Designated Critical Habitat; Green and Hawksbill Sea Turtles

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

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

RIN 0648-AH88

Designated Critical Habitat; Green and Hawksbill Sea Turtles

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

ACTION: Final rule.

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

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designating critical habitat for the threatened green sea turtle

(Chelonia mydas) to include coastal waters surrounding Culebra Island,

Puerto Rico, and the endangered hawksbill sea turtle (Eretmochelys

imbricata) to include coastal waters surrounding Mona and Monito

Islands, Puerto Rico. This designation of critical habitat provides

explicit notice to Federal agencies and to the public that these areas

and features are vital to the conservation of the species.

DATES: Effective October 2, 1998.

ADDRESSES: Requests for copies of this final rule and/or the

Environmental Assessment (EA) should be addressed to Barbara Schroeder,

National Sea Turtle Coordinator, Office of Protected Resources, NMFS,

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

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

Colleen Coogan, 727-570-5312.

SUPPLEMENTARY INFORMATION:

Background

Green and hawksbill turtles are largely restricted to tropical and

subtropical waters. Once abundant throughout the Caribbean, green and

hawksbill turtle populations have diminished significantly from

historic levels. In response to this decline, the green turtle was

listed as threatened under the ESA, except for the Florida and Pacific

coast of Mexico breeding populations, which are listed as endangered,

on July 28, 1978 (43 FR 32800), and the hawksbill turtle was listed as

endangered throughout its range on June 2, 1970 (35 FR 8495).

Green and hawksbill turtles, as well as other marine turtle

species, are also protected internationally under the Convention on

International Trade in Endangered Species of Wild Fauna and Flora

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

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

fat, eggs, and shell, would exist today.

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

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

designate critical habitat for green (Chelonia mydas) and hawksbill

(Eretmochelys imbricata) turtles to include the coastal waters

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

also requested additional information concerning other areas in the

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

turtles may be warranted.

On December 19, 1997, NMFS published a proposed rule (62 FR 66584)

to designate critical habitat for the green turtle to include coastal

waters out to 3 nautical miles (nm) surrounding Culebra Island, Puerto

Rico, and for the hawksbill turtle to include coastal waters out to 3

nm surrounding Mona and Monito Islands, Puerto Rico.

NMFS also completed an EA, pursuant to the National Environmental

Policy Act, to evaluate both the environmental and economic impacts of

the proposed critical habitat designation. The EA resulted in a finding

of no significant impact for the proposed action.

The proposed rule provided for a 60-day public comment period.

During the comment period, public hearings were held in Mayaguez,

Puerto Rico, on January 26, 1998, in San Juan, Puerto Rico, on January

27, 1998, and in Culebra, Puerto Rico, on January 29, 1998. After

consideration of the public comments, NMFS is designating critical

habitat for green and hawksbill turtles as described in the proposed

rule (see Proposed Critical Habitat; Geographic Extent section of this

rule).

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

between NMFS and the U.S. Fish and Wildlife Service (USFWS), NMFS was

given responsibility for sea turtles while in the marine environment.

Such responsibility includes proposing and designating critical

habitat. The designation of critical habitat for sea turtles while on

land is the jurisdiction of the USFWS; therefore, this rule includes

only marine areas.

Critical Habitat of the Green Turtle

Biological information for listed green turtles can be found in the

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

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

prep.), and the Federal Register documents of proposed and final

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

28, 1978). These documents include information on the status of the

species, its life history characteristics and habitat requirements, as

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

Green turtles are primarily restricted to tropical and subtropical

waters. In U.S. Atlantic and Gulf of Mexico waters, green turtles are

found from Massachusetts to Texas and in the U.S. Virgin Islands and

Puerto Rico. Caribbean populations of green turtles have diminished

significantly from historical levels, primarily due to the directed

turtle fishery that existed prior to their listing under the ESA.

Additionally, researchers have documented that habitat loss is a

primary factor slowing the recovery of the species throughout its

range. Degradation of seagrass beds has slowed recovery of green

turtles in the Caribbean due to reduced carrying capacity of seagrass

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

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

productivity of remaining seagrass beds.

