Designated Critical Habitat; Green and Hawksbill Sea Turtles

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 971124276-7276-01; I.D. No. 110797B]

RIN 0648-AH88

Designated Critical Habitat; Green and Hawksbill Sea Turtles

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

ACTION: Proposed rule; request for comments; and notice of public

hearings.

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SUMMARY: NMFS proposes to designate critical habitat pursuant to the

Endangered Species Act of 1973 (ESA) for the threatened green turtle

(Chelonia mydas) to include waters extending seaward 3 nautical miles

(nm) [5.6 kilometers(km)] from the mean high water line of Culebra

Island, Puerto Rico (see Figure 1), and for the endangered hawksbill

turtle (Eretmochelys imbricata) to include waters extending seaward 3

nm (5.6 km) from the mean high water line of Mona and Monito Islands,

Puerto Rico (see Figure 2). The designation of critical habitat

provides explicit notice to Federal agencies and to the public that

these areas and features are vital to the conservation of the species.

DATES: Comments must be received on or before February 17, 1998.

The public hearings on this proposed action are scheduled from 7

p.m. to 9 p.m. as follows:

1. Monday, January 26, 1998--Eugene Francis Conference Room,

Physics Building, University of Puerto Rico at Mayaguez, Palmeras Road,

Mayaguez, Puerto Rico.

2. Tuesday, January 27, 1998--Puerto Rico Department of Natural and

Environmental Resources, Central Office Auditorium, Munoz Rivera Avenue

(Bus Stop 3\1/2\), Puerta Tierra, Puerto Rico.

3. Thursday, January 29, 1998--Center for Multiple Use, Williamson

Street, Culebra, Puerto Rico.

ADDRESSES: Comments and requests for a copy of the environmental

assessment (EA) for this proposed rule should be addressed to Barbara

Schroeder, National Sea Turtle Coordinator, Office of Protected

Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Michelle Rogers, 301-713-1401 or

Bridget Mansfield, 813-570-5312.

SUPPLEMENTARY INFORMATION:

Background

On February 14, 1997, NMFS announced the receipt of a petition

presenting substantial information to warrant a review (62 FR 6934) to

designate critical habitat for green (Chelonia mydas) and hawksbill

(Eretmochelys imbricata) turtles to include all coastal waters

surrounding the islands of the Culebra archipelago. At that time, NMFS

also requested additional information concerning other areas in the

U.S. Caribbean where the designation of critical habitat for listed sea

turtles may be warranted.

Upon further review, NMFS has determined that substantial

information exists to warrant the designation of critical habitat for

green and hawksbill turtles in the Caribbean. Therefore, NMFS proposes

to designate critical habitat for the threatened green turtle to

include coastal waters surrounding Culebra Island, Puerto Rico, and for

the endangered hawksbill turtle to include coastal waters surrounding

Mona and Monito Islands, Puerto Rico (see Proposed Critical Habitat;

Geographic Extent section of this notice). This designation of critical

habitat for the hawksbill turtle complements the U.S. Fish and Wildlife

Service (USFWS) action which designated critical habitat for this

species to include all areas of beachfront on the west, south, and east

sides of Mona Island, as well as certain nesting beaches on Culebra,

Cayo Norte, and Culebrita in the Culebra archipelago (47 FR 27295, June

24, 1982).

In accordance with the July 18, 1977, Memorandum of Understanding

between NMFS and the USFWS, NMFS was given responsibility for sea

turtles while in the marine environment. Such responsibility includes

proposing and designating critical habitat. The designation of critical

habitat for sea turtles while on land is the jurisdiction of the USFWS;

therefore, this rule includes only marine areas.

Green and hawksbill turtles are largely restricted to tropical and

subtropical waters. Once abundant throughout the Caribbean, green and

hawksbill turtle populations have diminished to the point where they

may likely be extirpated from this area. The green turtle is listed as

threatened under the ESA, except for the Florida and Pacific coast of

Mexico breeding populations, which are listed as endangered. The

hawksbill turtle is listed as endangered throughout its range.

