Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2022-0164; FF09E21000 FXES1111090FEDR 234]

RIN 1018-BG81

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule; announcement of public hearings.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to designate critical habitat for five distinct population segments (DPSs) of the green sea turtle (

Chelonia mydas

) under the Endangered Species Act of 1973, as amended (ESA or Act). The five DPSs include the federally threatened North Atlantic, South Atlantic, and Central North Pacific DPSs and the federally endangered Central South Pacific and Central West Pacific DPSs. In total, approximately 8,870 acres (ac) (3,590 hectares (ha)) are proposed across 101 units in the States of Florida and Hawai'i; the territories of the U.S. Virgin Islands, American Samoa, and Guam; the commonwealths of Puerto Rico and the Northern Mariana Islands, and two USFWS-managed areas (Midway Islands and Palmyra Atoll). We also announce five public informational meetings and public hearings and the availability of a draft economic analysis of the proposed critical habitat designation for the terrestrial areas included in this proposed rule. Elsewhere in today's

Federal Register,

the National Marine Fisheries Service (NMFS) is also proposing to designate specific areas in the marine environment as critical habitat for DPSs of the green sea turtle.

DATES:

Public informational meetings and public hearings:

We will hold five public informational meetings followed by public hearings on:

(1) Central North Pacific DPS—Hawai'i: August 10, 2023, from 6 p.m. to 8 p.m., Hawai'i-Aleutian time;

(2) Central South Pacific DPS—Tutuila: August 16, 2023, from 6 p.m. to 8 p.m., Samoan time;

(3) Central West Pacific DPS—Guam: August 21, 2023, from 6 p.m. to 8 p.m., Chamorro time;

(4) Central West Pacific DPS—Saipan: August 23, 2023, from 6 p.m. to 8 p.m., Chamorro time;

(5) North and South Atlantic DPSs—Florida, Puerto Rico and U.S. Virgin Islands: August 29, 2023, from 6 p.m. to 8 p.m., eastern time.

Comment submission:

We will accept comments received or postmarked on or before October 17, 2023. Comments submitted electronically using the Federal eRulemaking Portal (see

ADDRESSES

, below) must be received by 11:59 p.m. eastern time on the closing date.

ADDRESSES:

Public informational meetings and public hearings:

• For the Central North Pacific DPS, the North Atlantic DPS, and the South Atlantic DPS: We are holding public informational meetings and public hearings via the Zoom online video platform and via teleconference so that participants can attend remotely.

• For the Central South Pacific DPS and Central West Pacific DPS: We are holding public informational meetings and public hearings in-person on Tutuila (Central South Pacific DPS), Guam (Central West Pacific DPS), and Saipan (Central West Pacific DPS).

For additional information, see

Public Hearings,

below, under

SUPPLEMENTARY INFORMATION

.

Comment submission:

You may submit comments by one of the following methods:

(1)

Electronically:

Go to the Federal eRulemaking Portal:

https://www.regulations.gov.

In the Search box, enter FWS-R4-ES-2022-0164, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on “Comment.”

(2)

By hard copy:

Submit by U.S. mail to: Public Comments Processing, Attn: FWS-R4-ES-2022-0164, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

We request that you send comments only by the methods described above. We will post all comments on

https://www.regulations.gov

. This generally means that we will post any personal information you provide us (see Information Requested, below, for more information).

Availability of supporting materials:

Supporting materials (such as the draft economic analysis and supporting Methodology document) are available on the USFWS's website at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle,

at

https://www.regulations.gov

at Docket No. FWS-R4-ES-2022-0164, or both. For the proposed critical habitat designation, the coordinates or plot points or both from which the maps are generated are included in the decision file for this proposed critical habitat designation and are available at

https://www.regulations.gov

at Docket No. FWS-R4-ES-2022-0164 and on the USFWS's website at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

FOR FURTHER INFORMATION CONTACT:

For the Central North Pacific, Central South Pacific, and Central West Pacific DPSs: Earl W. Campbell, Project Leader, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96850; by telephone 808-792-9400. For the North Atlantic and South Atlantic DPSs: Lourdes Mena, Classification and Recovery Division Manager, U.S. Fish and Wildlife Service, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by telephone 904-731-3134. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule.

Under the Act, when we determine that any species warrants listing as an endangered or threatened species, we are required to designate critical habitat, to the maximum extent prudent and determinable. Designations of critical habitat can be completed only by issuing a rule through the Administrative Procedure Act rulemaking process (5 U.S.C. 551

et seq.

).

What this document does.

This document proposes specific areas in the terrestrial environment as critical habitat for five DPSs of green sea turtle (hereafter referred to as “green turtle”), which is a circumglobal reptile that is listed as a threatened species in the North Atlantic, South Atlantic, and Central North Pacific DPSs, and listed as an endangered species in the Central South Pacific and Central West Pacific DPSs. The proposed critical habitat areas occur in portions of two States (Florida and Hawai'i), three U.S. territories (U.S. Virgin Islands, American Samoa, and Guam), two U.S.

commonwealths (Puerto Rico and Northern Mariana Islands), and two areas (Midway Islands and Palmyra Atoll) administered by the Department of the Interior's USFWS Refuge System.

The basis for our action.

Section 4(a)(3) of the Act requires the Secretary of the Interior (Secretary), to the maximum extent prudent and determinable, to designate critical habitat concurrent with listing. Section 3(5)(A) of the Act defines critical habitat as (i) the specific areas within the geographical area occupied by the species, at the time it is listed, 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 protections; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species. Section 4(b)(2) of the Act states that the Secretary must make the designation on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impacts of specifying any particular area as critical habitat.

Acronyms and Abbreviations Used in This Proposed Rule

For the convenience of the reader, listed below are some of the acronyms and abbreviations used in this proposed rule:

Act = Endangered Species Act

BAFS = Bellows Air Force Station

CNMI = Commonwealth of the Northern Mariana Islands

Corps = U.S. Army Corps of Engineers

DEA = draft economic analysis

DHS = Department of Homeland Security

DLNR = Department of Land and Natural Resources

DNER = Department of Natural and Environmental Resources

DoD = Department of Defense

DPS = distinct population segment

FDEP = Florida Department of Environmental Protection

GDoAg = Guam Department of Agriculture

GIS = geographic information system

GTM = Guana Tolomato Matanzas

HCP = habitat conservation plan

HDLNR = Hawai'i Department of Land and Natural Resources

HDOFAW = Hawai'i Division of Forestry and Wildlife

HDSP = Hawai'i Division of State Parks

IEM = incremental effects memorandum

INRMP = integrated natural resources management plan

IPCC = Intergovernmental Panel on Climate Change

MHWL = mean high-water line

NMFS = National Marine Fisheries Service

NOAA = National Oceanic and Atmospheric Administration

NPS = U.S. National Park Service

NWR = National Wildlife Refuge

PBF = physical or biological features

Service and USFWS = U.S. Fish and Wildlife Service

SSA = species status assessment

TNC = The Nature Conservancy

USCCSP = U.S. Climate Change Science Program

STXEEMP = St. Croix East End Marine Park

USGS = U.S. Geological Survey

UXO = unexploded ordnance

Information Requested

We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning:

(1) Specific information on:

(a) The amount and distribution of green turtle basking habitat in the Central North Pacific DPS and nesting habitat in all five DPSs;

(b) Any additional areas occurring within the range of the five DPSs of green turtles that should be included in the designation because they (i) are occupied at the time of listing and contain the physical or biological features (PBFs) that are essential to the conservation of the species and that may require special management considerations, or (ii) are unoccupied at the time of listing and are essential for the conservation of the species;

(c) The boundaries of specific areas and proposed critical habitat units;

(d) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and

(e) Whether occupied areas are adequate for the conservation of the species, as this will help us evaluate the potential to include areas not occupied at the time of listing. Additionally, please provide specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one PBF essential to the conservation of the species. We also seek comments or information regarding whether areas not occupied at the time of listing qualify as habitat for the species.

(2) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat, including information regarding the types of Federal actions that may trigger an ESA section 7 consultation and potential conservation measures to avoid and minimize impacts to the critical habitat designation that are different from those to avoid and minimize impacts to the species.

(3) Information on the projected impacts of climate change on the green turtle's proposed critical habitat.

(4) Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the related benefits of including or excluding specific areas.

(5) Information on the extent to which the description of probable economic impacts in the draft economic analysis (DEA) is a reasonable estimate of the likely economic impacts, including:

(a) Whether any data used in the economic analysis needs to be updated;

(b) Additional costs arising specifically from the designation of critical habitat that have not been identified in the DEA or improved cost estimates for activities that are included in the DEA;

(c) Information on the potential for incremental costs to occur outside of the section 7 consultation process. These types of costs may include triggering additional requirements or project modifications under other laws or regulations, and perceptional effects on markets; and,

(d) Information on non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, that may be indirectly impacted by the designation of critical habitat.

(6) Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4(b)(2) of the Act, in particular those based on a conservation program or plan, and why. These may include Tribal, State/Territory/Commonwealth, county, local, or private lands with permitted conservation plans covering the species in the area such as habitat conservation plans, safe harbor agreements, or conservation easements, or non-permitted conservation agreements and partnerships that would be encouraged by designation of, or exclusion from, critical habitat. If you think we should exclude any additional areas, please provide information supporting a

benefit of exclusion. Detailed information regarding these plans, agreements, easements, and partnerships is also requested, including:

(a) The location and size of lands covered by the plan, agreement, easement, or partnership;

(b) The duration of the plan, agreement, easement, or partnership;

(c) Who holds or manages the land;

(d) What management activities are conducted;

(e) What land uses are allowable; and

(f) If management activities are beneficial to the green turtle and its habitat.

(7) Information on any specific areas that we have identified as “uncategorized” land ownership in the three Pacific DPSs, or any information on possible private lands ownership in the South Atlantic DPS or within Puerto Rico in the North Atlantic DPS that may currently be included within territory ownership.

(8) Whether the benefits of exclusion outweigh the benefits of inclusion as critical habitat for lands within the Indian River County Habitat Conservation Plan (HCP) that are considered for exclusion under section 4(b)(2) of the Act in this proposed rule.

(9) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.

Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include.

Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, do not provide substantial information necessary to support a determination. Section 4(b)(2) of the Act directs that the Secretary shall designate critical habitat on the basis of the best scientific data available.

You may submit your comments and materials concerning this proposed rule by one of the methods listed in

ADDRESSES

. We request that you send comments only by the methods described in

ADDRESSES

. Please note that we will address, in the USFWS's final rule, only those comments directly related to the terrestrial areas (

i.e.,

basking habitat in the Central North Pacific DPS, and nesting habitat in the Central North Pacific, Central South Pacific, Central West Pacific, North Atlantic, and South Atlantic DPSs) that are described in this proposed critical habitat designation. Any comments related to NMFS's proposed critical habitat designation of the green turtle's marine environment, which published elsewhere in today's

Federal Register

, should be provided to NMFS (available on the internet at

https://www.regulations.gov,

NOAA-NMFS-2023-0087).

If you submit information via

https://www.regulations.gov,

your entire submission—including any personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on

https://www.regulations.gov.

Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on

https://www.regulations.gov.

Our final determination may differ from this proposal because we will consider all comments we receive during the comment period related to the proposed critical habitat designation in the terrestrial environment as well as any information that may become available after this proposal. Based on the new information we receive (and any comments on that new information), our final designation may not include all areas proposed, may include some additional areas that meet the definition of critical habitat, or may exclude some areas if we find the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species. In our final rule, we will clearly explain our rationale and the basis for our final decision, including why we made changes, if any, that differ from this proposal.

Public Hearings

Section 4(b)(5) of the Act provides for a public hearing on this proposal, if requested. At this time, we have preemptively scheduled five public informational meetings and public hearings on this proposed rule. Each of these meetings will include both USFWS and NMFS, providing opportunities for participation regarding both our proposed critical habitat in the terrestrial environment (as described in this document) and the corresponding proposed critical habitat in the marine environment that NMFS has published elsewhere in today's

Federal Register

(see

https://www.regulations.gov,

NOAA-NMFS-2023-0087). We will hold the public informational meetings and public hearings on the dates and at the times listed above under

Public informational meetings and public hearings

in

DATES

.

• For the Central North Pacific DPS, the North Atlantic DPS, and the South Atlantic DPS: We are holding public informational meetings and public hearings via the Zoom online video platform and via teleconference so that participants can attend remotely. For security purposes, registration is required. You must register in order to listen and view a hearing via Zoom, listen to the hearing by telephone, or provide oral public comments at a public hearing by Zoom or telephone. For information on how to register, or if remote participants encounter problems joining Zoom the day of the hearing(s), visit

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

Registrants will receive the Zoom link and the telephone number for the public hearing that they request to attend. If applicable, interested members of the public not familiar with the Zoom platform should view the Zoom video tutorials (

https://learn-zoom.us/show-me

) prior to the public hearing.