Seagrasses are the principal dietary component of juvenile and

adult green turtles throughout the Wider Caribbean region (Bjorndal,

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

(Thalassia testudinum). While seagrasses are distributed throughout

temperate and tropical latitudes, turtle grass beds are a tropical

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

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

manatee grass (Syringodium filiforme), shoal grass (Halodule wrightii),

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

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

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

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

hatchlings may move into offshore convergence zones for an undetermined

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

carapace length, juvenile green turtles enter benthic feeding grounds

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

The importance of the Culebra archipelago as green turtle

developmental habitat has been well documented. Researchers have

established that Culebra coastal waters support juvenile and subadult

green turtle populations and have confirmed the presence of a small

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

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

Islands, have reaffirmed the importance of developmental habitats

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

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

features within these waters provide green turtles with shelter during

interforaging periods that serve as refuge from predators.

The coastal waters of Culebra also provide habitat for hawksbill

and leatherback turtles. Hawksbill turtles forage extensively on the

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

coastal waters to access

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nesting beaches. Culebra and St. Croix beaches have the greatest

density of leatherback nests within U.S. waters.

Culebra seagrasses provide foraging habitat for many valuable

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

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

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

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

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

endangered west Indian manatee (Trichechus manatus) and several species

of cartilaginous fishes (Class Chondrichthyes). Additionally, seagrass

beds beneficially modify the physical, chemical, and geological

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

and habitats that help sustain coastal fisheries resources while

enhancing biological diversity and wildlife (Vicente and Tallevast,

1992).

Critical Habitat of the Hawksbill Turtle

Biological information for listed hawksbill turtles can be found in

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

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

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

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

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

history characteristics and habitat requirements, as well as projects,

activities, and other factors affecting the species.

The hawksbill turtle occurs in tropical and subtropical waters of

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

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

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

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

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

considered the most significant factor endangering hawksbill turtle

populations around the world. Despite international trade protections

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

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

a continuing and serious problem.

Juvenile hawksbills are thought to lead a pelagic existence before

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

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

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

widely recognized as the primary foraging habitat of juvenile,

subadult, and adult hawksbill turtles. This habitat association is

directly related to the species' highly specific diet of sponges

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

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

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

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

(1993) observed similar feeding habits in hawksbills foraging

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

reef provide shelter for resting and refuge from predators.

Hawksbills depend on coral reefs for food and shelter; therefore,

the condition of reefs directly affects the hawksbill's well-being.

Destruction of coral reefs due to deteriorating water quality and

vessel anchoring, striking, or grounding is a growing problem.

Mona and Monito Islands are uninhabited natural reserves managed by

the Puerto Rico Department of Natural and Environmental Resources. The

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

remaining locations in the Caribbean where hawksbill turtles occur with

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

that the large juvenile population of hawksbill turtles around Mona and

Monito are long-term residents, exhibiting strong site fidelity for

periods of at least several years (Diez, 1996). Recent genetic studies

indicate that this resident population comprises individuals from

multiple nesting populations in the Wider Caribbean. These data

indicate that the conservation of the juvenile population of hawksbill

turtles at Mona can contribute to sustaining healthy nesting

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

Additionally, data on hawksbill turtle diet composition and foraging

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

significant role in maintaining sponge species diversity in the

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

Diez, 1997).

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

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

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

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

that limit access to other species.

Nesting within the southeastern United States occurs principally in

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

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

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

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

Considerable nesting also occurs on the beaches of Culebra, Vieques,

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

Thomas.

