[Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
[Rules and Regulations]
[Pages 46693-46701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23533]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 971124276-8202-02; I.D. No. 110797B]
RIN 0648-AH88


Designated Critical Habitat; Green and Hawksbill Sea Turtles

AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce.

ACTION: Final rule.

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SUMMARY: Pursuant to the Endangered Species Act of 1973 (ESA), NMFS is

[[Page 46694]]

designating critical habitat for the threatened green sea turtle 
(Chelonia mydas) to include coastal waters surrounding Culebra Island, 
Puerto Rico, and the endangered hawksbill sea turtle (Eretmochelys 
imbricata) to include coastal waters surrounding Mona and Monito 
Islands, Puerto Rico. This 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: Effective October 2, 1998.

ADDRESSES: Requests for copies of this final rule and/or the 
Environmental Assessment (EA) 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 
Colleen Coogan, 727-570-5312.

SUPPLEMENTARY INFORMATION:

Background

    Green and hawksbill turtles are largely restricted to tropical and 
subtropical waters. Once abundant throughout the Caribbean, green and 
hawksbill turtle populations have diminished significantly from 
historic levels. In response to this decline, the green turtle was 
listed as threatened under the ESA, except for the Florida and Pacific 
coast of Mexico breeding populations, which are listed as endangered, 
on July 28, 1978 (43 FR 32800), and the hawksbill turtle was listed as 
endangered throughout its range on June 2, 1970 (35 FR 8495).
    Green and hawksbill turtles, as well as other marine turtle 
species, are also 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.
    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 the 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.
    On December 19, 1997, NMFS published a proposed rule (62 FR 66584) 
to designate critical habitat for the green turtle to include coastal 
waters out to 3 nautical miles (nm) surrounding Culebra Island, Puerto 
Rico, and for the hawksbill turtle to include coastal waters out to 3 
nm surrounding Mona and Monito Islands, Puerto Rico.
    NMFS also completed an EA, pursuant to the National Environmental 
Policy Act, to evaluate both the environmental and economic impacts of 
the proposed critical habitat designation. The EA resulted in a finding 
of no significant impact for the proposed action.
    The proposed rule provided for a 60-day public comment period. 
During the comment period, public hearings were held in Mayaguez, 
Puerto Rico, on January 26, 1998, in San Juan, Puerto Rico, on January 
27, 1998, and in Culebra, Puerto Rico, on January 29, 1998. After 
consideration of the public comments, NMFS is designating critical 
habitat for green and hawksbill turtles as described in the proposed 
rule (see Proposed Critical Habitat; Geographic Extent section of this 
rule).
    In accordance with the July 18, 1977, Memorandum of Understanding 
between NMFS and the U.S. Fish and Wildlife Service (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.

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 documents 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.
    Green turtles are 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.
    The coastal waters of Culebra also provide habitat for hawksbill 
and leatherback turtles. Hawksbill turtles forage extensively on the 
nearby reefs, and both hawksbills and leatherbacks use Culebra's 
coastal waters to access

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nesting beaches. Culebra and St. Croix beaches have the greatest 
density of leatherback nests within U.S. waters.
    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).

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 document 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, illegal 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 suggests 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.
    Hawksbills depend on coral reefs for food and shelter; therefore, 
the condition of reefs directly affects the hawksbill's well-being. 
Destruction of coral reefs due to deteriorating water quality and 
vessel anchoring, striking, or grounding is a growing problem.
    Mona and Monito Islands are uninhabited natural reserves managed by 
the Puerto Rico Department of Natural and Environmental Resources. 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). 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). Recent genetic studies 
indicate that this resident population 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 to other species.
    Nesting within the southeastern United States occurs principally in 
Puerto Rico and in the U.S. Virgin Islands, with 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.
    The waters surrounding Mona Island also 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.

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

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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)).

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 such episodic natural stresses 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 (EPA) to 
manage freshwater discharges into waterways; regulation of vessel 
traffic by the U.S. Coast Guard; U.S. Navy activities; authorization of 
oil and gas exploration by the Minerals Management Service (MMS); 
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 EPA, the U.S. Coast Guard, the U.S. Navy, the MMS, and NOAA. This 
designation provides 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, the 
boundaries of that habitat, and the protection provided for that 
habitat by the interagency consultation process, pursuant to section 7 
of the ESA. 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.

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 critical habitat designation 
requires 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 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

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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 also assists 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.