• For the Central South Pacific DPS and Central West Pacific DPS: We are holding public informational meetings and public hearings in-person on Tutuila (Central South Pacific DPS), Guam (Central West Pacific DPS), and Saipan (Central West Pacific DPS). For information on meeting locations, visit

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

The public hearings will provide interested parties an opportunity to present verbal testimony (formal, oral comments) regarding this proposed rule to designate critical habitat within basking habitat areas (only within the Central North Pacific DPS) and nesting habitat areas in all the DPSs (

i.e.,

only the terrestrial environment used by green turtles). Informational meetings will be held prior to each public hearing for each of the DPSs. While public informational meetings will be opportunities for dialogue with the USFWS and NMFS, the public hearings are not. Rather, a public hearing is a forum for accepting formal verbal testimony. In the event there is a large attendance, the time allotted for oral statements may be limited. Therefore, anyone wishing to make an oral statement at a public hearing for the record is encouraged to provide a prepared written copy of their statement to us through the Federal eRulemaking

Portal, or U.S. mail (see

ADDRESSES

, above). There are no limits on the length of written comments submitted to us. Anyone wishing to make an oral statement at a public hearing must register before the hearing at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

The use of virtual public hearings is consistent with our regulations at 50 CFR 424.16(c)(3).

Reasonable Accommodation

The USFWS is committed to providing access to the public informational meetings and public hearings for all participants. The virtual public informational meetings and public hearings held for the Central North Pacific DPS, the North Atlantic DPS, and the South Atlantic DPS will make closed captioning available during the meetings and hearings, and a full audio and video recording and transcript will be posted online at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

Additionally, participants will also have access to live audio during these public informational meetings and public hearings via their telephone or computer speakers. For the in-person public informational meetings and public hearings held for the Central South Pacific DPS and the Central West Pacific DPS, we will provide a transcript to be posted online at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

Persons with disabilities requiring reasonable accommodations to participate in the meetings and/or public hearings should contact the relevant person listed under

FOR FURTHER INFORMATION CONTACT

at least 5 business days prior to the date of the hearing they wish to attend to help ensure availability. An accessible version of the USFWS's public informational presentations provided at the beginning of the public informational meetings (prior to the public hearings) will also be posted online at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle

(see

DATES

, above). See

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle

for more information about reasonable accommodation.

Previous Federal Actions

It is our intent to discuss only those topics directly relevant to the designation of critical habitat for the terrestrial environment used by green turtles within the associated DPSs in this document. For more information on the taxonomy, biology, and ecology of the green turtle or its habitat, refer to the final listing rule for the 11 green turtle DPSs published in the

Federal Register

on April 6, 2016 (81 FR 20058), available online at

https://www.regulations.gov

(at Docket No. 120425024-6232-06). Additionally, for more information on the green turtle's habitat in the marine environment, refer to NMFS's proposed critical habitat designation for the marine environment that is published elsewhere in today's

Federal Register

at

https://www.regulations.gov

(NOAA-NMFS-2023-0087).

On January 8, 2020, the Center for Biological Diversity, Sea Turtle Oversight Protection, and Turtle Island Restoration Network (Plaintiffs) filed a complaint (Case 1:20-cv-00036) alleging that the USFWS and NMFS violated the Act by failing to comply with the statutory deadline for designating critical habitat for six DPSs listed on April 6, 2016 (81 FR 20058). On August 20, 2020, the parties entered into a stipulated settlement agreement, which was subsequently approved by the Court, whereby the USFWS and NMFS agreed to submit to the

Federal Register

proposed critical habitat designations for the six DPSs at issue in the complaint on or before June 30, 2023. In compliance with the settlement agreement, this document constitutes the proposed critical habitat designation for the five DPSs of green turtle where the USFWS has jurisdiction to designate critical habitat.

Peer Review

In accordance with our joint policy on peer review published in the

Federal Register

on July 1, 1994 (59 FR 34270), and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we are soliciting independent scientific review of this proposed critical habitat designation (including the supplemental “Methodology” document (USFWS 2023, entire) available on the internet at

https://www.regulations.gov

under Docket No. FWS-R4-ES-2022-0164 and at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle

) to ensure that this proposal is based on scientifically sound data and analysis. We have invited peer reviewers to comment on our specific assumptions, methodology, and science used in this proposed rule, and we will consider any comments received, as appropriate, before a final agency determination.

Background

Critical habitat is defined in section 3 of the Act as:

(1) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the Act, on which are found those physical or biological features

(a) Essential to the conservation of the species, and

(b) Which may require special management considerations or protection; and

(2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Our regulations at 50 CFR 424.02 define the geographical area occupied by the species as an area that may generally be delineated around species' occurrences, as determined by the Secretary (

i.e.,

range). Such areas may include those areas used throughout all or part of the species' life cycle, even if not used on a regular basis (

e.g.,

migratory corridors, seasonal habitats, and habitats used periodically, but not solely, by vagrant individuals).

Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.

Critical habitat receives protection under section 7 of the Act through the requirement that each Federal action agency ensure, in consultation with the USFWS, that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of designated critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation also does not allow the government or public to access private lands. Such designation does not require implementation of restoration, recovery, or enhancement measures by non-Federal landowners. Rather, designation requires that, where a landowner requests Federal agency funding or authorization for an action

that may affect an area designated as critical habitat, the Federal agency consult with the USFWS under section 7(a)(2) of the Act. If the action may affect the listed species itself (such as for occupied critical habitat), the Federal agency would have already been required to consult with the Service even absent the designation because of the requirement to ensure that the action is not likely to jeopardize the continued existence of the species. Even if the USFWS were to conclude after consultation that the proposed activity is likely to result in destruction or adverse modification of the critical habitat, the Federal action agency and the landowner are not required to abandon the proposed activity, or to restore or recover the species; instead, they must implement “reasonable and prudent alternatives” to avoid destruction or adverse modification of critical habitat.

Under the first prong of the Act's definition of critical habitat, areas within the geographical area occupied by the species at the time it was listed are included in a critical habitat designation if they contain PBFs (1) which are essential to the conservation of the species and (2) which may require special management considerations or protection. For these areas, critical habitat designations identify, to the extent known using the best scientific and commercial data available, those PBFs that are essential to the conservation of the species (such as space, food, cover, and protected habitat).

Under the second prong of the Act's definition of critical habitat, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Further, our Policy on Information Standards Under the Endangered Species Act (published in the

Federal Register

on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.

Our primary sources of information are described in the 2016 final listing rule for the 11 DPSs, new information available since that time as referenced in this document, as well as our supporting “Methodology” document available on the internet at

https://www.regulations.gov

at Docket No. FWS-R4-ES-2022-0164 and on the USFWS's website at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

Additional information sources may include any generalized conservation strategy, criteria, or outline that may have been developed for the species; the recovery plan(s) for the species; articles in peer-reviewed journals; conservation plans developed by States and counties; scientific status surveys and studies; biological assessments; other unpublished materials; or experts' opinions or personal knowledge.

Habitat is dynamic, and species may move from one area to another over time. We recognize that critical habitat designated at a particular point in time may not include all of the habitat areas that we may later determine are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not be needed for recovery of the species. Areas that are important to the conservation of the species, both inside and outside the critical habitat designation, will continue to be subject to: (1) Conservation actions implemented under section 7(a)(1) of the Act; (2) regulatory protections afforded by the requirement in section 7(a)(2) of the Act for Federal agencies to ensure their actions are not likely to jeopardize the continued existence of any endangered or threatened species; and (3) the prohibitions found in section 9 of the Act. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. These protections and conservation tools will continue to contribute to recovery of the species. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, HCPs, or other species conservation planning efforts if new information available at the time of those planning efforts calls for a different outcome.

Prudency and Determinability

Section 4(a)(3) of the Act, as amended, and implementing regulations (50 CFR 424.12) require that, to the maximum extent prudent and determinable, the Secretary shall designate critical habitat at the time the species is determined to be an endangered or threatened species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary may, but is not required to, determine that a designation would not be prudent in the following circumstances:

(i) The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species;

(ii) The present or threatened destruction, modification, or curtailment of a species' habitat or range is not a threat to the species, or threats to the species' habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7(a)(2) of the Act;

(iii) Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States;

(iv) No areas meet the definition of critical habitat; or

(v) The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available.

As discussed in the final listing rule published in

Federal Register

(81 FR 20058, April 6, 2016) and reaffirmed here, identification and mapping of critical habitat is not expected to initiate or increase the threat of collection or vandalism (Factor B) of green turtles in the terrestrial environment. The present or threatened destruction, modification, or curtailment of habitat or range is a threat to green turtles, and those threats in some way can be addressed by section 7(a)(2) consultation measures. Additionally, although the species is circumglobal and thus occurs outside of the United States, the areas within the jurisdiction of the United States serve a significant conservation value to the species for each of the five DPSs. Our analysis of the best available scientific and commercial information indicates there are areas within the range of each of the five DPSs in the United States that meet the definition of critical habitat. Therefore, because none of the circumstances enumerated in our regulations at 50 CFR 424.12(a)(1) have been met and because the Secretary has not identified other circumstances for

which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for the green turtle. This document addresses the designation of critical habitat within the green turtle's terrestrial environment for the five DPSs.

Physical or Biological Features Essential to the Conservation of the Species

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas we will designate as critical habitat from within the geographical area occupied by the species at the time of listing, we consider the PBFs that are essential to the conservation of the species and which may require special management considerations or protection. The regulations at 50 CFR 424.02 define “physical or biological features essential to the conservation of the species” as the features that occur in specific areas and that are essential to support the life-history needs of the species, including, but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. For example, physical features essential to the conservation of the species might include gravel of a particular size required for spawning, alkaline soil for seed germination, protective cover for migration, or susceptibility to flooding or fire that maintains necessary early-successional habitat characteristics. Biological features might include prey species, forage grasses, specific kinds or ages of trees for roosting or nesting, symbiotic fungi, or absence of a particular level of nonnative species consistent with conservation needs of the listed species. The features may also be combinations of habitat characteristics and may encompass the relationship between characteristics or the necessary amount of a characteristic essential to support the life history of the species.

In considering whether features are essential to the conservation of the species, we may consider an appropriate quality, quantity, and spatial and temporal arrangement of habitat characteristics in the context of the life-history needs, condition, and status of the species. These characteristics include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing (or development) of offspring; and habitats that are protected from disturbance.

We derive specific PBFs essential for the green turtle's terrestrial environment from studies of this species' habitat, ecology, and life history as described below. Additional information is in the final listing rule published in the

Federal Register

on April 6, 2016 (81 FR 20058), and the Status Review of the Green Turtle (

Chelonia mydas

) Under the Endangered Species Act (Seminoff et al. 2015, entire).

Based on recovery criteria described in the Recovery Plan for U.S. Population of Atlantic Green Turtle (NMFS and USFWS 1991, entire), the Recovery Plan for U.S. Pacific Populations of the Green Turtle (NMFS and USFWS 1998, entire), and the Status Review of the Green Turtle (

Chelonia mydas

) Under the Endangered Species Act (Seminoff et al. 2015, entire), we have determined that it is important to conserve the following terrestrial environments for green turtles:

(1) Beaches that have the greatest aggregation, numerically, considering number of crawls (turtle tracks) counted on a beach, or clumping of nests, tracks, crawl occurrences, or numbers of basking green turtles determined from a GIS analysis of the best available scientific data, or USFWS consideration of records documenting turtle nesting and basking activities (the latter only in the Central North Pacific DPS) in each of the five DPSs, or the beaches serve as internesting habitats with the greatest aggregation of nesting for the DPSs, and they are well distributed within each DPS and representative of total nesting within the DPS. Additionally, these areas include “important nesting” areas for all DPSs and “important basking areas” for the Central North Pacific DPS as determined by a review of recovery plans, 5-year reviews, and best available science. See also our detailed methodology document (USFWS 2023, entire) available as supporting material at

https://www.regulations.gov

at Docket No. FWS-R4-ES-2022-0164).

(2) Beaches with the most basking turtles when compared with other available beaches in the Central North Pacific DPS.

(3) Beaches that have a geographic spatial distribution of nesting to ensure protection of genetic diversity.

(4) Beaches that can serve as expansion areas and provide sufficient habitat for internesting (

i.e.,

areas that support placement of multiple nests by individual turtles along an undefined stretch of beach during a nesting season), and basking turtles as populations recover.

Generally, for areas where the greatest nesting occurs (Florida), we determined the average nest density (nests/year/kilometer (km)) per surveyed beach using a 10-year nesting dataset (2011-2020). Any surveyed beach with zero total nests was removed from further analysis. Within each management unit, average beach densities were separated into quartiles—four parts, each containing a quarter of the density values—to develop density classifications. For other areas outside of Florida with less available data or infrequent surveys (

i.e.,

all DPSs except the Florida portion of the North Atlantic DPS), we conducted extensive literature reviews, and obtained and used available survey data from states, territories, commonwealths, and other organizations. We made determinations based on review of this best available science of where the green turtles are aggregating in abundance for nesting and basking, designating critical habitat segments along those important areas.