Additionally, green and hawksbill turtles, as well as other marine

turtle species, are protected internationally under the Convention on

International Trade in Endangered Species of Wild Fauna and Flora

(CITES). Without these protections, it is highly unlikely that either

species, traditionally highly prized in the Caribbean for their flesh,

fat, eggs, and shell, would exist today.

The extensive seagrass beds of the Culebra archipelago support a

large juvenile population of green turtles. Researchers estimate that

over 150 juvenile green turtles are resident on Culebra seagrass beds

at any given time. Additionally, a small population of adult green

turtles have been documented in these waters (Collazo et al., 1992).

On November 10, 1993, the USFWS designated Culebra seagrass beds as

Resource Category 1, recognizing these seagrasses as critical foraging

habitat for juvenile green turtles (USFWS, 1993). The USFWS mitigation

policy classifies habitats into different resource categories according

to their importance on a national or ecoregional scale. This

classification provides guidance to the USFWS, NMFS, action agencies,

and private developers that mitigation may be necessary if impacts to

these habitats are anticipated. Resource Category 1 designation

recognizes the habitat as unique and irreplaceable on a national or

ecoregional level and states that loss of the habitat is not

acceptable.

Green turtles nest sporadically on Puerto Rico's beaches. Green

turtle nests have been observed on the main island of Puerto Rico, as

well as on Mona and Vieques Islands, and have been reported

periodically on Culebra Island (Bacon et al., 1984; Carr, 1978;

Pritchard and Stubbs, 1981). The natal beaches of Culebra's juvenile

green turtles and the location of their nesting beaches are unknown.

The coastal waters of Culebra provide habitat for hawksbill and

leatherback turtles as well. Hawksbill turtles forage extensively on

the nearby reefs, and both hawksbills and leatherbacks use Culebra's

coastal waters to access nesting beaches. Culebra and St. Croix

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beaches have the greatest density of leatherback nests within U.S.

waters.

Mona and Monito Islands are uninhabited natural reserves managed by

the Puerto Rico Department of Natural and Environmental Resources. The

waters surrounding Mona Island are one of the few known remaining

locations in the Caribbean where hawksbill turtles occur with

considerable density (Diez and van Dam, 1996). Researchers have shown

that the large juvenile population of hawksbill turtles around Mona and

Monito are long term residents, exhibiting strong site fidelity for

periods of at least several years (Diez, 1996). Mona Island supports

the largest population of nesting hawksbill turtles in the U.S.

Caribbean. During the most recent nesting season, a record 354 nests

and 288 false crawls were recorded from July 31, 1996, to January 17,

1997 (Diez, 1996).

Additionally, the waters surrounding Mona Island support a small

green turtle population, which possibly is surviving only because of

Mona's remoteness and the full-time presence of Puerto Rico Department

of Natural and Environmental Resources fisheries/wildlife enforcement

personnel. Limited green turtle nesting still occurs on Mona Island.

Use of the term ``essential habitat'' within this Notice refers to

critical habitat as defined by the ESA and should not be confused with

the requirement to describe and identify Essential Fish Habitat (EFH)

pursuant to the Magnuson-Stevens Fishery Conservation and Management

Act, 16 U.S.C. 1801 et sec.

Definition of Critical Habitat

Critical habitat is defined in section 3(5)(A) of the ESA as ``(i)

the specific areas within the geographical area occupied by the species

* * * on which are found those physical or biological features (I)

essential to the conservation of the species and (II) which may require

special management considerations or protection; and (ii) specific

areas outside the geographical area occupied by the species * * * upon

a determination by the Secretary that such areas are essential for the

conservation of the species.'' (see 16 U.S.C. 1532(5)(A)). The term

``conservation,'' as defined in section 3(3) of the ESA, means ``* * *

to use and the use of all methods and procedures which are necessary to

bring any endangered species or threatened species to the point at

which the measures provided pursuant to this Act are no longer

necessary.'' (see 16 U.S.C. 1532(3)).

