[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Proposed Rules]
[Pages 6934-6935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3806]


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DEPARTMENT OF COMMERCE
50 CFR Part 424

[I.D. 010997C]


Endangered and Threatened Species and Designation of Critical 
Habitat; Petition To Designate Critical Habitat for the Atlantic Green 
and Hawksbill Turtles.

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of a petition presenting substantial 
information and request for additional information.

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SUMMARY: NMFS announces receipt of a petition to designate critical 
habitat for the Atlantic green and hawksbill turtles pursuant to the 
Endangered Species Act of 1973 (ESA). NMFS is soliciting public comment 
and information on the petition to designate critical habitat.

DATES: Written comments will be accepted through April 15, 1997.
ADDRESSES: Written comments on this announcement may be submitted to 
the Chief, Endangered Species Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Barbara Schroeder, 301-713-1401, or 
Charles A. Oravetz, 813-570-5312.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 1996, Ms. Cindy Gines-Sanchez, Esq., on behalf of 
the Mision Industrial de Puerto Rico, Inc. and Chelonia, The Puerto 
Rico Herpetological Society, Inc., petitioned NMFS to designate 
critical habitat for the Atlantic green and hawksbill turtles to 
include all coastal waters surrounding the islands of the Culebra 
archipelago, including Isla de Culebra, Cayo Norte, Cayo Ballena, Cayos 
Geniqui, Isla Culebrita, Arrecife Culebrita, Cayo de Luis Pena, Las 
Hermanas, El Mono, Cayo Lobo, Cayo Lobito, Cayo Botijuela, Alcarraza, 
Los Gemelos, and Piedra Steven, from the Mean High Water line out to 3 
nautical miles (nm)(4.2 km).
    Section 4 of the Endangered Species Act (ESA) and 50 CFR part 424 
contain provisions allowing interested parties to petition for the 
designation of critical habitat. Although the ESA does not require that 
the time frames outlined in section 4(b) of the ESA be followed for 
designation of critical habitat for species listed prior to 1982, NMFS 
will apply those time frames to the referenced petition, as a matter of 
policy, to the greatest extent practicable.
    NMFS has determined that the petition presents substantial 
information indicating that designation may be warranted. A copy of the 
information submitted with the petition is available upon request (see 
ADDRESSES).
    NMFS will conduct a review to determine if the petitioned action to 
designate critical habitat is warranted. The determination concerning 
critical habitat will be made on the best available scientific and 
commercial data and the economic impacts of such designation. NMFS will 
make a determination by November 7, 1997, 12 months after receipt of 
the petition. A notice of finding will be published in the Federal 
Register and, if the action is warranted, a proposed regulation to 
implement the action will be included.
    Unlike listing a species as endangered or threatened, economic 
impacts must be considered when designating critical habitat. An area 
may be excluded from the designation if it is determined that the 
benefits of an exclusion outweigh the benefits of including the area as 
critical habitat, and the exclusion will not result in the extinction 
of the species.
    NMFS is soliciting information and comments concerning the petition 
to

[[Page 6935]]

ensure that the review is complete and is based on the best available 
information. In addition, NMFS is soliciting information and comments 
concerning other areas in the U.S. Caribbean where the designation of 
critical habitat for listed sea turtles may be warranted. We request 
that the information and comments be accompanied by (1) supporting 
documentation such as maps, biological references or reprints of 
pertinent publications and (2) the person's name, address and 
association, institution, or business that the person represents.

    Dated: February 10, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-3806 Filed 2-13-97; 8:45 am]
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