[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Proposed Rules]
[Pages 66584-66591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33217]


=======================================================================
-----------------------------------------------------------------------

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 3\1/2\), 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

[[Page 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

[[Page 66586]]

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).

[[Page 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 well-being 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 high-energy 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

[[Page 66588]]

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 
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 (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 deg.24' North to 18 deg.14' North and east to west by 65 deg.11' 
West and 65 deg.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 deg.13' North to 18 deg.00' North and east to west by 67 deg.48' 
West and 68 deg.01' West.

    Note: Figures 1 and 2 will not be published in the Code of 
Federal Regulations.

BILLING CODE 3510-22-P

[[Page 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
[GRAPHIC] [TIFF OMITTED] TP19DE97.018


[[Page 66590]]



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
[GRAPHIC] [TIFF OMITTED] TP19DE97.019


BILLING CODE 3510-22-C

[[Page 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 
Sec. 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:


Sec. 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 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.
    (b) [Reserved]


Sec. 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]
BILLING CODE 3510-22-P