Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6931

recordkeeping requirements,

Transportation.

Dated: February 4, 1997.

David B. Allen,

Regional Director, Region 7, Fish and Wildlife

Service.

[FR Doc. 97–3464 Filed 2–13–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 970129015–7015–01; I.D.

010397A]

RIN 0648–AI84

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Pacific Offshore Cetacean Take

Reduction Plan Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes a plan to

reduce the bycatch and mortality of

several marine mammal stocks that

occur incidental to fishing for swordfish

and thresher shark with drift gillnet gear

offshore California and Oregon. The

draft plan was submitted by the Pacific

Offshore Cetacean Take Reduction Team

(PCTRT) pursuant to the Marine

Mammal Protection Act (MMPA). NMFS

seeks comment on the draft Pacific

Offshore Cetacean Take Reduction Plan

(PCTRP), a NMFS proposed change to

the draft plan, and proposed regulations

to implement the plan.

DATES: Comments on the draft plan,

NMFS’ proposed change to the plan,

and the proposed rule to implement the

plan must be received by March 31,

1997.

ADDRESSES: Send comments to Chief,

Marine Mammal Division, Office of

Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910–

3226. Copies of the draft PCTRP and

Environmental Assessment (EA) are

available upon request from Irma

Lagomarsino, Southwest Region, NMFS,

501 W. Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213, or from Victoria

Cornish, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226.

FOR FURTHER INFORMATION CONTACT: Irma

Lagomarsino, NMFS, 310–980–4016 or

Victoria Cornish, NMFS, 301–713–2322.

SUPPLEMENTARY INFORMATION: The

California/Oregon drift gillnet (CA/OR

DGN) fishery for thresher shark and

swordfish is classified as a Category I

fishery under section 118 of the Marine

Mammal Protection Act (MMPA; 16

U.S.C. 1361 et seq.). The CA/OR DGN

fishery is a pelagic fishery with the

majority of the fishing effort occurring

within 200 miles (320 kilometers)

offshore of California and Oregon.

Between May 1 and August 14, drift

gillnets may not be used to take

swordfish or thresher shark in ocean

waters within 75 miles (120 kilometers)

of the California coastline. From August

15 to January 31, swordfish may be

taken within 75 miles (120 kilometers)

of the California mainland, although

additional area restrictions also apply

within this area.

The CA/OR DGN fishery has a

historical incidental bycatch of several

strategic marine mammal stocks

including: Several beaked whale

species, short-finned pilot whales,

pygmy sperm whales, sperm whales,

and humpback whales (Barlow et al.,

1995). A strategic stock is a stock: (1)

For which the level of direct humancaused mortality exceeds the potential

biological removal (PBR) level; (2)

which is declining and is likely to be

listed under the Endangered Species Act

(ESA) in the foreseeable future; or (3)

which is listed as a threatened or

endangered species under the ESA. The

incidental bycatch of strategic stocks in

the CA/OR DGN fishery exceeds the

PBR levels established for these stocks

(Barlow et al., 1995).

Section 118 of the MMPA requires

NMFS to develop and implement a take

reduction plan to assist in the recovery

or to prevent the depletion of each

strategic stock that interacts with a

Category I or II fishery. Category I or II

fisheries are fisheries that have frequent

or occasional incidental mortality and

serious injury of marine mammals,

respectively. The immediate goal of a

take reduction plan is to reduce, within

6 months of its implementation, the

mortality and serious injury of strategic

stocks incidentally taken in the course

of commercial fishing operations to

below the PBR levels established for

such stocks. Since the CA/OR DGN

fishery is a Category I fishery that

interacts with several strategic stocks,

NMFS established the PCTRT on

February 15, 1996 (61 FR 5385) to

prepare a draft take reduction plan. The

PCTRT included representatives of

NMFS, the California Department of

Fish and Game (CDFG), the Pacific

States Marine Fisheries Commission,

environmental organizations, academic

and scientific organizations, and

participants in the CA/OR DGN fishery.

In selecting these team members, NMFS

sought an equitable balance among

representatives of resource user and

non-user interests.