Sites for Breeding, Reproduction, or Rearing (or Development) of Offspring

A successful reproductive season for green turtles relies on synergism of (1) effects of foraging area ecological conditions on the energetics of females (they have gained sufficient nutrition, including internal fat stores, to migrate and mobilize fats into eggs), and (2) beach environmental conditions facilitating female turtle emergence onto and travel across the beach to an area above the high tidelines for nest placement. These beaches must be able to support development of embryos, hatching of eggs, hatchling emergence from eggs and sand substrate, and hatchlings traversing across sand to sea. Female green turtles migrate to nesting beaches if the quality and quantity of food in foraging areas are sufficient to provide nutritional resources needed for resource build-up within individual turtles over time required for their reproductive cycle, including migration (Georges et al. 1993, p. 2). Foraging likely contributes to increases of neutral, or storage sub-carapacial fat, fueling energetically costly migration and egg production (Kwan 1994, p. 257). Suitable beach structure for digging (Georges et al. 1993, p. 2) and nearby terrestrial internesting habitat (

i.e.,

sufficient availability of habitat to

support turtles nesting multiple times in a season and across different select areas of the beach landscape) is also required. Environmental surface and subsurface conditions of nesting beaches must favor embryonic development and survival (

i.e.,

modest temperature fluctuation to allow for temperature-dependent sex determination, adequate humidity so eggs are not desiccated, and exchange of water, oxygen, and carbon dioxide with other eggs in the clutch and surrounding environment (Ackerman 1997, entire; Mrosovsky and Yntema 1980, p. 276; Mortimer 1982, p. 49; Mortimer 1990, pp. 809 and 811). Additionally, hatchlings must emerge to onshore and offshore conditions that enhance their chances of survival (

e.g.,

less than 100 percent depredation, appropriate offshore currents for dispersal) (Georges et al. 1993, p. 2).

Terrestrial nesting habitat is the supralittoral zone, or area above the spring high tide line of beaches (West 2004, p. 572), where oviposition (egg laying), embryonic development, hatching, hatchling emergence through sand substrate to the beach surface, and the initial hatchling transit across the sand to sea occur. For instance, in Raudal, Mexico, low-sloped beaches including vegetated dunes where the distance between the ocean and the supralittoral zone is no greater than 66 feet (ft) (20 meters (m)) are most frequently chosen for nesting by green turtles (Zavaleta-Lizárraga et al. 2013, p. 934). On beaches from Patrick Space Force Base southward through the Archie Carr National Wildlife Refuge (NWR) in Brevard County, Florida, sea turtle nests occur in the sand within a swath greater than 3.3 ft (1 m) seaward from the dune line (generally defined where primarily sea oat (

Uniola paniculata

) vegetation is most seaward) and inland over 10 ft (3 m) from this dune line. Green turtles occasionally will nest on dunes. During a 3-year study conducted between 2014-2016, within two different study sections of natural beach in Archie Carr NWR, 11.7 percent and 17.9 percent of the nesting occurrences were on the dune, respectively, with the remaining nests placed seaward of the dunes (University of Central Florida Marine Turtle Research Group 2016, unpublished data; Mansfield 2022, pers. comm.). In an additional study during 2016, 30.2 percent of marked green turtle study nests were placed landward of the dune line (University of Central Florida Marine Turtle Research Group 2016, unpublished data; Mansfield 2022, pers. comm.).

For a beach to serve as nesting habitat, a nesting turtle must be able to access it; however, anthropogenic structures (

e.g.,

groins, jetties, breakwaters, retaining walls, hardened embankments), as well as natural features (

e.g.,

offshore sand bars, hardened shorelines) can act as barriers or deterrents to adult females attempting to access a beach (Seminoff et al. 2015, p. 93). Adult females approaching nesting beaches may encounter these structures and either crawl around them, abort nesting for that night, or move to another section of beach to nest. Plastic marine debris washed up on highly polluted green turtle nesting beaches is a suspected barrier for turtle nesting success (the proportion of nesting attempts that result in a nest) and hatchling access to the sea and has potential to cause threats including entanglement and entrapment (Gündoğdu et al. 2019, p. 143). Increasingly abundant, large mats of sargasso macroalgae washed onto beaches have been barriers, impeding nesting turtle access on some areas of Mexico, Barbados, and Puerto Rico (Chávez et al. 2020, p. 2; Langin 2018, p. 1,157). While not a significant concern on other beaches (Rodríguez-Martínez et al. 2021, pp. 1-7), this is an issue requiring further study on effects to green turtles.

Both nesting and hatchling sea turtles are adversely affected by presence of artificial lighting on or near beaches (Witherington and Martin 2000, pp. 2-5 and 12-13). Artificial lighting deters adult female green turtles from emerging from the ocean to nest, and green turtles emerging onto a beach abort nesting attempts at a greater frequency in lighted areas (Witherington 1992, pp. 34-37). Because adult females rely on visual brightness cues to find their way back to the ocean after nesting, those turtles that nest on artificially lighted beaches may become disoriented by artificial lighting and have difficulty finding their way back to the ocean (Witherington 1992, p. 38). Hatchling sea turtles have a robust seafinding behavior guided by visual cues (

e.g.,

Mrosovsky and Carr 1967, pp. 228-230; Dickerson and Nelson 1989, pp. 41-43; Salmon et al. 1992, pp. 72-75; Lohmann et al. 1997, pp. 110-116; Lohmann and Lohmann 2003, pp. 45-47). Hatchlings unable to find the ocean, or delayed in reaching it, due to turtles' strong attraction to artificial beachfront lighting visible on the nesting beach, are likely to incur high mortality from dehydration, exhaustion, or predation (Carr and Ogren 1960, pp. 33-46; Ehrhart and Witherington 1987, pp. 97-98; Witherington and Martin 2000, pp. 12-13). In general, any artificial light that can be seen from the beach could affect sea turtles, particularly if they are directly pointing to the nesting area; if the light fixture is not shaded to a certain degree; or if the light bulb emits a light below wavelengths that are generally amber, orange, or red. Therefore, green turtles need habitat that is dark and free from artificial lighting.

Habitats Protected From Disturbance or Representative of the Historical, Geographic, and Ecological Distributions of the Species

Sea turtle nesting habitat is part of the highly dynamic and continually shifting coastal system, which includes oceanfront beaches, barrier islands, and inlets. These geologically dynamic coastal regions are controlled by natural coastal processes, including littoral or longshore drift (processes by which sediments move along shorelines), onshore and offshore sand transport (natural erosion or accretion cycle), and tides and storm surge. These physical processes benefit sea turtles by maintaining nesting beaches through repeated cycles of destruction, alteration, and recovery of beaches and adjacent dune habitats. Coastal processes happen over a wide range of spatial and temporal scales. Wind, waves, tides, storms, and stream discharges are important driving forces in coastal zones (Dingler 2005, p. 163). Thus, it is important that, where it can be allowed, natural processes be maintained.

Coastal dynamic processes will be affected by accelerated sea level rise and an increase in intensity of coastal storms resulting from climate change. Rates of sea level rise have increased beyond those that have occurred over recent millennia and continue to accelerate (Intergovernmental Panel on Climate Change (IPCC) 2021, p. 77). Over the period 1901 to 2018, global mean sea level rose by 0.7 ft (0.2 m) (likely range of 0.5 to 0.8 ft (0.15 to 0.25 m)) (IPCC 2021, p. 77). This rate of sea level rise is faster than during any century over the previous three millennia (high confidence) (IPCC 2021, p. 77). Expected sea level rise will increase the frequency and height of high-water events, such as storm surge and high tide flooding, which contributes to coastal erosion (Sweet et al. 2022, p. 28). Nationally, the frequency of moderate high tide flooding events (approximately 2.8 ft (0.85 m) above current mean higher high water) in 2050 is expected to be 10 times greater than in 2020 (Sweet et al. 2022, pp. 41-42). Sea level rise also contributes to increased wave heights during storm

events (Sweet et al. 2022, p. 41) risking erosion of exposed beaches. Extreme wave heights have increased in the North Atlantic by around 0.3 inch (in) (0.8 centimeter (cm)) per year over the period 1985 to 2018 (medium confidence) (IPCC 2019, p. 67).

Green sea turtles are vulnerable to inundation and erosion of sandy beaches, which is typically caused or accelerated by climate-driven sea level rise (Fish et al. 2005, entire; Hawkes et al. 2009, entire; Poloczanska et al. 2009, p. 167; Seminoff et al. 2015, p. 325; Vousdoukas et al. 2020, entire). Shorelines are expected to undergo dramatic reconfigurations over the next century because of accelerating sea level rise (U.S. Climate Change Science Program (USCCSP) 2009, pp. 13, 44, 50). Sandy beaches serving as habitat for green turtles will likely be locally or regionally inundated or eroded, but replacement habitats are likely to re-form along the shoreline in its new position (Scavia et al. 2002, p. 152; USCCSP 2009, p. 186). However, if shorelines experience a decades-long period of high instability and landward migration (

i.e.,

under higher rates of sea level rise), the formation rate of new beach habitats may be slower than the rate of loss of existing habitats (Iwamura et al. 2013, p. 6). Additionally, low-lying and narrow islands, such as those along the U.S. Gulf and Atlantic coasts, may disintegrate rather than migrate (Titus 1990, p. 67; IPCC 2014, p. 15), representing a net loss of green turtle habitat.

Sea turtles evolved in a dynamic ecosystem, and they are dependent upon the ever-changing beach features for their continued survival and recovery. Sea turtles require nesting beaches where natural coastal processes, or activities that mimic these natural processes, will be able to continue well into the future to allow formation of suitable beaches for nesting. However, climate-driven change that may be accelerated, or result in permanent habitat loss, may present a challenge beyond evolutionary adaptations of green turtles and other species reliant on these dynamic coastal habitats.

As climate change is occurring and affecting shorelines, additional types of green turtle habitat to consider as important nesting areas are artificially created or maintained habitat, including beach renourishment and dune restorations, that mimic natural conditions. Artificial habitat types mimic natural conditions described above for nesting beach access, nest site selection, nest construction, egg deposition and incubation, hatchling emergence through the sand substrate to the beach surface and movement across the beach to sea. Habitat modification and loss occurs with beach stabilization activities that prevent natural transfer, erosion, and accretion of sediments along ocean shorelines. Beach stabilization efforts that may impact green turtle nesting include beach renourishment and dune restoration, sediment dredging and disposal, inlet channelization, and construction of jetties and other hard structures. However, when sand placement activities result in beach habitat that mimics natural beach habitat conditions, impacts to sea turtle nesting habitat are minimized. Also, any projects that address erosion or shoreline protection should contain measures to reduce negative effects or be temporary in nature, so they may have fewer impacts on green turtles. Therefore, green turtles need habitat that is dynamic by nature and facilitates sand movement, allowing for successful nesting within natural habitats or, if necessary, artificially created habitats that mimic natural beaches and support successful sea turtle nesting.

Sites for Basking (Central North Pacific DPS)

Basking, where green turtles emerge from the water onto exposed land, is an overall rare green turtle behavior but one that is observed in the Hawaiian archipelago (Central North Pacific DPS), Galapagos Islands, and Australia. It is possible that basking is an adaptive response to cooler thermal environments by raising core body temperatures and escaping ocean predation pressure in those regions (Whittow and Balazs 1982, pp. 133-138; Green 1998, p. 64; Limpus 2008, p. 15). This behavior has been anecdotally linked to escaping tiger shark predation in French Frigate Shoals (Lalo) (Whittow and Balazs 1982, p. 138).

Green turtles in the Central North Pacific DPS use terrestrial habitats such as gradually sloping beaches (sandy, corally, or gravel substrate), emergent sandy lands, sand spits, low shelving reef rocks, or sand supplemented restoration areas that are accessible from the ocean. These basking areas are free of obstacles that impede green turtles from coming ashore. Although many areas may be accessible for basking, certain areas of coastline are more often used by green turtles in the Central North Pacific DPS for this activity. These areas may be located close to preferred foraging and internesting areas to allow for relatively undisturbed periods. For the Central North Pacific DPS, basking areas are defined as natural and artificial coastlines that are accessible to green turtles and used regularly or intermittently. Basking areas are essential to the Central North Pacific DPS of green turtles because these areas provide space that supports natural behaviors important to health and development, such as resting and thermoregulation. Therefore, green turtles in the Central North Pacific DPS need unobstructed access to land out of the water to emerge onto.

Summary of Essential Physical or Biological Features (PBFs)

We derive the specific PBFs essential to the conservation of green turtle within its terrestrial environment from studies of the species' habitat, ecology, and life history as described below. We have determined that green turtles need terrestrial habitat areas where natural coastal processes will be able to continue well into the future to allow for the landward migration of coastlines in response to sea level rise. Therefore, based on the information above, we identify terrestrial areas that support natural coastal processes, as well as localized areas where artificially created, maintained, or enhanced habitat supports important green turtle nesting or basking areas, as PBFs for the species. These features are as follows:

(1) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics described herein. These beaches include:

(a) Habitat for green turtles to transit across beaches and for nest placement that includes: (i) relatively unimpeded wet and dry sand or nearshore access areas from the ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings and (ii) drier sand areas located above mean high water in the supralittoral zone to avoid being inundated frequently by high tides.

(b) Sand substrate that (i) allows for suitable nest construction, (ii) is suitable for facilitating gas diffusion conducive to embryo development, (iii) can develop and maintain temperatures and a moisture content conducive to embryo development, and (iv) allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface.

(2) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and post-nesting females can orient to the sea.

(3) Natural coastal processes or artificially created or maintained habitat mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in PBFs 1 and 2 above for beach access, nest site selection, nest construction, egg deposition and incubation, and hatchling emergence and movement to the sea.

(4) Within the range of the Central North Pacific DPS, basking habitat that includes access to natural and artificial coastlines with gradually sloping beaches (sandy, corally, or gravel substrate), emergent sandy lands, sand spits, low shelving reef rocks, as well as relatively unimpeded nearshore access from the ocean to the beach.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. The features essential to the conservation of green turtles may require special management considerations or protection to reduce the threats to the species. Threats to the green turtle are described in the final listing rule for each of the five DPSs (81 FR 20058, April 6, 2016; pp. 20077-20079, 20081-20083), noting that some information/descriptions/references used herein are new since the final listing determination. The threats and associated special management considerations or protection addressed in this document are specific to the PBFs. For green turtle habitat in the terrestrial environment, we grouped primary threats to the PBFs that may require special management considerations or protection into the following 12 threat categories. Each of these threats and associated special management considerations or protection are summarized below.