In designating critical habitat, NMFS must consider the

requirements of the species, including: (1) Space for individual and

population growth, and for normal behavior; (2) food, water, air,

light, minerals, or other nutritional or physiological requirements;

(3) cover or shelter; (4) sites for breeding, reproduction, or rearing

of offspring; and, generally, (5) habitats that are protected from

disturbance or are representative of the historic geographical and

ecological distributions of the species (see 50 CFR 424.12(b)).

In addition to these factors, NMFS must focus on and list the known

physical and biological features (primary constituent elements) within

the designated area(s) that are essential to the conservation of the

species and that may require special management considerations or

protection. These essential features may include, but are not limited

to, breeding/nesting areas, food resources, water quality and quantity,

and vegetation and soil types (see 50 CFR 424.12(b)).

Consideration of Economic, Environmental and Other Factors

The economic, environmental, and other impacts of a critical

habitat designation have been considered and evaluated. NMFS identified

present and anticipated activities that (1) may adversely modify the

areas being considered for designation and/or (2) may be affected by a

designation. An area may be excluded from a critical habitat

designation if NMFS determines that the overall benefits of exclusion

outweigh the benefits of designation, unless the exclusion will result

in the extinction of the species (see 16 U.S.C. 1533(b)(2)).

The impacts considered in this analysis are only those incremental

impacts specifically resulting from a critical habitat designation,

above the economic and other impacts attributable to listing the

species or resulting from other authorities. Since listing a species

under the ESA provides significant protection to a species' habitat, in

many cases the economic and other impacts resulting from the critical

habitat designation, over and above the impacts of the listing itself,

are minimal (see Significance of Designating Critical Habitat section

of this proposed rule). In general, the designation of critical habitat

highlights geographical areas of concern and reinforces the substantive

protection resulting from the listing itself.

Impacts attributable to listing include those resulting from the

``take'' prohibitions contained in section 9 of the ESA and associated

regulations. ``Take,'' as defined in the ESA means to harass, harm,

pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to

attempt to engage in any such conduct (see 16 U.S.C. 1532(19)). Harm

can occur through destruction or modification of habitat (whether or

not designated as critical) that significantly impairs essential

behaviors, including breeding, feeding, or sheltering.

Significance of Designating Critical Habitat

The designation of critical habitat does not, in and of itself,

restrict human activities within an area or mandate any specific

management or recovery action. A critical habitat designation

contributes to species conservation primarily by identifying critically

important areas and by describing the features within those areas that

are essential to the species, thus alerting public and private entities

to the area's importance. Under the ESA, the only regulatory impact of

a critical habitat designation is through the provisions of section 7.

Section 7 applies only to actions with Federal involvement (e.g.,

authorized, funded, conducted), and does not affect exclusively state

or private activities.

Under the section 7 provisions, a designation of critical habitat

would require Federal agencies to ensure that any action they

authorize, fund, or carry out is not likely to adversely modify or

destroy the designated critical habitat. Activities that adversely

modify or destroy critical habitat are defined as those actions that

``appreciably diminish the value of critical habitat for both the

survival and recovery'' of the species (see 50 CFR 402.02). Regardless

of a critical habitat designation, Federal agencies must ensure that

their actions are not likely to jeopardize the continued existence of

the listed species. Activities that jeopardize a species are defined as

those actions that ``reasonably would be expected, directly or

indirectly, to reduce appreciably the likelihood of both the survival

and recovery'' of the species (see 50 CFR 402.02). Using these

definitions, activities that destroy or adversely modify critical

habitat may also be likely to jeopardize the species. Therefore, the

protection provided by a critical habitat designation generally

duplicates the protection provided under the section 7 jeopardy

provision.

A designation of critical habitat, in addition to emphasizing and

alerting public and private entities to the critical importance of said

habitat to listed species, provides a clear indication to Federal

agencies regarding when section

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7 consultation is required, particularly in cases where the action

would not result in direct mortality, injury, or harm to individuals of

a listed species (e.g., an action occurring within the critical area

when a migratory species is not present). The critical habitat

designation, describing the essential features of the habitat, also

assists Federal action agencies in determining which activities

conducted outside the designated area are subject to section 7 (i.e.,

activities that may affect essential features of the designated area).