The PCTRT was tasked with

developing a consensus plan for

reducing incidental mortality and

serious injury of strategic marine

mammal stocks in the CA/OR DGN

fishery. The PCTRT met five times

between February and June 1996 and

submitted a consensus draft plan to

NMFS on August 15, 1996 (PCTRP,

1996). The PCTRP includes: (1) A

review of the current information on the

status of the affected strategic marine

mammal stocks; (2) a description of the

CA/OR DGN fishery; (3) an analysis of

data from NMFS’ CA/OR DGN fishery

observer program from 1990–1995; (4)

primary strategies to reduce takes of

strategic marine mammal stocks; (5)

contingency measures that would

reduce fishing effort; and (6) other

recommendations regarding voluntary

measures to reduce takes, enhancing the

effectiveness of the observer program,

research on oceanographic/

environmental variables, and other

potential strategies considered and

rejected by the team.

The PCTRT recommended that four

primary strategies be implemented to

reduce bycatch of strategic marine

mammal stocks in the CA/OR DGN

fishery. The PCTRT recommended that

three of these strategies be administered

on a mandatory basis (strategies #1, #2,

and #4) and that one be administered on

a voluntary basis (strategy #3). This

action proposes regulations to

implement three of these primary

strategies. These include the

establishment of a depth of fishing

requirement (strategy #1), the use of

acoustic deterrent devices (pingers)

(strategy #2), and mandatory skipper

workshops (strategy #4). The PCTRT

recommended that one other primary

strategy be implemented by NMFS, yet

not through Federal regulation. This

would be for NMFS to encourage CDFG

not to reissue lapsed permits, and to

encourage the Oregon Department of

Fish and Wildlife (ODFW) to continue

issuing the same number of permits

(strategy #3).

The proposed requirements would

govern fishing by all drift gillnet vessels

that operate out of California or Oregon.
6932 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules

Primary Strategies

Depth of Fishing Requirement (Strategy

#1)

The PCTRT recommended that NMFS

establish a fleetwide 16 fathom (36 feet;

10.9 meters) minimum extender line

length requirement. Extender lines

attach buoys (floats) to the drift gillnet’s

floatline and determine the depth of the

water column at which the net is fished.

Lowering nets in the water column has

significantly reduced the incidental

bycatch of cetaceans in several other

drift gillnet fisheries (see PCTRP, 1996).

In addition, analysis of NMFS’ observer

program data for the CA/OR DGN

fishery from 1990–95 indicates that a

significantly greater number of

cetaceans are caught during sets that use

extenders that are less than 6 fathoms

(10.9 meters) deep. Furthermore, the

majority of the cetaceans incidentally

taken were observed entangled in the

upper third of the net. Thus, requiring

the CA/OR DGN fishery to use extenders

of 6 fathoms (10.9 meters) in length or

greater should reduce overall cetacean,

and strategic stock, mortality and

serious injury in the fishery. This

proposed rule would require vessel

operators to use an extender with a

length of at least 6 fathoms (10.9

meters).

Skipper Education Workshops (Strategy

#2)

The PCTRT recommended that NMFS

conduct mandatory skipper workshops

on the components of the PCTRP,

together with expert skipper panels, to

further generate and consider potential,

additional take reduction strategies.

Workshops would provide drift gillnet

skippers with information relevant to

how the PCTRP was developed and how

to avoid marine mammal entanglement,

and the workshops would solicit

feedback from fishers on how to reduce

marine mammal interactions.

Workshops would be conducted at

several locations in California that are

accessible to the majority of drift gillnet

fishers (e.g., Crescent City, Moss

Landing, Morro Bay, Los Angeles, San

Diego). Outreach materials that explain

take reduction plan development, plan

components, plan implementation, and

species identification information

would be provided to workshop

participants. This proposed rule would

require all CA/OR DGN vessel operators

to attend one Skipper Education

Workshop before initiating fishing in

the 1997/98 fishing season (May 1 to

December 31). CA/OR DGN vessel

operators would be required to attend

Skipper Education Workshops at annual

intervals thereafter, unless that

requirement is waived by NMFS. NMFS

would provide sufficient advance notice

to vessel operators by mail prior to

convening workshops.

Pinger Experiment and Requirement

(Strategy #3)

The PCTRT recommended that NMFS

and the CA/OR DGN fishery initiate an

acoustic deterrent device (pinger)

experiment in the fishery during the

1996–97 fishing season to evaluate the

effectiveness of pingers at reducing

incidental cetacean and strategic stock

bycatch. Moreover, the PCTRT

recommended that if results from this

experiment indicate that there is a

downward trend in overall cetacean

bycatch, NMFS should establish a

mandatory fleetwide pinger requirement

for all CA/OR DGN fishery vessels prior

to the next fishing season (1997–98) and

continue to monitor the effectiveness of

pingers at reducing bycatch.