(1)

Climate change, including sea level rise, changes in sand temperature, and increase in storm frequency.

Potential impacts of climate change to the five DPSs include loss of habitat and nests due to beach erosion and repeated inundation caused by rising sea levels and more frequent, intense storm events; and skewed hatchling sex ratios from rising incubation temperatures (Fish et al. 2005, pp. 489-490; Fish et al. 2008, p. 336; Fuentes et al. 2010, entire; Fuentes et al. 2020, entire; Grose et al. 2020, pp. 547-548; Hawkes et al. 2009, pp. 139-141; Poloczanska et al. 2009, pp. 164-175). Examples of special management considerations or protection that could mitigate for threats of changing climate, including sea level rise, changes in sand temperature, and increase in storm frequency may include (but not be limited to): conducting coastal sand placement to retain sand on beaches for turtle nesting, hatching and hatchling emergence, and traversing the sand; and conducting restoration and debris cleanup after storms.

(2)

Recreational beach use, including human presence (e.g., beaches allowing dogs and special events), mechanized beach cleaning, and beach driving, the latter including essential and nonessential off-road vehicles, all-terrain vehicles, and recreational access and use.

Human presence on beaches at night during green turtle nesting seasons can reduce the quality of nesting habitat by deterring or disturbing nesting turtles and causing them to avoid otherwise suitable habitat. Mechanical beach cleaning with vehicles and associated equipment reduces natural sand-trapping abilities of beaches and contributes to their destabilization (Defeo et al. 2009, p. 3), as well as displaces sand that turtles rely on, including lowering the substrate and changing beach topography (Nelson Sella and Fuentes 2019, p. 186). Beach driving reduces green turtle nesting habitat quality by creating vehicle ruts, increased sand compaction, and increased erosion (Hosier et al. 1981, p. 160; Cox et al. 1994, p. 27; Hughes and Caine 1994, p. 237; Mann 1977, p. 96), and nighttime driving can deter females from nesting, disorient hatchlings, and can cause direct mortality by vehicle encounters. Examples of special management considerations or protection that could reduce the threat of recreational beach use may include (but not be limited to): implementing and enforcing policies that restrict unleashed pets during nesting season, conducting cleaning activities seaward of the high tide line and only during the day, and reducing vehicular beach access hours during the sea turtle nesting season.

In the North Atlantic DPS, mechanized beach cleaning is common along the Florida coast but uncommon in Puerto Rico. Large-scale mechanized beach cleaning has occurred in Puerto Rico associated with hurricane debris management such as after Hurricane María in 2017 and Hurricane Fiona in 2022; the same is true for the South Atlantic DPS regarding mechanized beach cleaning. However, this practice does not occur in the Pacific DPSs.

(3)

Nonnative vegetation.

Nonnative vegetation may alter the canopy cover percentage, resulting in various incubation temperatures (Wheeler et al. 2011, p. 488), which impacts hatchling sex ratios. Roots, live trees or plants, or deadfall of nonnative vegetation can also create impediments to adult and hatchling turtles, as well as interfere with nest digging (Wheeler et al. 2011, p. 488). Examples of special management considerations or protection that could reduce the threat of nonnative vegetation may include (but not be limited to): conducting habitat restoration or management and enforcing rules to prevent invasive plants from being transported into the unit.

(4)

Terrestrial source debris on beaches and marine debris that washes ashore (e.g., recreational beach equipment, plastics, and recreational or industrial fishing gear).

Terrestrial debris from beaches and marine debris that washes ashore (

e.g.,

recreational beach equipment, plastics, derelict fishing gear) can deter green turtles from coming shore and also cause entanglement and entrapment of both adults and hatchlings. Examples of special management considerations or protection that could reduce the threat of terrestrial debris may include (but not be limited to): installing and maintaining fishing line recycling containers at fishing piers and beach entrances and conducting beach cleanups that remove potentially entangling debris.

(5)

Beach sand placement activities, including beach nourishment with associated beach, dune, or berm restoration, inlet sand bypassing, dredge material disposal, dune or berm construction, or emergency sand placement after natural disasters.

Beach sand placement activities can include beach nourishment, beach restoration, inlet sand bypassing, dredge material disposal, dune construction, emergency sand placement after natural disaster, berm construction, and dune and berm planting. These types of activities can result in less suitable or unsuitable habitat for nesting turtles, such as sand compaction, and result in abandoned nesting attempts on nourished beaches (Trindell et al. 1998, p. 82; Ernest and Martin 1999, pp. 47-49; Herren 1999, p. 44). Examples of special management considerations or protection that could reduce the threat of beach sand placement activities may include (but not be limited to): restricting sand placement activities to occur outside of the nesting season and using beach quality sand suitable for sea turtle

nesting, successful incubation, and hatchling emergence.

While threats to the terrestrial PBFs are similar in the Atlantic and the Pacific, some differences exist. For example, in the North Atlantic DPS, large-scale beach renourishment projects occur frequently on most beaches along the Florida coast, although they are conducted infrequently in Puerto Rico (with no activities occurring in Puerto Rico's proposed green turtle critical habitat segments). However, beach renourishment projects occur infrequently in the South Atlantic DPS and the three Pacific DPSs.

(6)

Shoreline alterations and stabilization measures (e.g., erosion control structures, such as groins, breakwaters, or jetties; inlet relocation; inlet dredging; nearshore dredging; dredging and deepening channels; and sand mining).

These in-water structures have profound effects on adjacent beaches (Kaufman and Pilkey 1979, p. 194). For example, following construction, the presence of jetties and groins may interfere with nesting turtle access to the beach, result in a change in beach profile and width (downdrift erosion, loss of sandy berms, and escarpment formation), trap hatchlings, and concentrate predatory fishes (Wilson et al. 2019, p. 577), resulting in higher probabilities of hatchling predation (although jetties and groins are known also to provide some benefits to beach habitat in some instances). Examples of special management considerations or protection that could reduce the threat of shoreline alterations and stabilization measures may include (but not be limited to): conducting dune restoration/enhancement and conducting beach renourishment.

(7)

Coastal development, including residential development, commercial development, and associated activities such as coastal armoring (e.g., seawalls, geotextile tubes, rock revetments, sandbags, emergency temporary armoring); and activities associated with construction, repair, and maintenance of upland structures, stormwater outfalls, and piers.

Coastal development not only causes loss and degradation of suitable green turtle nesting habitat, but it also disrupts powerful coastal processes by accelerating erosion and interrupting the natural shoreline migration. This may in turn cause the need to protect upland structures and infrastructure by armoring (

i.e.,

any rigid structure placed parallel to the shoreline on the upper beach to prevent both landward retreat of the shoreline and inundation or loss of upland property by flooding and wave action (Kraus and McDougal 1996, p. 692)). Armoring is known to cause changes in, additional loss of, or adverse impacts to the remaining sea turtle habitat (National Research Council 1990, p. 77; USFWS 2015, p. 51). Examples of special management considerations or protection that could reduce the threat of coastal development may include (but not be limited to): considering alternatives to coastal armoring, such as living shorelines, dune restoration/enhancement, or beach renourishment; and encouraging State and local governments to adopt policies that support less coastal development and to employ full-time enforcement officers that can educate the public about coastal regulations and have the power to prosecute violations of local codes and laws.

(8)

Artificial lighting, including direct and indirect lighting, skyglow, and bonfires.

Both nesting and hatchling sea turtles are adversely affected by the presence of artificial lighting on or near the beach (Windle et al. 2018, entire; Salmon 2003, entire; Witherington and Martin 2000, pp. 2-5). Because adult females rely on visual brightness cues to find their way back to the ocean after nesting, those turtles that nest on lighted beaches may become disoriented by artificial lighting and have difficulty finding their way back to the ocean (Brei et al. 2020, p. 302; Silva et al. 2017, entire). Although sea turtles prefer dark beaches for nesting, many do nest in lighted areas (Colman et al. 2020, pp. 1,146-1,147). In doing so, they place the lives of their offspring at risk as artificial lighting can impair the ability of hatchlings to properly orient to the ocean once they leave their nests (Witherington and Martin 2000, pp. 7-13). Examples of special management considerations or protection that could reduce the threat of artificial lighting may include (but not be limited to): conducting work (construction or associated staging area for coastal or in-water work) during daylight hours to reduce turtle disturbance and prevent turtle attraction to artificial lights, and encouraging use of wildlife-friendly lighting in coastal areas for new construction or replacing existing lighting to reduce the direct and ambient lighting on the beach and reduce disorientation to nesting females and hatchlings.

(9)

Beach erosion, including erosion due to aperiodic, short-term weather-related erosion events, such as atmospheric fronts, northeasters, tropical storms, and hurricanes.

Storm events and tsunamis can result in the direct loss of sea turtle nests, either by erosion or washing away of the nests by wave action and inundation or “drowning” of the eggs or preemergent hatchlings within the nest, or indirectly affect sea turtles by causing the loss of nesting habitat. Depending on their frequency, storms can affect sea turtles on either a short-term basis (nests lost for one season and temporary loss of nesting habitat) or a long-term basis (habitat unable to recover due to frequent storm events). Examples of special management considerations or protection that could reduce the threat of beach erosion may include (but not be limited to): implementing dune restoration projects to help contain sediment during storms and planting native vegetation to stabilize beach habitat.

(10)

Natural disasters such as cyclones, hurricanes, typhoons, and tsunamis and responses to disasters, such as debris removal and berm construction.

These natural events have also been shown to cause severe beach erosion and likely have negatively affected hatching success at many green turtle nesting beaches, especially in areas already prone to erosion (Van Houtan and Bass 2007, entire). Any significant storm event that may develop could disrupt green turtle nesting activity and hatchling production (Van Houtan and Bass 2007, entire), but would be unlikely to result in whole-scale losses over multiple nesting seasons. However, when combined with the effects of sea level rise, there may be increased cumulative impacts from future storms (Baker et al. 2006, pp. 7-9). Examples of special management considerations or protection that could reduce the threat of naturally caused disasters may include (but not be limited to): conducting beach and dune restoration, conducting emergency berm construction and repair actions, including using beach quality sand suitable for nesting sea turtles during berm construction, and ensuring placement and design of berms that mimic the natural dune system.

(11)

Human-caused disasters and response to disasters, such as oil spills and oil cleanup activities.

Oil spills in the vicinity of nesting beaches just prior to or during the nesting season place nesting females, incubating egg clutches, and hatchlings at significant risk of direct exposure to contaminants (Fritts and McGehee 1982, p. 38; Lutcavage et al. 1997, p. 395; Witherington 1999, p. 183) and result in negative effects to nesting habitat. Oil cleanup activities can also be harmful. For example, earth-moving equipment can dissuade females from nesting and destroy nests, containment booms can

entrap hatchlings, and lighting from nighttime activities can misdirect turtles (Witherington 1999, p. 183). Examples of special management considerations or protection that could reduce the threat of human-caused disasters and response to disasters may include (but not be limited to): prohibiting placement of oil or fuel transfer stations near green turtle nesting beaches and ensuring communication with external partners on preferred response methodologies in areas where there are risks of oil spills in green turtle habitat.

(12)

Military testing and training activities, including troop presence, pyrotechnics and nighttime lighting, vehicles and amphibious watercraft usage on the beach, helicopter drops and extractions, live-fire exercises, placement and removal of objects on the beach, unexploded ordnance management, and space launch activities with associated artificial lighting infrastructure.

The presence of soldiers and other personnel on the beach, particularly at night during nesting and hatching season, could result in harm or death to individual nesting turtles or hatchlings, as well as deter females from nesting. Basking green turtles could also be deterred from basking. Additionally, unexploded ordnances are still present from the military using these areas for bombing training in the past, and search and removal efforts in green turtle nesting and basking habitat can have impacts to the habitat through the removal of vegetation and creation of holes. Examples of special management considerations or protection that could reduce the threat of military testing and training activities and unexploded ordnance management may include (but not be limited to):

timing training and missions outside nesting season or shifting the physical extent of activities to resolve location conflicts and filling in holes and restoring beach profiles to suitable conditions after ordnance removal or mission completion.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best scientific data available to designate critical habitat. In accordance with the Act and our implementing regulations at 50 CFR 424.12(b), we review available information pertaining to the habitat requirements of the species and identify specific areas within the geographical area occupied by the species at the time of listing and any specific areas outside the geographical area occupied by the species to be considered for designation as critical habitat. Within areas of the species' range under U.S. jurisdiction, and following our evaluation of all suitable green turtle habitat within each of the five DPSs, we are not currently proposing to designate any areas outside the geographical area occupied by the species. We have not identified any unoccupied areas that meet the definition of critical habitat, and we have determined that the occupied areas are sufficient to promote the conservation of the species.