For example, discharge of sewage or disposal of waste material, or

construction activities that could lead to soil erosion and increased

sedimentation in waters in or adjacent to a critical habitat area may

affect an essential feature of the designated habitat (water quality)

and would be subject to the provisions of section 7 of the ESA.

A critical habitat designation will also assist Federal agencies in

planning future actions since the designation establishes, in advance,

those habitats that will be given special consideration during section

7 consultations. With a designation of critical habitat, potential

conflicts between projects and endangered or threatened species can be

identified and possibly avoided early in the agency's planning process.

Another indirect benefit of a critical habitat designation is that

it helps focus Federal, state, and private conservation and management

efforts in such areas. Management efforts may address special

considerations needed in critical habitat areas, including conservation

regulations to restrict private as well as Federal activities. The

economic and other impacts of these actions would be considered at the

time of those proposed regulations and, therefore, are not considered

in the critical habitat designation process. Other Federal, state, and

local laws or regulations, such as zoning or wetlands protection, may

also provide special protection for critical habitat areas.

Process for Designating Critical Habitat

Developing a proposal for critical habitat designation involves

three main considerations. First, the biological needs of the species

are evaluated and habitat areas and features that are essential to the

conservation of the species are identified. If alternative areas exist

that would provide for the conservation of the species, such

alternatives are also identified. Second, the need for special

management considerations or protection of the area(s) or features are

evaluated. Finally, the probable economic and other impacts of

designating these essential areas as ``critical habitat'' are

evaluated. After considering the requirements of the species, the need

for special management, and the impacts of the designation, the

proposed critical habitat designation is published in the Federal

Register for comment. The final critical habitat designation,

considering comments on the proposal and impacts assessment, is

published within one year of the proposed rule. Final critical habitat

designations may be revised, using the same process, as new information

becomes available.

A description of the critical habitat, need for special management,

impacts of designating critical habitat, and the proposed action are

described in the following sections for green and hawksbill sea

turtles.

Critical Habitat of the Green Turtle

Biological information for listed green turtles can be found in the

Recovery Plan for U.S. Population of Atlantic Green Turtle (NMFS and

USFWS, 1991), the most recent green turtle status review (NMFS in

prep.), and the Federal Register notices of proposed and final listing

determination (see 40 FR 21982, May 20, 1975; 43 FR 32800, July 28,

1978). These documents include information on the status of the

species, its life history characteristics and habitat requirements, as

well as projects, activities and other factors affecting the species.

While the precise space requirements for populations of green

turtles are unknown, globally this species is primarily restricted to

tropical and subtropical waters. In U.S. Atlantic and Gulf of Mexico

waters, green turtles are found from Massachusetts to Texas and in the

U.S. Virgin Islands and Puerto Rico. Caribbean populations of green

turtles have diminished significantly from historical levels, primarily

due to the directed turtle fishery that existed prior to their listing

under the ESA. Additionally, researchers have documented that habitat

loss is a primary factor slowing the recovery of the species throughout

its range. Degradation of seagrass beds has slowed recovery of green

turtles in the Caribbean due to reduced carrying capacity of seagrass

meadows (Williams, 1988). Therefore, the extent of habitat required for

foraging green turtles is likely to be increasing due to the reduced

productivity of remaining seagrass beds.

Seagrasses are the principal dietary component of juvenile and

adult green turtles throughout the Wider Caribbean region (Bjorndal,

1995). The seagrass beds of Culebra consist primarily of turtle grass

(Thalassia testudinum). While seagrasses are distributed throughout

temperate and tropical latitudes, turtle grass beds are a tropical

phenomenon. In the Caribbean, turtle grass beds consist primarily of

turtle grass, but may include other species of seagrass such as manatee

grass (Syringodium filiforme), shoal grass (Halodule wrightii), and sea

vine (Halophila decipiens), as well as several species of algae

including green algae of the genera Halimeda, Caulerpa, and Udotea.

The natal beaches of Culebra's juvenile green turtles have not yet

been identified. After emerging from nests on natal beaches, post-

hatchlings may move into offshore convergence zones for an undetermined

length of time (Carr, 1986). Upon reaching approximately 25 to 35 cm

carapace length, juvenile green turtles enter benthic feeding grounds

in relatively shallow, protected waters (Collazo et al., 1992).