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 the 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 final 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 in 
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 designated as critical or not) that significantly 
impairs essential behaviors, including breeding, feeding, or 
sheltering.

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 final 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 economic impacts associated with this critical 
habitat designation.

Summary of Comments Received in Response to the Proposed Rule

    NMFS solicited information and comments from the public (62 FR 
6934, February 14, 1997 and 62 FR 66584, December 19, 1997), and 
considered all comments received during the public comment period 
(ending on February 17, 1998) to make this final determination.
    During the comment period, NMFS held three public hearings on the 
proposed rule. During the public hearings, five oral testimonies and 
nine written comments were received from private citizens, government 
officials and environmental organizations. No comments were received on 
the proposed rule outside the realm of the public hearings.
    The testimony and comments received during the public hearings 
generally fell into one of the following categories: (1) Those who were 
in favor of the designation as proposed; (2) those who were in favor of 
the designation as proposed, but recommended that additional areas be 
considered for designation; and (3) those who were in favor of the 
designation, but concerned about the possibility of future use 
restrictions in the designated areas. Comments are addressed by 
category as follows:
    Category 1: Those who were in favor of the designation as proposed. 
Several comments supported the designation as proposed, discussing the 
importance of habitat protection in the proposed areas.
    Response: NMFS agrees that habitat protection is vital to the 
recovery and conservation of listed species and is, therefore, 
designating critical habitat for green and hawksbill turtles as 
proposed.
    Category 2: Those who were in favor of the designation as proposed, 
but recommended that additional areas be considered for designation. 
Several commenters recommended that, in addition to the areas proposed 
for designation, other areas in Puerto Rico and the Caribbean should be 
considered for critical habitat designation as well. One commenter 
recommended that Culebra, Mona, and Monito islands be designated for 
both green and hawksbill turtles rather than as proposed, and another 
commenter asked why NMFS had not considered protection for Vieques 
Island, located approximately 9 miles south of Culebra.
    Response: NMFS was originally petitioned to designate critical 
habitat to include only the waters surrounding the Islands of the 
Culebra Archipelago for both green and hawksbill turtles. In the 
Federal Register document announcing receipt of the petition (62 FR 
6934, February 14, 1997), NMFS requested additional information 
regarding other areas in the Caribbean where the designation of 
critical habitat for listed sea turtle species may be warranted. During 
review of the petition, NMFS determined that there were not enough data 
to support the inclusion of Culebra as critical habitat for hawksbill 
turtles; however, NMFS determined that there was substantial 
information, from other sources, to conclude that Mona and Monito 
Islands warranted designation as critical habitat for this species.
    NMFS does not have information to support the inclusion of other 
areas in Puerto Rico and the Caribbean in this critical habitat 
designation. However, when NMFS acquires information to support the 
designation of critical habitat for green and hawksbill turtles in 
areas not covered by this designation, that information will be 
considered and, if warranted, NMFS will propose a modification to this 
designation.
    Category 3: Those who were in favor of the designation, but 
concerned about

[[Page 46698]]

the possibility of future use restrictions in the designated areas. One 
commenter expressed concern that future use of the designated areas by 
the public, fisherman, and the tourism industry may be restricted.
    Response: NMFS has not proposed any special management actions for 
the designated critical habitat areas. If NMFS determines that certain 
management considerations, such as those listed in the Need for Special 
Management Considerations or Protections section of this final rule, 
are necessary to sufficiently protect the designated habitat areas, 
NMFS will propose a separate regulation, which will include a public 
comment period and public hearings.

Critical Habitat; Geographic Extent

    NMFS is designating the waters surrounding Culebra, Mona, and 
Monito Islands, Puerto Rico, as critical habitat necessary for the 
continued survival and recovery of green and hawksbill turtles in the 
region. 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.
    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 46699]]

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] TR02SE98.000


[[Page 46700]]



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] TR02SE98.001


BILLING CODE 3510-22-C

[[Page 46701]]

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 is designating 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.
    Accordingly, 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 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. No comments were received regarding this 
certification. As a result, no regulatory flexibility analysis was 
prepared.
    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 critical 
habitat designation, NMFS prepared an EA. Copies of the assessment are 
available upon 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: August 26, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth in the preamble, 50 CFR part 226 is 
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. 98-23533 Filed 9-1-98; 8:45 am]
BILLING CODE 3510-22-P