A detailed step-down methodology was developed for identifying proposed critical habitat areas (see the supplemental “Methodology” document (USFWS 2023, entire) available on the internet at

https://www.regulations.gov

under Docket No. FWS-R4-ES-2022-0164). In summary, for areas within the geographical area occupied by the species at the time of listing, specifically referring to May 6, 2016, which is the effective date for the April 6, 2016, final listing rule (81 FR 20058), we delineated critical habitat unit boundaries within the terrestrial environment and under U.S. jurisdiction where nesting has been documented annually (or documented regularly but not necessarily annually due to some outlying islands that are difficult to access), since the time the DPSs were listed in 2016 (81 FR 20058, April 6, 2016). This time-period represents the most recent and consistent data sets of nest or track (crawl) count surveys available from within the ranges of each DPS. Green turtles are a circumglobal species (NMFS and USFWS 1998, p. 1) that nest on sandy beaches, and in the Central North Pacific DPS also bask on sandy beaches and low-lying reef and rocks. Thus, sandy beaches and low-lying reef and rocks (the latter specifically in the Central North Pacific DPS) within the latitudinal range of the species, particularly in tropical or subtropical regions, could potentially host green turtles. Some of these areas are logistically remote and have never or rarely been surveyed; however, they were assumed to host green turtles at the time of listing because islands with similar geomorphology at similar latitudes have documented green turtle nesting and basking activity.

For the three Pacific DPSs, we also relied on additional information to determine occupancy at the time of listing in remote areas and islands where surveys have not regularly occurred, both prior to and after the time of listing in 2016. Essentially, the strategy to designate critical habitat for the three Pacific DPSs differs from the two Atlantic DPSs due to: (1) limited data availability and quality; (2) the population size, site distribution, and potential effects of lost habitat; and (3) the potential for habitat destruction or modification (

e.g.,

development pressures, climate change, limited local support for green turtle conservation practices) (USFWS 2023, pp. 14-18). Overall, we used the following summarized criteria for determining proposed critical habitat for green turtle within the terrestrial environment:

(1) We evaluated the two green turtle recovery plans that address the Central North Pacific, Central South Pacific, Central West Pacific, North Atlantic, and South Atlantic DPSs and considered those areas described in the plans as source beaches, primary nesting areas, important nesting beaches, and key nesting beaches (hereafter referred to as “important nesting beaches” (NMFS and USFWS 1998, entire; NMFS and USFWS 1991, entire)). Given these recovery plans are 25 and 32 years old, respectively, we also considered available new information and expert knowledge regarding these or other important areas within each of the DPSs. Designating these important nesting beaches supports the overarching conservation strategies described in the recovery plans for each of the DPSs.

(2) We evaluated the best available information (

e.g.,

literature, survey reports, information from partners and experts) to identify the extent of nesting beaches as the area from the mean high-water line (MHWL) to its deepest extent inland, including all beach crest vegetation and area behind the primary dune (if present) for features that provide for nesting, incubation, hatching, hatchling emergence from eggshells and through the sand substrate, and traversal across beaches. We also considered dry and wet sands leading back to the ocean to support hatchling transit to the sea in addition to allowing for post-nesting and basking turtles to return to the ocean.

(3) Using Geographic Information Systems (GIS) software, satellite imagery, and existing land cover and shoreline products, we identified nesting habitat in the Atlantic from the MHWL to the toe of the secondary dune, any human-made structure, natural obstructions (

e.g.,

cliffs, rock outcrops) or to 33 ft (10 m) inland of vegetation. We identified nesting habitat in the Pacific from the MHWL to any human-made structure or 50 ft (15 m) inland of the MHWL (a larger distance than the Atlantic to account for beaches that stretch inland on remote islands with little to no vegetation). Additionally, within the Pacific DPSs on small, predominantly sand islands, whole islands may have been designated in

instances where no physical obstructions were present. If applicable, we also examined aerial imagery to ensure that areas included as proposed critical habitat are not currently inundated, as compared to areas that may be underwater decades from now.

(4) Where physical features to be used as critical habitat unit boundaries were highly dynamic (

i.e.,

inlets, sandy shoals, barrier islands, and oceanfront beaches that are controlled by natural coastal processes and may shift over time), unit boundaries were distinguished using records of green turtles nesting in that specific area.

(5) Where natural, artificial, or geopolitical features or land ownership could not be used for unit boundaries, boundaries were delineated by geographic means (latitude and longitude, decimal degree points).

(6) We evaluated and included as proposed critical habitat beaches located adjacent to important or high-density beaches (containing PBFs essential to the conservation of green turtles); these adjacent areas are occupied by the species and also currently support green turtle nesting. This adjacent beach habitat serves as expansion area should the current important nesting beach area become significantly degraded, or temporarily or permanently lost, through natural processes or upland development, as well as supports the green turtle's internesting behavior (

i.e.,

turtles nesting multiple times in a season and across different select areas of the beach landscape).

(7) We applied other DPS-specific methodology (as described in our supplemental “Methodology” document (USFWS 2023, entire) available on the internet at

https://www.regulations.gov

under Docket No. FWS-R4-ES-2022-0164) based on specific factors within each DPS, such as (but not limited to):

(a) For the three Pacific DPSs, and in the absence of available nesting surveys, beaches were selected using the best available nesting records over a 15-year period between 2005 to 2020. Given the lifespan of the green turtle, we found it reasonable to assume the areas were occupied at the time of listing based on these data. We identified beaches throughout each island, islet, and oceanic atoll with relatively high nesting activity. In some cases, additional nesting beaches with lower nesting activity or beaches with historical reports of green turtle nesting were selected (

i.e.,

expansion areas) to support resiliency, representation, and redundancy within a DPS. Additionally, for undeveloped or uninhabited islands or areas, the amount of land inward of the MHWL increased from 50 ft (15 m; as noted in criteria (3), above) to include the entire island if the PBFs were present or natural or human-made structures obstructed inward progress (noting there are some areas that are currently uninhabited by humans but were previously occupied by Department of Defense (DoD) personnel who had constructed manmade structures, some of which remain today and may obstruct inward progress by turtles).

(b) For the Central North Pacific DPS, we identified basking habitat information independent from nesting area information, including information provided by local technical experts and records from 2005 to 2021. Given the lifespan of the green turtle, we found it reasonable to assume the areas were occupied at the time of listing based on these data. Our strategy for selecting shoreline areas for basking also considered shoreline areas throughout each island with relatively high basking activity, and some beaches that can serve as both expansion areas while also providing sufficient habitat to accommodate basking green turtles as the populations recover. Where physical features to be used as critical habitat unit boundaries were highly dynamic (

i.e.,

sandy shoals, emergent sandy lands, oceanfront beaches, and low shelving reef or rock that are controlled by natural coastal processes and may shift over time), unit boundaries were distinguished using records of green turtles basking in that specific area.

(c) For the Central South Pacific DPS, we took into account that the green turtle population in this portion of its range is characterized by geographically widespread nesting at low levels of abundance, mostly in remote low-lying oceanic atolls. We examined the best available information within this DPS to ensure spatial distribution of important nesting beaches within the DPS. Although some of these areas do not include regular or extensive green turtle survey information, the best available information indicates these areas were occupied at the time of listing (and are still occupied) by green turtles based on documented nesting activity at adjacent or nearby beaches, islands, or atolls.

(d) For the Central West Pacific DPS, we took into account that the green turtle population in this DPS is dominated by insular nesting (

i.e.,

nesting on a long chain of islands), resulting in a relatively small nesting population spread across an expansive area that is roughly 2,500 mile (mi) (4,023 kilometer (km)) wide (Palau to the Marshall Islands) and 2,500 mi (4,023 km) long (Ogasawara, Japan to the Solomon Islands) (Seminoff et al. 2015, p. 259). We examined the best available information within this DPS to ensure spatial distribution of important nesting beaches within the DPS. Similar to the Central South Pacific DPS, although some of these areas do not include regular or extensive green turtle survey information, the best available information indicates these areas were occupied at the time of listing (and are still occupied) by green turtles based on documented nesting activity at adjacent or nearby beaches, islands, or atolls.

(e) For the North Atlantic DPS, we used available nest count abundance/density data (including information associated with the Florida Fish and Wildlife Research Institute's recognized green turtle management units and preliminary unpublished analysis of genetics information (Shamblin et al. 2022, entire)) to determine adequate geographic spatial distribution of high-density nesting areas, including genetics and geographical features that can influence turtle behavior.

(f) For the South Atlantic DPS, nest crawl counts were used depending on regionally available data and applied to the main geographic nesting distribution within the DPS (

i.e.,

the U.S. Virgin Islands). Nesting beaches were identified based on 25-100 nesting crawls per year category or larger (Dow et al. 2007, p. 13; Eckert and Eckert 2019, p. 13).

Once this methodology was applied and evaluated across the ranges of each DPS where green turtles nest, or where they bask in the Central North Pacific DPS, units were drawn based on the most recent available aerial or satellite imagery. We propose to designate as critical habitat lands that we have determined were occupied at the time of listing that contain one or more of the PBFs that are essential to support life-history processes of the species, and that may require special management considerations or protection.

We propose to designate as critical habitat 101 units (31 in the Central North Pacific DPS, 6 in the Central South Pacific DPS, 23 in the Central West Pacific DPS, 33 in the North Atlantic DPS, and 8 in the South Atlantic DPS) based on one or more of the PBFs within the terrestrial environment being present to support the green turtle's life-history processes. Some units contain all of the identified PBFs and support multiple life-history processes, while other units contain only some of the PBFs necessary to support the green turtle's particular use of that habitat.

For green turtles, most of the units contain highly dynamic barrier beaches

and extratidal seashore areas that have the potential to vary over time. In other words, the precise location of the PBFs may shift because of the intrinsically dynamic nature of shorelines and due to sea level rise. In general, the PBFs we describe are the extratidal areas and sandy beaches from the MHWL to inland areas of beach that do not contain the PBFs.

The proposed critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document under Proposed Regulation Promulgation. We include more detailed information on the boundaries of the terrestrial proposed critical habitat designation in the discussion of individual units, below. We will make the coordinates or plot points or both on which each map is based available to the public at

https://www.regulations.gov

at Docket No. FWS-R4-ES-2022-0164, and on the USFWS's website at

https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle

.

When determining proposed critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures (

e.g.,

docks, maintained rights-of-way, work yards, stormwater facilities, and hardened shorelines) because such lands lack PBFs necessary for the green turtle. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Therefore, if the critical habitat is finalized as proposed, a Federal action involving these lands would not trigger section 7 consultation under the Act with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the PBFs in the adjacent critical habitat. Additionally, it is important to note that the best available GIS base layers used for the proposed designation do not perfectly match the actual coastlines of the islands. For consistency, accountability, and transparency reasons, we did not alter the layers. We have attempted to vary the scale in our maps to minimize discrepancies, although there remain some instances where a polygon boundary does not perfectly align with an island/atoll coastline (

e.g.,

the MHWL edge of a proposed critical habitat polygon appears inland or within the water, to a small extent, from the island border). In these instances, it is important to evaluate and use the maps in conjunction with the textual descriptions to best understand the unit placement on the coastline.

Proposed Critical Habitat Designation

We are proposing 101 units as critical habitat for the green turtle's terrestrial (nesting and basking) areas, all of which were occupied at the time of listing and totaling approximately 8,870 ac (3,590 ha). All of these areas are occupied by the species, and we are not proposing any unoccupied areas. Table 1, below, shows the proposed units separated by DPS, including unit names, land ownership, and approximate acreage. The land ownership values in many (but not all) of the proposed critical habitat units within the three Pacific DPSs also include a category called “uncategorized lands.” For the purposes of this analysis and proposed critical habitat designation, this category refers to lands where we were unable to determine local government or private ownership.

The specific terrestrial areas we propose as critical habitat for the green turtle are presented below, totaling 31 units and 2,233 ac (904 ha) in the Central North Pacific DPS, 6 units and 242 ac (98 ha) in the Central South Pacific DPS, 23 units and 304 ac (123 ha) in the Central West Pacific DPS, 33 units and 5,974 ac (2,418 ha) in the North Atlantic DPS, and 8 units and 117 ac (47 ha) in the South Atlantic DPS. Brief descriptions of all units are presented, including the reasons why they meet the definition of critical habitat for the green turtle. All units are occupied by the species and contain one or more of the physical and biological features essential to the conservation of the species and that may require special management considerations or protection. Also, many of the proposed units overlap in part or whole with existing critical habitat designated for other federally listed species, as specified below (table 2).

Most of the units contain highly dynamic barrier beaches and intertidal seashore. This area has the potential to vary year-to-year. In other words, the precise location of the PBFs in some locations may shift over time somewhat because of the intrinsically dynamic nature of shorelines and due to sea level rise.

Of note:

we include diacritical marks to many location names, particularly in the Pacific DPSs, although these marks only appear within the preamble of this proposed rule due to

Federal Register

printing format constraints. Therefore, diacritical marks are removed from location names within the text and maps that appear in Proposed Regulation Promulgation, below.

Table 1—Proposed Critical Habitat Land Ownership and Unit Size (Values Rounded to the Nearest Whole Number) for the Green Turtle

[All units are occupied by the species.]