The importance of the Culebra archipelago as green turtle

developmental habitat has been well documented. Researchers have

established that Culebra coastal waters support juvenile and subadult

green turtle populations and have confirmed the presence of a small

population of adults (Collazo et al., 1992). These findings, together

with information obtained from studies conducted in the U.S. Virgin

Islands, have reaffirmed the importance of developmental habitats

throughout the eastern portion of the Puerto Rican Bank (Collazo et

al., 1992). Additionally, the coral reefs and other topographic

features within these waters provide green turtles with shelter during

interforaging periods that serve as refuge from predators.

Culebra seagrasses provide foraging habitat for many valuable

species. In addition to green turtles, the commercially important queen

conch (Strombus gigas) and coral reef bony fishes (Class Osteichthyes),

such as parrotfish (Sparisoma spp.), grunts (Haemulon spp.), porgies or

sea breams (Archosargus rhomboidalis), and others, utilize this

important habitat. Culebra's seagrass beds also provide habitat for the

endangered west Indian manatee (Trichechus manatus) and several species

of cartilaginous fishes (Class Chondrichthyes). Additionally, seagrass

beds beneficially modify the physical, chemical, and geological

properties of coastal areas. They provide nutrients, primary energy,

and habitats that help sustain coastal fisheries resources while

enhancing biological diversity and wildlife (Vicente and Tallevast,

1992).

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Critical Habitat of the Hawksbill Turtle

Biological information for listed hawksbill turtles can be found in

the Recovery Plan for the Hawksbill Turtle in the U.S. Caribbean,

Atlantic and Gulf of Mexico (NMFS and USFWS, 1993), the Hawksbill

Turtle Status Review (NMFS, 1995), and the Federal Register notice of

final listing determination (see 35 FR 8495, June 2, 1970). These

documents include information on the status of the species, its life

history characteristics and habitat requirements, as well as projects,

activities, and other factors affecting the species.

The hawksbill turtle occurs in tropical and subtropical waters of

the Atlantic, Pacific and Indian Oceans. The species is widely

distributed in the Caribbean Sea and western Atlantic Ocean. Within the

United States, hawksbills are most common in Puerto Rico and its

associated islands, the U.S. Virgin Islands, and Florida.

International commerce in hawksbill shell, or ``bekko,'' is

considered the most significant factor endangering hawksbill turtle

populations around the world. Despite international trade protections

under CITES, trade in hawksbill shell continues. The illegal take of

hawksbills at sea has not yet been fully quantified, but it is a

continuing and serious problem.

Juvenile hawksbills are thought to lead a pelagic existence before

recruiting to benthic feeding grounds at a size of approximately 25 cm

straight carapace length (Meylan and Carr, 1982). Coral reefs, like

those found in the waters surrounding Mona and Monito Islands, are

widely recognized as the primary foraging habitat of juvenile,

subadult, and adult hawksbill turtles. This habitat association is

directly related to the species' highly specific diet of sponges

(Meylan, 1988). Gut content analysis conducted on hawksbills collected

from the Caribbean suggest that a few types of sponges make up the

major component of their diet, despite the prevalence of other sponges

on the coral reefs where hawksbills are found (Meylan, 1984). Vicente

(1993) observed similar feeding habits in hawksbills foraging

specifically in Puerto Rico. Additionally, the ledges and caves of the

reef provide shelter for resting and refuge from predators.

The hawksbill's dependence on coral reefs for shelter and food

links its well-being directly to the condition of reefs. Destruction of

coral reefs due to deteriorating water quality and vessel anchoring,

striking, or grounding is a growing problem.

The coral reefs of Mona and Monito Islands are among the few known

remaining locations in the Caribbean where hawksbill turtles occur with

considerable density (Diez and van Dam, 1996). Recent genetic studies

indicate that this resident population of immature hawksbills comprises

individuals from multiple nesting populations in the Wider Caribbean.

