxygen content of the water.

(4) Fishing activities—Incidental

catch during commercial and

recreational fishing operations is a

significant source of sea turtle mortality.

Additionally, the increased vessel traffic

associated with fishing activities can

result in the destruction of habitat due

to propeller dredging and anchor

mooring.

(5) Dredge and fill activities—

Dredging activities result in direct

destruction or degradation of habitat as

well as incidental take of turtles.

Channelization of inshore and nearshore

habitat and the disposal of dredged

material in the marine environment can

destroy or disturb seagrass beds and

coral reefs.

(6) Habitat restoration—Habitat

restoration may be required to mitigate

the destruction or degradation of habitat

that can occur as a result of the

activities previously discussed.

Additionally, habitat degradation

resulting from episodic natural stresses

such as hurricanes and tropical storms

may require special mitigation

measures.

Activities That May Affect Critical

Habitat

A wide range of activities funded,

authorized, or carried out by Federal

agencies may affect the critical habitat

requirements of listed green and

hawksbill turtles. These include, but are

not limited to, authorization by the U.S.

Army Corps of Engineers for beach

renourishment, dredge and fill

activities, coastal construction such as

the construction of docks and marinas,

and installation of submerged pipeline;

actions by the U.S. Environmental

Protection Agency to manage freshwater

discharges into waterways; regulation of
66588 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

vessel traffic by the U.S. Coast Guard;

U.S. Navy activities; authorization of oil

and gas exploration by the Minerals

Management Service; authorization of

changes to state coastal zone

management plans by NOAA’s National

Ocean Service; and management of

commercial fishing and protected

species by NMFS.

The Federal agencies that will most

likely be affected by this critical habitat

designation include the U.S. Army

Corps of Engineers, the U.S.

Environmental Protection Agency; the

U.S. Coast Guard, the U.S. Navy, the

Minerals Management Service, and

NOAA. This designation will provide

clear notification to these agencies,

private entities, and the public of the

existence of marine critical habitat for

listed green and hawksbill turtles in the

U.S. Caribbean, of the boundaries of the

habitat, and of the protection provided

for that habitat by the section 7

consultation process. This designation

will also assist these agencies and others

in evaluating the potential effects of

their activities on listed green and

hawksbill turtles and their critical

habitat and in determining when

consultation with NMFS would be

appropriate.

Expected Economic Impacts of

Designating Critical Habitat

The economic impacts to be

considered in a critical habitat

designation are the incremental effects

of critical habitat designation above the

economic impacts attributable to listing

or attributable to authorities other than

the ESA (see Consideration of

Economic, Environmental and Other

Factors section of this proposed rule).

Incremental impacts result from special

management activities in areas outside

the present distribution of the listed

species that have been determined to be

essential to the conservation of the

species. However, NMFS has

determined that the present range of

both species contains sufficient habitat

for their conservation. Therefore, NMFS

finds that there are no incremental

impacts associated with this critical

habitat designation.

Proposed Critical Habitat; Geographic

Extent

NMFS is proposing to designate the

waters surrounding Culebra, Mona, and

Monito Islands, Puerto Rico, as critical

habitat necessary for the continued

survival and recovery of green and

hawksbill sea turtles in the region.

Proposed critical habitat for listed green

turtles includes waters extending

seaward 3 nm (5.6 km) from the mean

high water line of Culebra Island, Puerto

Rico. These waters include Culebra’s

outlying Keys including Cayo Norte,

Cayo Ballena, Cayos Geniquı ́, Isla

Culebrita, Arrecife Culebrita, Cayo de

Luis Pen ̃ a, Las Hermanas, El Mono,

Cayo Lobo, Cayo Lobito, Cayo Botijuela,

Alcarraza, Los Gemelos, and Piedra

Steven (see Figure 1). Culebra Island lies

approximately 16 nm (29.7 km) east of

the northeast coast of mainland Puerto

Rico. The area in general is bounded

north to south by 18°24′ North to 18°14′

North and east to west by 65°11′ West

and 65°25′ West.

Proposed critical habitat for listed

hawksbill turtles includes waters

extending seaward 3 nm (5.6 km) from

the mean high water line of Mona and

Monito Islands, Puerto Rico. (see Figure

2). Mona Island lies approximately 39

nm (72 km) west of the southwest coast

of mainland Puerto Rico. The area in

general is bounded north to south by

18°13′ North to 18°00′ North and east to

west by 67°48′ West and 68°01′ West.

Note: Figures 1 and 2 will not be published

in the Code of Federal Regulations.

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Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66589

Figure 1—Critical Habitat for Green Turtles. Critical Habitat Includes Waters Extending Seaward 3 nm (5.6 km) From

the Mean High Water Line of Isla de Culebra (Culebra Island), Puerto Rico
66590 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

Figure 2—Critical Habitat for Hawksbill Turtles. Critical Habitat Includes Waters Extending Seaward 3 nm (5.6 km)

From the Mean High Water Line of Isla de Mona (Mona Island) and Isla Monito (Monito Island), Puerto Rico

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Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66591

Public Comments Solicited

NMFS is soliciting information,

comments and/or recommendations on

any aspect of this proposed rule from all

concerned parties (see ADDRESSES).