Critical habitat unit no. and name

Land Ownership by type

1

Approximate, acres

Approximate, hectares

Central North Pacific DPS—Northwestern Hawaiian Islands

HI-01, Kure Atoll

Federal

0

0

State

106

43

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

106

43

HI-02, Midway Islands

Federal

88

35

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

88

35

HI-03, Pearl and Hermes Atoll

Federal

207

84

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

207

84

HI-04, Lisianski Island

Federal

295

119

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

295

119

HI-05, Laysan Island

Federal

171

69

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

171

69

HI-06, French Frigate Shoals

Federal

95

38

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

95

38

Central North Pacific DPS—Main Hawaiian Islands

HI-07, Halelea and Ko'olau Moku

Federal

2

1

State

<1

<1

Local Gov't

<1

<1

Private/Other

9

3

Uncategorized

59

24

Total

69

28

HI-08, Nā Pali Coast and Mā

n

ā Plains

Federal

0

0

State

228

92

Local Gov't

0

0

Private/Other

0

0

Uncategorized

26

11

Total

254

103

HI-09, Puna Moku on Kaua'i

Federal

0

0

State

3

1

Local Gov't

2

1

Private/Other

13

5

Uncategorized

14

6

Total

33

13

HI-10, Kona Moku on Kaua'i

Federal

0

0

State

4

2

Local Gov't

3

1

Private/Other

6

3

Uncategorized

1

<1

Total

14

6

HI-11, Northern Ko'olauloa Moku

Federal

24

10

State

26

10

Local Gov't

<1

<1

Private/Other

30

12

Uncategorized

53

21

Total

132

54

HI-12, Waialua Moku

Federal

<1

<1

State

7

3

Local Gov't

5

2

Private/Other

29

12

Uncategorized

41

17

Total

82

33

HI-13, Wai'anae Moku

Federal

<1

<1

State

13

5

Local Gov't

0

0

Private/Other

0

0

Uncategorized

<1

<1

Total

13

5

HI-14, Ko'olaupoko Moku

Federal

0

0

State

7

3

Local Gov't

3

1

Private/Other

<1

<1

Uncategorized

42

17

Total

53

22

HI-15, 'Ewa Moku

Federal

0

0

State

0

0

Local Gov't

<1

<1

Private/Other

2

1

Uncategorized

7

3

Total

9

4

HI-16, Moloka'i Island

Federal

0

0

State

15

6

Local Gov't

0

0

Private/Other

104

42

Uncategorized

40

16

Total

160

65

HI-17, Kā'anapali Moku

Federal

0

0

State

<1

<1

Local Gov't

0

0

Private/Other

10

4

Uncategorized

23

9

Total

34

14

HI-18, Pū'ali Komohana and Hāmākuapoko Moku

Federal

0

0

State

17

7

Local Gov't

6

2

Private/Other

30

12

Uncategorized

19

8

Total

73

29

HI-19, Lāhainā Moku

Federal

0

0

State

<1

<1

Local Gov't

3

1

Private/Other

7

3

Uncategorized

23

9

Total

32

13

HI-20, South Pū'ali Komohana and Kula Moku

Federal

<1

<1

State

<1

<1

Local Gov't

4

2

Private/Other

<1

<1

Uncategorized

12

5

Total

17

7

HI-21, Hāna Moku

Federal

0

0

State

0

0

Local Gov't

0

0

Private/Other

2

1

Uncategorized

1

<1

Total

3

1

HI-22, Honua'ula Moku

Federal

0

0

State

<1

<1

Local Gov't

0

0

Private/Other

<1

<1

Uncategorized

0

0

Total

<1

<1

HI-23, Lāna'i Island

Federal

0

0

State

0

0

Local Gov't

0

0

Private/Other

145

59

Uncategorized

17

7

Total

161

65

HI-24, Kaho'olawe Island

Federal

0

0

State

3

1

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

3

1

HI-25, South Kohala

Federal

0

0

State

18

7

Local Gov't

0

0

Private/Other

9

3

Uncategorized

7

3

Total

33

13

HI-26, Kona Moku on Hawai'i Island

Federal

12

5

State

15

6

Local Gov't

1

<1

Private/Other

10

4

Uncategorized

13

5

Total

50

20

HI-27, Hilo Moku

Federal

0

0

State

1

<1

Local Gov't

<1

<1

Private/Other

0

0

Uncategorized

1

<1

Total

2

1

HI-28, Kea'au

Federal

0

0

State

0

0

Local Gov't

0

0

Private/Other

<1

<1

Uncategorized

<1

<1

Total

1

<1

HI-29, Pohoiki Beach

Federal

0

0

State

<1

<1

Local Gov't

4

1

Private/Other

<1

<1

Uncategorized

6

2

Total

9

4

HI-30, Keauhou

Federal

9

4

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

7

3

Total

16

7

HI-31, Ka'ū Moku

Federal

5

2

State

3

1

Local Gov't

4

2

Private/Other

4

1

Uncategorized

2

1

Total

17

7

** Central North Pacific DPS Totals

Federal

907

367

State

466

189

Local Gov't

35

14

Private/Other

411

166

Uncategorized

415

168

Total

2,233

904

Central South Pacific DPS—American Samoa

AS-01, Palmyra Atoll

Federal

7

3

Territory

0

0

Local Gov't

0

0

Private/Other

15

6

Uncategorized

0

0

Total

22

9

AS-02, Swains Island

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

125

50

Total

125

50

AS-03, Ofu and Olosega Islands

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

49

20

Total

49

20

AS-04, Ta'u Island

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

34

14

Total

34

14

AS-05,Aunu'u Island

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

4

1

Total

4

1

AS-06, Rose Atoll

Federal

10

4

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

10

4

** Central South Pacific DPS Totals

Federal

17

7

Territory

0

0

Local Gov't

0

0

Private/Other

15

6

Uncategorized

211

85

Total

242

98

Central West Uacific DPS—Guam

GU-01, Ritidian Point and Uruno Beach

Federal

18

7

Territory

<1

<1

Local Gov't

0

0

Private/Other

13

5

Uncategorized

6

2

Total

37

15

GU-02, Jinapsan Beach

Federal

4

1

Territory

0

0

Local Gov't

0

0

Private/Other

3

1

Uncategorized

8

3

Total

14

6

GU-03, Tanguisson

Federal

0

0

Territory

6

2

Local Gov't

0

0

Private/Other

0

0

Uncategorized

6

2

Total

12

5

GU-04, Tumon Bay

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

10

4

Uncategorized

4

1

Total

14

6

GU-05, Hagåtña Bay

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

1

<1

Uncategorized

6

3

Total

7

3

GU-06, Cabras Island

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

<1

<1

Uncategorized

8

3

Total

8

3

GU-07, Agat Bay

Federal

<1

<1

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

1

<1

Total

1

<1

GU-08, Pago (a.k.a. Pågu) Point to Ylig Bay

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

2

1

Uncategorized

<1

<1

Total

2

1

GU-09, Talo'fo'fo Village

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

2

1

Uncategorized

3

1

Total

4

2

GU-10, Humåtak Village

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

1

<1

Uncategorized

6

3

Total

7

3

GU-11, Nomna Bay

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

2

1

Total

2

1

GU-12, Inarajan Bay

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

1

<1

Uncategorized

3

1

Total

4

1

GU-13, Agfayan Point to Aga Point

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

2

1

Uncategorized

4

1

Total

5

2

GU-14, Cocos Island

Federal

0

0

Territory

0

0

Local Gov't

0

0

Private/Other

1

<1

Uncategorized

7

3

Total

8

3

Central West Pacific DPS—Northern Mariana Islands

MP-01, Agrihan Island

Federal

0

0

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

44

18

Total

44

18

MP-02, Pagan Island

Federal

0

0

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

12

5

Total

12

5

MP-03, Wing Beach and Bird Island

Federal

0

0

Commonwealth

4

2

Local Gov't

0

0

Private/Other

0

0

Uncategorized

3

1

Total

7

3

MP-04, Managaha Island and Unai Makaka

Federal

0

0

Commonwealth

5

2

Local Gov't

0

0

Private/Other

<1

<1

Uncategorized

16

6

Total

21

9

MP-05, Eastern Saipan

Federal

0

0

Commonwealth

9

4

Local Gov't

0

0

Private/Other

1

<1

Uncategorized

8

3

Total

18

7

MP-06, Southern Saipan

Federal

0

0

Commonwealth

1

<1

Local Gov't

0

0

Private/Other

0

0

Uncategorized

7

3

Total

8

3

MP-07, Western Tinian

Federal

0

0

Commonwealth

3

1

Local Gov't

0

0

Private/Other

0

0

Uncategorized

4

1

Total

6

3

MP-08, Northern Rota

Federal

0

0

Commonwealth

44

18

Local Gov't

0

0

Private/Other

2

1

Uncategorized

9

4

Total

54

22

MP-09, Southern Rota

Federal

0

0

Commonwealth

8

3

Local Gov't

0

0

Private/Other

<1

<1

Uncategorized

1

<1

Total

9

4

** Central West Pacific DPS, Totals

Federal

22

9

Territory/Commonwealth

79

32

Local Gov't

0

0

Private/Other

37

15

Uncategorized

166

67

Total

304

123

North Atlantic DPS—Florida

FL-01, Guana Tolomato Matanzas National Estuarine Research Reserve—Guana River Site

Federal

0

0

State

112

45

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

112

45

FL-02, Washington Oaks Gardens State Park to North Peninsula State Park

Federal

0

0

State

77

31

Local Gov't

61

25

Private/Other

169

68

Uncategorized

0

0

Total

307

124

FL-03, Canaveral National Seashore to Merritt Island National Wildlife Refuge

Federal

558

226

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

558

226

FL-04, Satellite Beach to Indian River Shores

Federal

52

21

State

72

29

Local Gov't

120

48

Private/Other

400

163

Uncategorized

0

0

Total

644

261

FL-05, Hutchinson Island

Federal

0

0

State

0

0

Local Gov't

119

48

Private/Other

217

88

Uncategorized

0

0

Total

336

136

FL-06, St. Lucie Inlet to Jupiter Inlet

Federal

69

28

State

49

20

Local Gov't

11

5

Private/Other

195

78

Uncategorized

0

0

Total

324

131

FL-07, Jupiter Inlet to Lake Worth Inlet

Federal

0

0

State

25

10

Local Gov't

85

35

Private/Other

104

42

Uncategorized

0

0

Total

214

87

FL-08, Palm Beach to Boynton Inlet

Federal

0

0

State

0

0

Local Gov't

1

<1

Private/Other

41

17

Uncategorized

0

0

Total

42

17

FL-09, Boynton Inlet to Boca Raton Inlet

Federal

0

0

State

0

0

Local Gov't

66

27

Private/Other

148

60

Uncategorized

0

0

Total

214

87

FL-10, Boca Raton Inlet to Hillsboro Inlet

Federal

1

<1

State

0

0

Local Gov't

16

7

Private/Other

65

26

Uncategorized

0

0

Total

82

34

FL-11, Sawyer Key

Federal

6

3

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

6

3

FL-12, Boca Grande and Marquesas Keys

Federal

28

12

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

28

12

FL-13, Dry Tortugas

Federal

21

8

State

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

21

8

FL-14, Sanibel Island West

Federal

0

0

State

0

0

Local Gov't

76

31

Private/Other

113

45

Uncategorized

0

0

Total

189

76

FL-15, Gasparilla Island

Federal

5

2

State

25

10

Local Gov't

0

0

Private/Other

125

51

Uncategorized

0

0

Total

155

63

FL-16, Don Pedro and Little Gasparilla Islands

Federal

0

0

State

20

8

Local Gov't

0

0

Private/Other

166

67

Uncategorized

0

0

Total

186

75

FL-17, Manasota Key

Federal

0

0

State

25

10

Local Gov't

46

19

Private/Other

93

37

Uncategorized

0

0

Total

164

66

FL-18, Casey and Siesta Keys

Federal

0

0

State

0

0

Local Gov't

30

12

Private/Other

84

34

Uncategorized

0

0

Total

114

46

FL-19, Cape St. George and St. George Island

Federal

0

0

State

545

221

Local Gov't

0

0

Private/Other

270

109

Uncategorized

0

0

Total

815

330

FL-20, St. Joseph Peninsula

Federal

0

0

State

466

189

Local Gov't

2

1

Private/Other

154

62

Uncategorized

0

0

Total

622

252

FL-21, Inlet Beach

Federal

0

0

State

0

0

Local Gov't

7

3

Private/Other

86

34

Uncategorized

0

0

Total

93

37

FL-22, Topsail Hill Preserve State Park

Federal

0

0

State

165

67

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

165

67

FL-23, Gulf Islands National Seashore

Federal

316

128

State

17

7

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

334

135

North Atlantic DPS—Puerto Rico

PR-01, Mona Island

Federal

0

0

Commonwealth

66

27

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

66

27

PR-02, Guayama

Federal

0

0

Commonwealth

23

9

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

23

9

PR-03, Maunabo

Federal

0

0

Commonwealth

24

10

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

24

10

VPR-01, Campaña

Federal

11

4

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

11

4

VPR-02, Puerto Diablo

Federal

15

6

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

15

6

VPR-03, Vieques East

Federal

17

7

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

17

7

VPR-04, Fanduca to Conejo

Federal

23

9

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

23

9

VPR-05, La Chiva

Federal

10

4

Commonwealth

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

10

4

VPR-06, Sun Bay

Federal

0

0

Commonwealth

13

5

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

13

5

VPR-07, Vieques Southwest

Federal

44

18

Commonwealth

4

1

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

48

19

** North Atlantic DPS Totals

Federal

1,177

475

State/Commonwealth

1,727

699

Local Gov't

640

261

Private/Other

2,430

981

Uncategorized

0

0

Total

5,974

2,418

South Atlantic DPS—Vieques, U.S. Virgin Islands.