The use of pingers in other gillnet

fisheries has been shown to be effective

at reducing the incidental bycatch of

harbor porpoise (PCTRP, 1996).

Analysis of CA/OR DGN observer

program data from 1990–95 indicates

that more cetaceans are entangled in

areas of the net further away from the

vessel, indicating that sound from the

vessel may alert these animals to use

their echolocation and, thus, avoid

entanglement in the net. Furthermore, a

workshop of cetacean and acoustic

experts recently concluded that a pinger

experiment should be conducted in the

CA/OR DGN fishery to test its

effectiveness at reducing cetacean

entanglement (Reeves et al., 1996). The

workshop participants recommended

that the pingers used in the New

England sink gillnet fishery ( 10 kHz at

132 dB re 1μ Pa at 1 meter) be used

experimentally in the CA/OR DGN

fishery because the sound frequency of

the pingers was within the hearing

sensitivity of most of the cetaceans that

interact with that fishery.

NMFS and the CA/OR DGN fishery

initiated a pinger experiment in the CA/

OR DGN fishery in August 1996. The

CA/OR DGN fishery pinger experiment

used pingers with the same sound

frequency, level, and pulse duration and

rate as those used in the New England

sink gillnet fishery. Preliminary results

indicate that observed cetacean

entanglement rate is almost 4 times

greater for non-pinger sets than for those

sets that used pingers (NMFS,

unpublished data). Final statistical

results from the pinger experiment

should be available in March 1997.

Under this proposed rule, NMFSapproved pingers must be used on all

vessels, during every set, and during the

entire fishing season. A NMFS-approved

pinger is an acoustic deterrent device

which, when immersed in water,

broadcasts a sound frequency range of

10 to 80 kHz at 132 dB re 1 micropascal

at 1 meter with a pulse duration of 300

milliseconds and a pulse rate of 4

seconds. However, if better information

on the hearing sensitivity of cetaceans

taken in the CA/OR DGN fishery

indicates that different pinger

specifications would be more effective,

or if experiments using alternative

pingers are more effective, NMFS could

require that different pingers be used in

the fishery. NMFS would publish

proposed specifications for alternative

pingers, and provide opportunity for

public comment to determine whether

alternative pingers should be required.

If the final results from the pinger

experiment indicate that these devices

are ineffective at reducing cetacean

bycatch in the CA/OR DGN fishery, the

use of pingers will not be included in

the final rule to implement the final

PCTRP. NMFS may reconvene the

PCTRT prior to publishing a final rule

requiring the mandatory use of pingers

in the CA/OR DGN fishery to solicit its

input on whether pingers should be

included in the final rule.

Encourage CDFG Not to Reissue Lapsed

Permits and Encourage ODFW to

Continue to Issue the Same Number of

Permits (Strategy #4)

The California drift gillnet fishery for

thresher shark and swordfish is a

limited entry fishery, and the OR DGN

fishery is a developmental fishery. The

PCTRT recognized that the CA DGN

fishery is not restricted from a

substantial expansion in fishing effort,

because nearly a third of the drift gillnet

permittees annually satisfy only the

minimum CDFG requirements to keep

their permits valid. The PCTRT

recommends two approaches for

limiting the potential expansion of

fishing effort by permit holders in

California and Oregon. Implementation

of these approaches would not affect

those drift gillnet fishers that annually

land well beyond the minimum landing

requirements established by CDFG.

First, the PCTRT recommended that

CDFG continue not to reissue drift

gillnet permits that have lapsed. In the

past, if the minimum landing

requirements for a drift gillnet permit

have not been met by the permittee, the

permit lapsed and could then be

reissued to other applicants. However, it

is the current practice of CDFG to not

reissue lapsed permits. The PCTRT also

recommended that ODFW continue

issuing the same number of permits as

were issued in 1996. NMFS intends to
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6933

contact CDFG and ODFW to encourage

continuation of these practices.

Second, the PCTRT recommended

that a California drift gillnet permit buyback program be instituted to reduce

those California drift gillnet permittees

that annually land only the minimum

requirements to maintain their permits.

Theoretically, any agency or any private

sector entity could initiate a buy-back

program by entering into an agreement

with a drift gillnet permit holder.

Although NMFS does not have funding

to implement this strategy, section

118(j) of the MMPA allows NMFS to

accept, solicit, receive, hold, administer

and use gifts, devises and bequests to

carry out the provisions of section 118,

which includes the implementation of

take reduction plans. NMFS is seeking

comments on the establishment of such

a permit buy-back program in

conjunction with CDFG, other agencies,

or with the private sector.