NMFS will consider all information,

comments, and recommendations

received before reaching a final

decision.

Department of Commerce ESA

implementing regulations state that the

Secretary ‘‘shall promptly hold at least

one public hearing if any person so

requests within 45 days of publication

of a proposed regulation to designate

critical habitat.’’ (see 50 CFR

424.16(c)(3)). Public hearings on the

proposed rule provide the opportunity

for the public to give comments and to

permit an exchange of information and

opinion among interested parties. NMFS

encourages the public’s involvement in

such ESA matters.

The public hearings on this proposed

action have been scheduled for the

month of January, 1998 (see DATES).

Interested parties will have an

opportunity to provide oral and written

testimony at the public hearings. These

hearings are physically accessible to

people with disabilities. Requests for

sign language interpretation or other

aids should be directed to Bridget

Mansfield (see FOR FURTHER INFORMATION

CONTACT).

Classification

The Assistant Administrator for

Fisheries, NOAA (AA) has determined

that this rule is not significant for

purposes of Executive Order (E.O.)

12866.

This rule does not contain a

collection-of-information requirement

for purposes of the Paperwork

Reduction Act.

NMFS proposes to designate only

areas within the current range of these

sea turtle species as critical habitat;

therefore, this designation will not

impose any additional requirements or

economic effects upon small entities,

beyond those which may accrue from

section 7 of the ESA. Section 7 requires

Federal agencies to insure that any

action they carry out, authorize, or fund

is not likely to jeopardize the continued

existence of any listed species or result

in the destruction or adverse

modification of critical habitat (ESA

§ 7(a)(2)). The consultation requirements

of section 7 are nondiscretionary and

are effective at the time of species’

listing. Therefore, Federal agencies must

consult with NMFS and ensure their

actions do not jeopardize a listed

species, regardless of whether critical

habitat is designated.

In the future, should NMFS determine

that designation of habitat areas outside

either species’ current range is

necessary for conservation and recovery,

NMFS will analyze the incremental

costs of that action and assess its

potential impacts on small entities, as

required by the Regulatory Flexibility

Act. Until that time, a more detailed

analysis would be premature and would

not reflect the true economic impacts of

the proposed action on local businesses,

organizations, and governments.

Accordingly, the Assistant General

Counsel for Legislation and Regulation

of the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that the proposed rule,

if adopted, would not have a significant

economic impact of a substantial

number of small entities, as described in

the Regulatory Flexibility Act.

The AA has determined that the

proposed designation is consistent to

the maximum extent practicable with

the approved Coastal Zone Management

Program of the Commonwealth of

Puerto Rico. This determination will be

submitted for review by the responsible

state agency under section 307 of the

Coastal Zone Management Act.

NOAA Administrative Order 216–6

states that critical habitat designations

under the ESA are categorically

excluded from the requirement to

prepare an EA or an environmental

impact statement. However, in order to

more clearly evaluate the impacts of the

proposed critical habitat designation,

NMFS has prepared an EA. Copies of

the assessment are available on request

(see ADDRESSES).

References

The complete citations for the

references used in this document can be

obtained by contacting Michelle Rogers,

NMFS (see FOR FURTHER INFORMATION

CONTACT).

List of Subjects in 50 CFR Part 226

Endangered and threatened species.

Dated: December 15, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 226 is proposed

to be amended as follows:

PART 226—DESIGNATED CRITICAL

HABITAT

1. The authority citation for part 226

continues to read as follows:

Authority: 16 U.S.C. 1533.

2. Sections 226.72 and 226.73 are

added to subpart D to read as follows:

§ 226.72 Green sea turtle (Chelonia

mydas).

(a) Culebra Island, Puerto Rico—

Waters surrounding the island of

Culebra from the mean high water line

seaward to 3 nautical miles (5.6 km).

These waters include Culebra’s outlying

Keys including Cayo Norte, Cayo

Ballena, Cayos Geniquı ́, Isla Culebrita,

Arrecife Culebrita, Cayo de Luis Pen ̃ a,

Las Hermanas, El Mono, Cayo Lobo,

Cayo Lobito, Cayo Botijuela, Alcarraza,

Los Gemelos, and Piedra Steven.

(b) [Reserved]

§ 226.73 Hawksbill sea turtle

(Eretmochelys imbricata).

(a) Mona and Monito Islands, Puerto

Rico—Waters surrounding the islands of

Mona and Monito, from the mean high

water line seaward to 3 nautical miles

(5.6 km).

(b) [Reserved]

[FR Doc. 97–33217 Filed 12–18–97; 8:45 am]

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