These data indicate that the conservation of the juvenile population of

hawksbill turtles at Mona can contribute to sustaining healthy nesting

populations throughout the Caribbean Region (Bowen et al., 1996).

Additionally, data on hawksbill turtle diet composition and foraging

behavior suggest that this high-density hawksbill population may play a

significant role in maintaining sponge species diversity in the

nearshore benthic communities of Mona and Monito Islands (van Dam and

Diez, 1997).

Hawksbills utilize both low- and high-energy nesting beaches in

tropical oceans of the world. Both insular and mainland nesting sites

are known. Hawksbills will nest on small pocket beaches and, because of

their small body size and great agility, can traverse fringing reefs

that limit access by other species.

Nesting within the southeastern United States occurs principally in

Puerto Rico and in the U.S. Virgin Islands, the most important sites

being Mona Island in Puerto Rico and Buck Island Reef National Monument

in the U.S. Virgin Islands. Mona Island supports the largest population

of nesting hawksbill turtles in the U.S. Caribbean. Considerable

nesting also occurs on the beaches of Culebra, Vieques, and mainland

Puerto Rico, as well as St. Croix, St. John, and St. Thomas.

Need for Special Management Considerations or Protection

In order to assure that the essential areas and features described

in previous sections are maintained or restored, special management

measures may be needed. Activities that may require special management

considerations for listed green and hawksbill turtle foraging and

developmental habitats include, but are not limited to, the following:

(1) Vessel traffic--Propeller dredging and anchor mooring severely

disrupt benthic habitats by crushing coral, breaking seagrass root

systems, and severing rhizomes. Propeller dredging and anchor mooring

in shallow areas are major disturbances to even the most robust

seagrasses. Trampling of seagrass beds and live bottom, a secondary

effect of recreational boating, also disturbs seagrasses and coral.

(2) Coastal construction--The development of marinas and private or

commercial docks in inshore waters can negatively impact turtles

through destruction or degradation of foraging habitat. Additionally,

this type of development leads to increased boat and vessel traffic

which may result in higher incidences of propeller- and collision-

related mortality.

(3) Point and non-point source pollution--Highly colored, low

salinity sewage discharges may provoke physiological stress upon

seagrass beds and coral communities and may reduce the amount of

sunlight below levels necessary for photosynthesis. Nutrient over-

enrichment caused by inorganic and organic nitrogen and phosphorous

from urban and agricultural run-off and sewage can also stimulate algal

growth that can smother corals and seagrasses, shade rooted vegetation

and diminish the oxygen content of the water.

(4) Fishing activities--Incidental catch during commercial and

recreational fishing operations is a significant source of sea turtle

mortality. Additionally, the increased vessel traffic associated with

fishing activities can result in the destruction of habitat due to

propeller dredging and anchor mooring.

(5) Dredge and fill activities--Dredging activities result in

direct destruction or degradation of habitat as well as incidental take

of turtles. Channelization of inshore and nearshore habitat and the

disposal of dredged material in the marine environment can destroy or

disturb seagrass beds and coral reefs.

(6) Habitat restoration--Habitat restoration may be required to

mitigate the destruction or degradation of habitat that can occur as a

result of the activities previously discussed. Additionally, habitat

degradation resulting from episodic natural stresses such as hurricanes

and tropical storms may require special mitigation measures.

Activities That May Affect Critical Habitat

A wide range of activities funded, authorized, or carried out by

Federal agencies may affect the critical habitat requirements of listed

green and hawksbill turtles. These include, but are not limited to,

authorization by the U.S. Army Corps of Engineers for beach

renourishment, dredge and fill activities, coastal construction such as

the construction of docks and marinas, and installation of submerged

pipeline; actions by the U.S. Environmental Protection Agency to manage

freshwater discharges into waterways; regulation of

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vessel traffic by the U.S. Coast Guard; U.S. Navy activities;

authorization of oil and gas exploration by the Minerals Management

Service; authorization of changes to state coastal zone management

plans by NOAA's National Ocean Service; and management of commercial

fishing and protected species by NMFS.