USVI-01, Sandy Point National Wildlife Refuge

Federal

35

14

Territory

2

1

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

37

15

USVI-02, Long Point Bay

Federal

0

0

Territory

9

4

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

9

4

USVI-03, St. Croix South

Federal

0

0

Territory

20

8

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

20

8

USVI-04, East End

Federal

0

0

Territory

16

6

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

16

6

USVI-05, Chenay to Coakley

Federal

0

0

Territory

15

6

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

15

6

USVI-06, Buccaneer

Federal

0

0

Territory

6

2

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

6

2

USVI-07, Judith's Fancy

Federal

0

0

Territory

3

1

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

3

1

USVI-08, Buck Island Reef National Monument

Federal

12

5

Territory

0

0

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

12

5

** South Atlantic DPS Totals

Federal

47

19

Territory

71

28

Local Gov't

0

0

Private/Other

0

0

Uncategorized

0

0

Total

117

47

Note:

Total numbers for individual units and totals for each DPS may not sum due to rounding (to the nearest whole number).

1

Local government ownership may include counties, cities, or municipalities. Private/Other ownership includes nonprofit preserve/reserve areas. Uncategorized ownership type occurs only within some units in the three Pacific DPSs.

Table 2—Co-occurring Critical Habitat Designations That Overlap Proposed Critical Habitat for Green Turtles

Species

Area of overlap with designated critical habitat

1

in acres (ac) (hectares (ha))

[# of proposed green turtle units overlapping]

Central North

Pacific DPS

Central South Pacific DPS

Central West

Pacific DPS

North Atlantic DPS

South Atlantic DPS

loggerhead sea turtle (

Caretta caretta

)

N/A

N/A

N/A

4,649 ac (1,881 ha) [18]

N/A

hawksbill sea turtle (

Eretmochelys imbricata

)

N/A

N/A

N/A

66 ac (27 ha) [1]

N/A

leatherback sea turtle (

Dermochelys coriacea

)

N/A

N/A

N/A

N/A

27 ac (11 ha) [1]

Mona boa (

Epicrates monensis

)

N/A

N/A

N/A

66 ac (27 ha) [1]

N/A

Mona ground iguana (

Cyclura cornuta stejnegeri

)

N/A

N/A

N/A

66 ac (27 ha) [1]

N/A

piping plover (

Charadrius melodus

)

N/A

N/A

N/A

385 ac (155 ha) [4]

N/A

yellow-shouldered blackbird (

Agelaius xanthomus

)

N/A

N/A

N/A

66 ac (27 ha) [1]

N/A

Guam Micronesian kingfisher (

Todiramphus cinnamominus cinnamominus

)

N/A

N/A

21 ac (9 ha) [2]

N/A

N/A

Mariana crow (

Corvus kubaryi

)

N/A

N/A

25 ac (10 ha) [4]

N/A

N/A

St. Andrew's beach mouse (

Peromyscus polionotus peninsularis

)

N/A

N/A

N/A

426 ac (172 ha) [1]

N/A

Choctawhatchee beach mouse (

Peromyscus polionotus

)

N/A

N/A

N/A

134 ac (54 ha) [2]

N/A

Mariana fruit bat (

Pteropus mariannus

)

N/A

N/A

21 ac (9 ha) [2]

N/A

N/A

Blackburn's sphinx moth (

Manduca blackburni

)

7 ac (3 ha) [2]

N/A

N/A

N/A

N/A

Cape Sable thoroughwort (

Chromolaena frustrata

)

N/A

N/A

N/A

4 ac (2 ha) [1]

N/A

Aboriginal prickly-apple (

Harrisia aboriginum

)

N/A

N/A

N/A

114 ac (46 ha) [4]

N/A

no common name (

Agave eggersiana)

N/A

N/A

N/A

N/A

4 ac (2 ha) [2]

coastal flatsedge (

Cyperus pennatiformis

) and Loulu (

Pritchardia remota

)

171 ac 69 ha)[1]

N/A

N/A

N/A

N/A

Hilo ischaemum (

Ischaemum byrone

)

4 ac (2 ha) [2]

N/A

N/A

N/A

N/A

'Ohai (

Sesbania tomentosa

)

197 ac (81 ha) [5]

N/A

N/A

N/A

N/A

no common name

(Vigna o-wahuensis)

5 ac (2 ha) [3]

N/A

N/A

N/A

N/A

Kohe malama o kanaola (

Kanaloa kahoolawensis

)

3 ac (1 ha) [1]

N/A

N/A

N/A

N/A

6 plant species of the Hawaiian Islands

2

191 ac (77 ha) [1]

3

N/A

N/A

N/A

N/A

22 plant species of the Hawaiian Islands

4

<1 ac (<1 ha) [1]

2

N/A

N/A

N/A

N/A

Total Overlap (Combined) for Each DPS

375 ac (152 ha) [17%]

N/A

25 ac (10 ha) [8%]

4,849 ac (1,962 ha) [81%]

31 ac (13 ha) [27%]

* Totals may not sum due to rounding.

1

Values presented in this table are for federally threatened or endangered species for which critical habitat designations are in place. Additional species with proposed critical habitat may be added to this table if finalized prior to publication of the green turtle final critical habitat designation.

2

'Ōlulu (

Brighamia insignis

), 'Awiwi (

Schenkia sebaeoides

), Ka'a (

Cyperus trachysanthos

), no common name (

Kadua stjohnii

), Lau'ehu (

Panicum niihauense

), and Ma'oli'oli (

Schiedea apokremnos

).

3

Critical habitat for each of these species overlaps only one green turtle proposed critical habitat unit, where existing critical habitat for some of these plants overlap the same green turtle proposed unit and one or more of the other plants overlap other units. However, total overlap with green turtle proposed critical habitat does not exceed <1 ac (<1 ha) in all instances for each plant species.

4

Round-leaved chaff-flower (

Achyranthes splendens

var.

rotundata

), Ki'oko'olau (

Bidens amplectens

), no common name (

Bonamia menziesii

), Ko'oko'olau (

Bidens micrantha

ssp.

kalealaha

), Āwikiwiki (

Canavalia pubescens

), Kāmanomano (

Cenchrus agrimonioides

), Kokolameli (

Chamaesyce kuwaleana

), Kauila (

Colubrina oppositifolia

), Pauoa (

Ctenitis squamigera

), `Akoko (

Euphorbia celastroides

var.

kaenana

), Mēhamehame (

Flueggea neowawraea

), Ma'o hau hele (

Hibiscus brackenridgei

), Nehe (

Melanthera kamolensis

), Alani (

Melicope mucronulata

), no common name (

Neraudia sericea

), Kulu'i (

Nototrichium humile

), 'Iliahi (

Santalum haleakalae

var.

lanaiense

), 'Āwiwi (

Schenkia sebaeoides

), Pōpolo kū mai (

Solanum incompletum

), no common name (

Spermolepis hawaiiensis

), and A'e (

Zanthoxylum hawaiiensis

).

We present brief descriptions of all proposed units within each DPS, and reasons why they meet the definition of critical habitat for the green turtle, below.

Central North Pacific DPS

Unit HI-01: Kure Atoll

Unit HI-01 consists of 106 ac (43 ha) on Kure Atoll (a.k.a. Hōlanikū or Mokupāpapa), Honolulu County, the northernmost island in the Hawaiian archipelago. This unit is located approximately 57 to 60 mi (92 to 96 km) northwest of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. This unit includes two segments: 55 ac (22 ha) on Kure Sand Island and 51 ac (21 ha) on Green Island. All lands within this unit are in State ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Kure Atoll.

Unit HI-01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important managed nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles year-round, providing important basking habitat throughout the year. The remoteness of Kure Atoll provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS.

Threats to the PBFs identified within Unit HI-01 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the Hawai'i Division of Forestry and Wildlife (HDOFAW) for conservation purposes as part of the State's wildlife sanctuary (HDOFAW 2022, entire) and the Papahānaumokuākea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papahānaumokuākea Marine National Monument 2008, entire).

Unit HI-02: Midway Islands

Unit HI-02 consists of 88 ac (35 ha) on Midway Islands (a.k.a. Kuaihelani or Pihemanu), part of the United States Minor Outlying Islands, the second northernmost island in the Hawaiian archipelago. This unit is located approximately 57 to 60 mi (92 to 96 km) east of Kure Atoll (a.k.a. Hōlanikū or Mokupāpapa) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures (

e.g.,

abandoned historical military structures). This unit includes two segments in two areas: (1) 8 ac (3 ha) along the northeastern shore of Sand Island, and (2) 80 ac (32 ha) on Spit and Eastern Islands. All lands within this unit are in Federal ownership. General land use within this unit is historical preservation and natural resource conservation. There are no permanent inhabitants on Spit and Eastern Islands.

Unit HI-02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important managed nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to

expand and recover. Additionally, this unit contains basking male and female green turtles year-round, providing important basking habitat throughout the year. Finally, the remoteness of Midway Islands provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS.

Threats to the PBFs identified within Unit HI-02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (

i.e.,

hurricanes, tsunamis, oil spills), invasive nonnative vegetation, human activities (

i.e.,

shoreline stabilization and response to oil spills), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife conservation purposes as the Midway Atoll NWR and the Papahānaumokuākea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papahānaumokuākea Marine National Monument 2008, entire).

Unit HI-03: Pearl and Hermes Atoll

Unit HI-03 consists of 207 ac (84 ha) on Pearl and Hermes (a.k.a. Manawai or Holoikauaua), Honolulu County, the third northernmost island in the Hawaiian archipelago. This unit is located approximately 97 mi (156 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. This unit includes seven segments: 74 ac (30 ha) on North Island, 34 ac (14 ha) on Little North Island, 34 ac (14 ha) on Southeast Island, 3 ac (1 ha) on Bird Island, 14 ac (6 ha) and 3 ac (1 ha) on Green Island, and 46 ac (19 ha) on Kittery Island (a.k.a. Seal Kittery Island). All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Pearl and Hermes Atoll.

Unit HI-03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles year-round, providing important basking habitat throughout the year. Finally, the remoteness of Pearl and Hermes Atoll provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS.

Threats to the PBFs identified within Unit HI-03 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife conservation purposes as the Hawaiian Islands NWR and the Papahānaumokuākea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papahānaumokuākea Marine National Monument 2008, entire).

Unit HI-04: Lisianski Island

Unit HI-04 consists of 295 ac (119 ha) on Lisianski Island (a.k.a. Kapou or Papa'āpoho), Honolulu County, the fourth northernmost island in the Hawaiian archipelago. This island unit is located approximately 256 mi (412 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Lisianski Island.

Unit HI-04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles throughout the year, providing important basking habitat during non-reproductive periods. The remoteness of Lisianski Island provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS.

Threats to the PBFs identified within Unit HI-04 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, controlling and removing invasive plant species, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife conservation purposes as the Hawaiian Islands NWR and the Papahānaumokuākea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papahānaumokuākea Marine National Monument 2008, entire).

Unit HI-05: Laysan Island

Unit HI-05 consists of 171 ac (69 ha) on Laysan Island (a.k.a. Kamole or Kauō), Honolulu County, and is the fifth northernmost island in the Hawaiian archipelago. This island unit is located approximately 386 mi (621 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Laysan Island.

Unit HI-05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season

and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles throughout the year, providing important basking habitat during non-reproductive periods. The remoteness of Laysan Island provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Approximately 171 ac (69 ha; 100 percent) of the unit overlap with currently designated critical habitat for the following Hawaiian plants (68 FR 28054, May 22, 2003): coastal flatsedge (

Cyperus pennatiformis

) and loulu (

Pritchardia remota

).

Threats to the PBFs identified within Unit HI-05 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, controlling and removing invasive plant species, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife and plant conservation purposes as the Hawaiian Islands NWR and the Papahānaumokuākea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papahānaumokuākea Marine National Monument 2008, entire).

Unit HI-06: French Frigate Shoals

Unit HI-06 consists of 95 ac (38 ha) in French Frigate Shoals (a.k.a. Lalo or Kānemiloha'i), Honolulu County, the sixth northernmost island in the Hawaiian archipelago. This unit is located approximately 557 to 761 mi (896 to 1,226 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures (

e.g.,

abandoned military structures). This unit includes seven segments: 6 ac (3 ha) on Shark Island, 17 ac (7 ha) on Tern Island, 3 ac (1 ha) on Trig Island, 1 ac (less than 1 ha) on Round Island, 27 ac (11 ha) on East Island, 20 ac (8 ha) on Little Gin Island, and 22 ac (9 ha) on Gin Island. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on French Frigate Shoals.

Unit HI-06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles during the nesting season, serving as an important nesting area while also providing internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. This unit also contains basking male and female green turtles throughout the year, providing important basking habitat during non-reproductive periods. The remoteness of French Frigate Shoals provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS.

Threats to the PBFs identified within Unit HI-06 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, controlling and removing invasive plant species, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife and plant conservation purposes as the Hawaiian Islands NWR and the Papahānaumokuākea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papahānaumokuākea Marine National Monument 2008, entire).