Contingency Measures Involving a

Reduction in Fishing Effort

The PCTRT reviewed several

contingency measures involving a

reduction in fishing effort that may be

considered if the implementation of the

primary strategies fail to achieve the

goals of the MMPA. The PCTRT

recommended that NMFS reconvene the

PCTRT prior to June 15, 1997, to review

the results from the pinger experiment,

evaluate the efficacy of pingers at

achieving the goals of the MMPA, and

make additional recommendations for

the plan, if necessary. The PCTRT also

recommended that NMFS continue to

reconvene the team on an annual basis

to monitor the implementation of the

final take reduction plan, until such

time that NMFS determines that the

objectives of the MMPA have been met.

The contingency measures reviewed

by the PCTRT include a preliminary list

of possible strategies for reducing

incidental mortality and serious injury

that involve changes in fishing effort.

Once the final PCTRP is adopted by

NMFS, the team recommended that if

the 6-month take reduction goal has not

been met when the team reconvenes, the

PCTRT will recommend methods to

reduce fishing effort in the upcoming

season, if necessary. NMFS intends to

reconvene the PCTRT prior to June 1997

and on an annual basis until the goals

of the MMPA have been met.

Other Team Recommendations

The PCTRP included several other

recommendations that do not require

regulations to implement yet were

considered important in achieving the

long-term goals of the PCTRP. These

include: (1) Voluntary modifications of

net mesh size; (2) enhancing the

effectiveness of the observer program;

(3) research on oceanographic/

environmental variables in relation to

cetacean distribution.

The PCTRP also included

recommendations that all vessels in the

CA/OR DGN fishery voluntarily convert

to 20–inch (50.8 centimeter) net mesh

size when replacing old nets or large

panels of existing net. The mesh

conversion was recommended because

an analysis of observer data showed a

significant correlation between size of

mesh and cetacean entanglement rate.

The rate of entanglement was higher for

mesh sizes greater than 21 inches than

that for 20 inches or less. The biological

reasons for this relationship are

unknown. NMFS plans to encourage

DGN fishers to convert their nets to 20–

inch (50.8 centimeters) mesh during the

Skipper Education Workshops.

The PCTRT recommended measures

to enhance the effectiveness of NMFS’

observer program, including: (1)

Achieving 20 percent observer coverage;

(2) ensuring that the observer program is

targeting all possible DGN vessels,

including vessels that cannot carry an

observer; and (3) ensuring that the

observer program data collection be

expanded to include several additional

data variables (i.e., net and

environmental characteristics). NMFS is

in the process of implementing these

measures within the constraints of

available funding.

The PCTRP recommended that data

be collected on oceanographic/

environmental variables that could be

used for predicting cetacean distribution

on a real-time basis and, possibly,

reducing marine mammal interactions

with the CA/OR DGN fishery. NMFS

intends to include this additional data

collection in its research program where

possible.

The PCTRP also identified an

additional 13 strategies that might

reduce bycatch of strategic marine

mammal stocks. These strategies were

either rejected by the PCTRT or held in

reserve for future consideration. If the

goals of section 118(f) of the MMPA

have not been met once the final PCTRP

has been implemented, these strategies

may be reconsidered by the PCTRT and

NMFS.

NMFS’ Proposed Change to the Plan

NMFS proposes to adopt the draft

plan as submitted, except for one minor

change with respect to strategy #2 (the

use of pingers). The PCTRT

recommended that this strategy be

mandatory if a downward trend in

overall cetacean bycatch could be

demonstrated as the result of the use of

pingers during the 1996/97 fishing

season. As discussed above, NMFS

decided to propose the mandatory use

of pingers before final results are

available. However, if the final results

from the pinger experiment indicate that

these devices are ineffective at reducing

cetacean bycatch in the CA/OR DGN

fishery, the use of pingers will not be

included in the final rule.

Comments are requested on all

aspects of the draft plan, NMFS’s

proposed change to the plan, and on the

proposed regulatory actions to

implement the plan.

Classification

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant impact on a

substantial number of small entities as

follows:

The cost of fishing line to implement a

minimum extender length of 6 fathoms (10.9

meters) is negligible, and swordfish catch

rates are not significantly different at various

depths. Travel costs to attend skipper

education workshops would be minimized

by having workshops scheduled at various

locations around the state and at various

times outside of the fishing season. The cost

of installing pingers on nets would be

approximately $1,640 per vessel, based on 41

pingers required at an average cost of $40 per

pinger. The cost of pingers could be offset by

reductions in marine mammal

entanglements, and subsequent reduction in

costs due to net damage or loss. As a result,

a regulatory flexibility analysis was not

prepared.