The Federal agencies that will most likely be affected by this

critical habitat designation include the U.S. Army Corps of Engineers,

the U.S. Environmental Protection Agency; the U.S. Coast Guard, the

U.S. Navy, the Minerals Management Service, and NOAA. This designation

will provide clear notification to these agencies, private entities,

and the public of the existence of marine critical habitat for listed

green and hawksbill turtles in the U.S. Caribbean, of the boundaries of

the habitat, and of the protection provided for that habitat by the

section 7 consultation process. This designation will also assist these

agencies and others in evaluating the potential effects of their

activities on listed green and hawksbill turtles and their critical

habitat and in determining when consultation with NMFS would be

appropriate.

Expected Economic Impacts of Designating Critical Habitat

The economic impacts to be considered in a critical habitat

designation are the incremental effects of critical habitat designation

above the economic impacts attributable to listing or attributable to

authorities other than the ESA (see Consideration of Economic,

Environmental and Other Factors section of this proposed rule).

Incremental impacts result from special management activities in areas

outside the present distribution of the listed species that have been

determined to be essential to the conservation of the species. However,

NMFS has determined that the present range of both species contains

sufficient habitat for their conservation. Therefore, NMFS finds that

there are no incremental impacts associated with this critical habitat

designation.

Proposed Critical Habitat; Geographic Extent

NMFS is proposing to designate the waters surrounding Culebra,

Mona, and Monito Islands, Puerto Rico, as critical habitat necessary

for the continued survival and recovery of green and hawksbill sea

turtles in the region. Proposed critical habitat for listed green

turtles includes waters extending seaward 3 nm (5.6 km) from the mean

high water line of Culebra Island, Puerto Rico. These waters include

Culebra's outlying Keys including Cayo Norte, Cayo Ballena, Cayos

Geniqui, Isla Culebrita, Arrecife Culebrita, Cayo de Luis Pena, Las

Hermanas, El Mono, Cayo Lobo, Cayo Lobito, Cayo Botijuela, Alcarraza,

Los Gemelos, and Piedra Steven (see Figure 1). Culebra Island lies

approximately 16 nm (29.7 km) east of the northeast coast of mainland

Puerto Rico. The area in general is bounded north to south by

18 deg.24' North to 18 deg.14' North and east to west by 65 deg.11'

West and 65 deg.25' West.

Proposed critical habitat for listed hawksbill turtles includes

waters extending seaward 3 nm (5.6 km) from the mean high water line of

Mona and Monito Islands, Puerto Rico. (see Figure 2). Mona Island lies

approximately 39 nm (72 km) west of the southwest coast of mainland

Puerto Rico. The area in general is bounded north to south by

18 deg.13' North to 18 deg.00' North and east to west by 67 deg.48'

West and 68 deg.01' West.

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

Federal Regulations.

BILLING CODE 3510-22-P

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Figure 1--Critical Habitat for Green Turtles. Critical Habitat

Includes Waters Extending Seaward 3 nm (5.6 km) From the Mean High

Water Line of Isla de Culebra (Culebra Island), Puerto Rico

[GRAPHIC] [TIFF OMITTED] TP19DE97.018

[[Page 66590]]

Figure 2--Critical Habitat for Hawksbill Turtles. Critical Habitat

Includes Waters Extending Seaward 3 nm (5.6 km) From the Mean High

Water Line of Isla de Mona (Mona Island) and Isla Monito (Monito

Island), Puerto Rico

[GRAPHIC] [TIFF OMITTED] TP19DE97.019

BILLING CODE 3510-22-C

[[Page 66591]]

Public Comments Solicited

NMFS is soliciting information, comments and/or recommendations on

any aspect of this proposed rule from all concerned parties (see

ADDRESSES). NMFS will consider all information, comments, and

recommendations received before reaching a final decision.

Department of Commerce ESA implementing regulations state that the

Secretary ``shall promptly hold at least one public hearing if any

person so requests within 45 days of publication of a proposed

regulation to designate critical habitat.'' (see 50 CFR 424.16(c)(3)).

Public hearings on the proposed rule provide the opportunity for the

public to give comments and to permit an exchange of information and

opinion among interested parties. NMFS encourages the public's

involvement in such ESA matters.