Unit HI-07: Halelea and Ko`olau Moku

Unit HI-07 consists of 69 ac (28 ha) along the north shore of the island of Kaua'i, Kaua'i County. This unit is located approximately 2 mi (4 km) to the west and 11 mi (18 km) to the east of community of Princeville, Kaua'i and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (

e.g.,

retaining wall). This unit comprises 22 segments in 10 areas on the northeast side of the island:

(1) 4 segments within Hanalei Bay (west to east, 2 of which are less than 1 ac (less than 1 ha), 1 segment that is 4 ac (2 ha), and 1 segment that is 19 ac (8 ha));

(2) 1 segment on Sea Lodge Beach (less than 1 ac (less than 1 ha));

(3) 1 segment on 'Anini Beach (1 ac (less than 1 ha));

(4) 3 segments on Kalihiwai Beach (west to east, 1 ac (less than 1 ha), 3 ac (1 ha), and less than 1 ac (less than 1 ha));

(5) 6 segments at Kauapea Beach (west to east, less than 1 ac (less than 1 ha), less than 1 ac (less than 1 ha), 8 ac (3 ha), less than 1 ac (less than 1 ha), 6 ac (2 ha), and 7 ac (3 ha));

(6) 1 segment north of Crater Hill at Makapili Beach (4 ac (2 ha));

(7) 1 segment along the southwest shore of Kīlauea Bay at Wailapa Beach (7 ac (3 ha));

(8) 1 segment on Pīla'a Beach (2 ac (1 ha));

(9) 1 segment on Ka'aka'aniu Beach (a.k.a. Larsen's Beach or Lepeuli Beach) (3 ac (1 ha));

(10) 2 segments along Moloa'a Bay (from west to east, 3 ac (1 ha) and 1 ac (less than 1 ha)); and

(11) 1 segment on Pāpa'a Beach (1 ac (less than 1 ha)).

Lands within this unit include approximately 2 ac (1 ha; 2 percent) in Federal ownership, less than 1 ac (less than 1 ha; 1 percent) in State ownership, less than 1 ac (less than 1 ha, 1 percent) in local government ownership, 9 ac (3 ha; 12 percent) in private/other ownership, and 59 ac (24 ha; 85 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (

e.g.,

fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding), and tourism.

Unit HI-07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the same geographic area, indicating that it serves as an important nesting site. This unit also has basking green turtles year-round, demonstrating that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The

segments of this unit at Makapili Beach, Wailapa Beach, Pīla'a Beach, Lepeuli Beach, Moloa'a Stream, Moloa'a Bay, and Papa'a Beach are surrounded by undeveloped forested lands, and many are also at the bottom of steep cliffs; therefore, these areas provide overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season and throughout the year for basking green turtles. Approximately 1 ac (less than 1 ha; 2 percent) of the unit overlaps with currently designated critical habitat for a Hawaiian plant,

Ischaemum byrone

(68 FR 9116, February 27, 2003), at Kauapea Beach 5 and 6.

Threats to the PBFs identified within Unit HI-07 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris from the beaches and marine debris that washes ashore. Less than 1 ac (less than 1 ha) of the Federal lands within this unit are managed by the USFWS for plant and wildlife conservation as part of the Kīlauea Point NWR's Comprehensive Conservation Plan (USFWS 2016, entire).

Unit HI-08: Nā Pali Coast and Mānā Plains

Unit HI-08 consists of 254 ac (103 ha) along the western coast of the island of Kaua'i, Kaua'i County. This unit is located in and to the west of the community of Kekaha and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (

e.g.,

shoreline stabilization measures). This unit comprises four segments in two areas, from north to south: (1) two 7-ac (3-ha) segments along the Nā Pali Coast at Nu'alolo Kai Beach and Miloli'i Beach, respectively; and (2) two adjacent segments totaling 178 ac (72 ha) and 64 ac (26 ha) along the coast of Mānā Plains at Barking Sands to Polihale Beach and Kekaha Beach, respectively. Lands within this unit include approximately 228 ac (92 ha; 90 percent) in State ownership and 26 ac (11 ha; 10 percent) that are uncategorized. General land use in this unit is natural resource conservation and recreational activities (

e.g.,

swimming, picnicking, fishing, camping, hiking, and sightseeing).

Unit HI-08 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Nu'alolo Kai and Miloli'i Beaches are in a remote part of Kaua'i, surrounded by undeveloped forested lands, and reside at the bottom of steep cliffs; therefore, these areas provide overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season and throughout the year for basking green turtles. Approximately 191 ac (77 ha; 75 percent) of the unit overlaps with currently designated critical habitat for the following Hawaiian plants (68 FR 9116, February 27, 2003):

Brighamia insignis, Schenkia sebaeoides, Cyperus trachysanthos, Kadua stjohnii, Schiedea apokremnos, Panicum niihauense,

and

Sesbania tomentosa

at Miloli'i Beach, Nu'alolo Kai, Kekaha Beach, and Barking Sands-Polihale Beach.

Threats to the PBFs identified within Unit HI-08 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, human activities (

i.e.,

shoreline stabilization, sand renourishment, transportation), recreation, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris from the beaches and marine debris that washes ashore. The State lands within this unit are managed by the Hawai'i Division of State Parks and the Hawai'i Division of Forestry and Wildlife for plant and wildlife conservation as part of the Nā Pali Coast State Wilderness Park, the Polihale State Park, and the Pu'u Ka Pele Forest Reserve (Hawai'i Division of State Parks (HDSP) 2022a, no page numbers; HDSP 2022b, no page numbers; HDOFAW 2022, entire).

Unit HI-09: Puna Moku on Kaua'i

Unit HI-09 consists of 33 ac (13 ha) along the eastern coast of the island of Kaua'i, Kaua'i County. This unit is located approximately 9 mi (15 km) to the northeast and 5 mi (8 km) to the southwest of the town of Lihue, Kaua'i and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (

e.g.,

shoreline stabilization measures or roadway or parking lot barriers). This unit comprises five segments in three areas: (1) three segments from north to south on Keālia Beach, Wailuā Beach, and Nukoli'i Beach (14 ac (6 ha), 5 ac (2 ha), and 6 ac (2 ha), respectively); (2) one segment less than 1 ac (less than 1 ha) on the northeast shoreline of Nāwiliwili Harbor at Ninini Beach; and (3) one segment on Kīpū Kai Beach (8 ac (3 ha)). Lands within this unit include approximately 3 ac (1 ha; 10 percent) in State ownership, 2 ac (1 ha, 7 percent) in local government ownership, 13 ac (5 ha; 41 percent) in private/other ownership, and 14 ac (6 ha; 42 percent) that are uncategorized. General land use within this unit is cultural resource preservation, recreational activities (

e.g.,

fishing, swimming, picnicking, and camping), tourism, and film production.

Unit HI-09 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The area at the Kīpū Kai Beach is only accessible through private land or by water, thereby providing overall limited

disturbance to green turtle eggs, hatchlings, and adults at this location during the nesting season and throughout the year for basking green turtles.

Threats to the PBFs identified within Unit HI-09 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused or human-caused disasters (

i.e.,

hurricanes, tsunamis, and oil spills), invasive nonnative vegetation, human activities (

i.e.,

shoreline stabilization, sand renourishment; dredging, and transportation), recreation, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore.

Unit HI-10: Kona Moku on Kaua'i

Unit HI-10 consists of 14 ac (6 ha) in the communities of Hanapēpē, Lāwai, and Po'ipu, Kaua'i County on the island of Kaua'i. This unit is located approximately 6 mi (9 km) to the southwest and 7 mi (11 km) to the southeast of the community of Kalāheo, Kaua'i, and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments in four areas: (1) one segment each on Hanapēpē Salt Pond Beach (4 ac (2 ha)) and Wahiawa Beach (1 ac (less than 1 ha); (2) one segment on Lāwai Kai Beach (2 ac (1 ha)); (3) one segment along Poipu Beaches (3 ac (1 ha)); and (4) one segment along Keoniloa Bay at Shipwreck Beach (4 ac (1 ha)). Lands within this unit include approximately 4 ac (2 ha; 27 percent) in State ownership, 3 ac (1 ha; 18 percent) in local government ownership, 6 ac (3 ha; 45 percent) in private/other ownership, and 1 ac (1 ha; 10 percent) that is uncategorized. General land use within this unit is cultural preservation, recreational activities (

e.g.,

fishing, surfing, swimming, and picnicking), and tourism.

Unit HI-10 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, which demonstrates that it serves as an important nesting site. This unit also has basking green turtles throughout the year, which shows that it serves as important basking habitat during the year. In addition, this unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. This unit also has existing outreach efforts at Poipu Beaches to provide guidance on respectful wildlife viewing to reduce the harassment of basking and nesting turtles, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas.

Threats to the PBFs identified within Unit HI-10 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused and human-caused disasters (

i.e.,

hurricanes, tsunamis, and oil spills), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore.

Unit HI-11: Northern Ko'olauloa Moku

Unit HI-11 consists of 132 ac (54 ha) in the communities of Hale'iwa, Kahuku, Lā'ie, and Hau'ula, Honolulu County. This unit is located less than 1 mi (1 km) north and 11 mi (17 km) east of the community of Pūpūkea, O'ahu, and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises 12 segments in 5 areas: (1) one segment on 'Ehukai Beach (37 ac (15 ha)); (2) two segments within Kawela Bay (west to east, 2 ac (1 ha) and 2 ac (1ha)); (3) one segment each at Turtle Bay, Kaihalulu Beach, and Kahuku North Beach (5 ac (2 ha), 4 ac (1 ha), 19 ac (8 ha)); (4) two segments along the shoreline of James Campbell NWR (north to south, 9 ac (3 ha) and 20 ac (8 ha)); and (5) one segment each on Kahuku Golf Course Beach, Malāekahana Beach, Hau'ula Beach, and Mākao Beach (21 ac (8 ha), 11 ac (5 ha), 2 ac (1 ha), and less than 1 ac (less than 1 ha)). Lands within this unit include approximately 24 ac (10 ha; 18 percent) in Federal ownership, 26 ac (10 ha; 19 percent) in State ownership, less than 1 ac (less than 1 ha; less than 1 percent) in local government ownership, 30 ac (12 ha; 22 percent) in private/other ownership, and 53 ac (21 ha; 40 percent) that are uncategorized. General land use in this unit is natural resource conservation, recreational activities (

e.g.,

fishing, swimming, picnicking, and camping), flood control, tourism, and film production.

Unit HI-11 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Land managers within this unit also conduct outreach efforts for beach users regarding respectful wildlife viewing, thereby limiting disturbance to basking juveniles and adults, nesting females, and emerging green turtle hatchlings.

Threats to the PBFs identified within Unit HI-11 include habitat loss, modification, and degradation of nesting beach habitat from climate change, naturally caused disasters (

i.e.,

hurricanes and tsunamis), invasive nonnative vegetation, human activities (

i.e.,

shoreline stabilization, sand renourishment, and transportation), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes

ashore. Federal lands within this unit are managed by the USFWS for plant and wildlife conservation as part of the James Campbell NWR's Comprehensive Conservation Plan (USFWS 2011, entire). State lands are managed by the Hawai'i Department of Land and Natural Resources for recreation as part of the Malāekahana State Recreation Area (Kahuku Sec.) and Malāekahana State Recreation Area (Laie Sec.) (HDSP 2022c, no page numbers).

Unit HI-12: Waialua Moku

Unit HI-12 consists of 82 ac (33 ha) in the communities of Mokulē'ia, Waialua, and Haleiwa, Honolulu County. This unit is located approximately 26 to 30 mi (42 to 49 km) northwest of the city of Honolulu, O'ahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (

e.g.,

retaining walls, hardened shoreline, or abandoned military structures). This unit comprises 12 segments in 5 areas: (1) 2 segments along Mokulē'ia Beach (from west to east, 19 ac (8 ha) and 9 ac (3 ha)); (2) 1 segment that runs parallel to Croizer Drive (10 ac (4 ha)); (3) 2 segments within Ali'i Beach Park (from west to east, 6 ac (2 ha) and 3 ac (1 ha)); (4) 4 segments within Hale'iwa Beach Park and Pua'ena Beach (from west to east, 1 segment that is 3 ac (1 ha), and 3 segments each of which are less than 1 ac (less than 1 ha); and (5) 3 segments east of Pua'ena Point at Pua'ena Point to Papailoa Beach, and Chun's Reef (from west to east, 22 ac (9 ha), 5 ac (2 ha), and 7 ac (3 ha)). Lands within this unit include approximately less than 1 ac (less than 1 ha; less than 1 percent) in Federal ownership, 7 ac (3 ha; 9 percent) in State ownership, 5 ac (2 ha; 6 percent) in local government ownership, 29 ac (12 ha; 35 percent) in private/other ownership, and 41 ac (17 ha; 44 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (

e.g.,

swimming, snorkeling, scuba diving, surfing, picnicking, camping, fishing, hiking, and sky diving), tourism, and film production.

Unit HI-12 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles along the western coast of the north shore of O'ahu. It serves as an important nesting area while also providing internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. This unit also contains basking male and female green turtles year-round, serving as important basking habitat throughout the year. This unit has existing outreach efforts at beaches for beach users on respectful wildlife viewing guidance, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Approximately less than 1 ac (less than 1 ha; 0 percent) of the unit overlaps with currently designated critical habitat for the following Hawaiian plants (77 FR 57647, September 18, 2012):

Achyranthes splendens

var.

rotundata Bidens amplectens, Euphorbia celastroides

var.

kaenana, Schenkia sebaeoides, Sesbania tomentosa,

and

Vigna o-wahuensis

in Mokulē'ia Beach.

Threats to the PBFs identified within Unit HI-12 include habitat loss, modification, and deg

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