The Assistant Administrator for

Fisheries, NOAA (AA) has determined,

based on an EA prepared under the

National Environmental Policy Act, that

implementation of these regulations

would not have a significant impact on

the human environment. As a result of

this determination, an environmental

impact statement is not required. A

copy of the EA prepared for this rule is

available upon request (see ADDRESSES).

This proposed rule has been

determined to not be significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 229

Administrative practice and

procedure, Confidential business

information, Fisheries, Marine

mammals, Reporting and recordkeeping

requirements.

References

Barlow, J., R.L. Brownell Jr., D.P.

DeMaster, K.A. Forney, M.S. Lowry, S.

Osmek, T.J. Ragen, R.R. Reeves, and R.J.
6934 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules

Small. 1995. U.S. Pacific Marine

Mammal Stock Assessments. NOAA

Technical Memorandum NMFS, NOAATM-NMFS-SWFSC–219. 162 p.

Reeves, R.R., R.J. Hofman, G.K. Silber,

D. Wilkinson. 1996. Acoustic Deterrence

of Harmful Marine Mammal-Fishery

Interactions: Proceedings of a Workshop

held in Seattle, Washington, 20–22

March 1996. NOAA Technical

Memorandum, NMFS-OPR–10. 70 p.

PCTRP. 1996. Final Draft, Pacific

Offshore Cetacean Take Reduction Plan.

Draft plan submitted to the National

Marine Fisheries Service and prepared

by the Pacific Cetacean Take Reduction

Team. 75 p.

Dated: February 10, 1997.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 229 is proposed

to be amended as follows:

PART 229—AUTHORIZATION FOR

COMMERCIAL FISHERIES UNDER THE

MARINE MAMMAL PROTECTION ACT

OF 1972

1. The authority citation for part 229,

subpart C continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. In subpart C, sections 229.21 and

229.22 are added to read as follows:

§ 229.21 Basis.

Section 118(f)(9) of the Act authorizes

the Director, NMFS, to impose

regulations governing commercial

fishing operations where necessary to

implement a take reduction plan to

protect or restore a marine mammal

stock or species covered by such a plan.

§ 229.22 Pacific Offshore Cetacean Take

Reduction Plan.

(a) Purpose and scope. The purpose of

this section is to implement the Pacific

Offshore Cetacean Take Reduction Plan.

Sections 229.22(a) through (d) apply to

all drift gillnet fishing vessels operating

out of California or Oregon.

(b) Extenders. Extenders (buoy lines)

of less than 6 fathoms (36 feet; 10.9

meters) may not be used by drift gillnet

vessels operating out of California or

Oregon.

(c) Acoustic deterrent devices. (1) For

the purposes of this subpart, a pinger is

defined as an acoustic deterrent device.

(2) NMFS-approved pingers must be

used on all vessels, during every set,

and during the entire drift gillnet fishing

season. A NMFS-approved pinger is an

acoustic deterrent device which, when

immersed in water, broadcasts a sound

frequency range of 10 to 80 kHz at 132

dB re 1 micropascal at 1 meter with a

pulse duration of 300 milliseconds and

a pulse rate of 4 seconds.

(3) Pingers must be attached to both

the floatline and leadline and spaced no

more than 300 feet (90.9 meters) apart.

Pingers on the floatline and leadline

must be staggered, such that the

horizontal distance between a pinger on

the floatline and a pinger on the

leadline is no more than 150 feet (45.5

meters).

(4) The pingers must be operational

and functioning at all times during

deployment.

(5) If requested, NMFS may authorize

the use of pingers with specifications

differing from those set forth in section

229.21(c)(2) for limited, experimental

purposes within a single fishing season.

(d) Skipper education workshops.

After notification from NMFS, vessel

operators must attend a Pacific Offshore

Cetacean skipper workshop before

commencing fishing each fishing

season. For purposes of this

requirement, the fishing season shall be

deemed to begin May 1 and end on

January 31 of the following year. NMFS

may waive the requirement to attend

these workshops by notice to all vessel

operators.

[FR Doc. 97–3808 Filed 2–13–97; 8:45 am]

BILLING CODE 3510–22–F

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.

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

Misio ́n 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

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, 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