The public hearings on this proposed action have been scheduled for

the month of January, 1998 (see DATES). Interested parties will have an

opportunity to provide oral and written testimony at the public

hearings. These hearings are physically accessible to people with

disabilities. Requests for sign language interpretation or other aids

should be directed to Bridget Mansfield (see FOR FURTHER INFORMATION

CONTACT).

Classification

The Assistant Administrator for Fisheries, NOAA (AA) has determined

that this rule is not significant for purposes of Executive Order

(E.O.) 12866.

This rule does not contain a collection-of-information requirement

for purposes of the Paperwork Reduction Act.

NMFS proposes to designate only areas within the current range of

these sea turtle species as critical habitat; therefore, this

designation will not impose any additional requirements or economic

effects upon small entities, beyond those which may accrue from section

7 of the ESA. Section 7 requires Federal agencies to insure that any

action they carry out, authorize, or fund is not likely to jeopardize

the continued existence of any listed species or result in the

destruction or adverse modification of critical habitat (ESA

Sec. 7(a)(2)). The consultation requirements of section 7 are

nondiscretionary and are effective at the time of species' listing.

Therefore, Federal agencies must consult with NMFS and ensure their

actions do not jeopardize a listed species, regardless of whether

critical habitat is designated.

In the future, should NMFS determine that designation of habitat

areas outside either species' current range is necessary for

conservation and recovery, NMFS will analyze the incremental costs of

that action and assess its potential impacts on small entities, as

required by the Regulatory Flexibility Act. Until that time, a more

detailed analysis would be premature and would not reflect the true

economic impacts of the proposed action on local businesses,

organizations, and governments.

Accordingly, the Assistant General Counsel for Legislation and

Regulation of the Department of Commerce has certified to the Chief

Counsel for Advocacy of the Small Business Administration that the

proposed rule, if adopted, would not have a significant economic impact

of a substantial number of small entities, as described in the

Regulatory Flexibility Act.

The AA has determined that the proposed designation is consistent

to the maximum extent practicable with the approved Coastal Zone

Management Program of the Commonwealth of Puerto Rico. This

determination will be submitted for review by the responsible state

agency under section 307 of the Coastal Zone Management Act.

NOAA Administrative Order 216-6 states that critical habitat

designations under the ESA are categorically excluded from the

requirement to prepare an EA or an environmental impact statement.

However, in order to more clearly evaluate the impacts of the proposed

critical habitat designation, NMFS has prepared an EA. Copies of the

assessment are available on request (see ADDRESSES).

References

The complete citations for the references used in this document can

be obtained by contacting Michelle Rogers, NMFS (see FOR FURTHER

INFORMATION CONTACT).

List of Subjects in 50 CFR Part 226

Endangered and threatened species.

Dated: December 15, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set forth in the preamble, 50 CFR part 226 is

proposed to be amended as follows:

PART 226--DESIGNATED CRITICAL HABITAT

1. The authority citation for part 226 continues to read as

follows:

Authority: 16 U.S.C. 1533.

2. Sections 226.72 and 226.73 are added to subpart D to read as

follows:

Sec. 226.72 Green sea turtle (Chelonia mydas).

(a) Culebra Island, Puerto Rico--Waters surrounding the island of

Culebra from the mean high water line seaward to 3 nautical miles (5.6

km). These waters include Culebra's outlying Keys including Cayo Norte,

Cayo Ballena, Cayos Geniqui, Isla Culebrita, Arrecife Culebrita, Cayo

de Luis Pena, Las Hermanas, El Mono, Cayo Lobo, Cayo Lobito, Cayo

Botijuela, Alcarraza, Los Gemelos, and Piedra Steven.

(b) [Reserved]

Sec. 226.73 Hawksbill sea turtle (Eretmochelys imbricata).

(a) Mona and Monito Islands, Puerto Rico--Waters surrounding the

islands of Mona and Monito, from the mean high water line seaward to 3

nautical miles (5.6 km).

(b) [Reserved]

[FR Doc. 97-33217 Filed 12-18-97; 8:45 am]

BILLING CODE 3510-22-P