The waters surrounding Mona Island also support a small green

turtle population, which possibly is surviving only because of Mona's

remoteness and the full-time presence of Puerto Rico Department of

Natural and Environmental Resources fisheries/wildlife enforcement

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

Definition of Critical Habitat

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

the specific areas within the geographical area occupied by the species

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

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

special management considerations or protection; and (ii) specific

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

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

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

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

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

bring any endangered species or threatened species to the point at

which the measures provided pursuant to this Act are no longer

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

In designating critical habitat, NMFS must consider the

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

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

light, minerals, or other nutritional or physiological requirements;

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

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

disturbance or are representative of the historic geographical and

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

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

physical and biological features (primary constituent elements) within

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

species and that may require special management

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considerations or protection. These essential features may include, but

are not limited to, breeding/nesting areas, food resources, water

quality and quantity, and vegetation and soil types (see 50 CFR

424.12(b)).

Need for Special Management Considerations or Protection

In order to assure that the essential areas and features described

in previous sections are maintained or restored, special management

measures may be needed. Activities that may require special management

considerations for listed green and hawksbill turtle foraging and

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

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

disrupt benthic habitats by crushing coral, breaking seagrass root

systems, and severing rhizomes. Propeller dredging and anchor mooring

in shallow areas are major disturbances to even the most robust

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

effect of recreational boating, also disturbs seagrasses and coral.

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

commercial docks in inshore waters can negatively impact turtles

through destruction or degradation of foraging habitat. Additionally,

this type of development leads to increased boat and vessel traffic,

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

related mortality.

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

salinity sewage discharges may provoke physiological stress upon

seagrass beds and coral communities and may reduce the amount of

sunlight below levels necessary for photosynthesis. Nutrient over-

enrichment caused by inorganic and organic nitrogen and phosphorous

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

growth that can smother corals and seagrasses, shade rooted vegetation,

and diminish the oxygen content of the water.

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

recreational fishing operations is a significant source of sea turtle

mortality. Additionally, the increased vessel traffic associated with

fishing activities can result in the destruction of habitat due to

propeller dredging and anchor mooring.

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

direct destruction or degradation of habitat as well as incidental take

of turtles. Channelization of inshore and nearshore habitat and the

disposal of dredged material in the marine environment can destroy or

disturb seagrass beds and coral reefs.

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

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

result of the activities previously discussed. Additionally, habitat

degradation resulting from such episodic natural stresses as hurricanes

and tropical storms may require special mitigation measures.

Activities That May Affect Critical Habitat

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

Federal agencies may affect the critical habitat requirements of listed

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

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

renourishment, dredge and fill activities, coastal construction such as

the construction of docks and marinas, and installation of submerged

pipeline; actions by the U.S. Environmental Protection Agency (EPA) to

manage freshwater discharges into waterways; regulation of vessel

traffic by the U.S. Coast Guard; U.S. Navy activities; authorization of

oil and gas exploration by the Minerals Management Service (MMS);

authorization of changes to state coastal zone management plans by

NOAA's National Ocean Service; and management of commercial fishing and

protected species by NMFS.

The Federal agencies that will most likely be affected by this

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

the EPA, the U.S. Coast Guard, the U.S. Navy, the MMS, and NOAA. This

designation provides clear notification to these agencies, private

entities, and the public of the existence of marine critical habitat

for listed green and hawksbill turtles in the U.S. Caribbean, the

boundaries of that habitat, and the protection provided for that

habitat by the interagency consultation process, pursuant to section 7

of the ESA. This designation will also assist these agencies and others

in evaluating the potential effects of their activities on listed green

and hawksbill turtles and their critical habitat and in determining

when consultation with NMFS would be appropriate.

Significance of Designating Critical Habitat

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

restrict human activities within an area or mandate any specific

management or recovery action. A critical habitat designation

contributes to species conservation primarily by identifying critically

important areas and by describing the features within those areas that

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

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

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

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

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

or private activities.

Under the section 7 provisions, a critical habitat designation

requires Federal agencies to ensure that any action they authorize,

fund, or carry out is not likely to adversely modify or destroy the

designated critical habitat. Activities that adversely modify or

destroy critical habitat are defined as those actions that

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

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

of a critical habitat designation, Federal agencies must ensure that

their actions are not likely to jeopardize the continued existence of

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

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

indirectly, to reduce appreciably the likelihood of both the survival

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

definitions, activities that destroy or adversely modify critical

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

protection provided by a critical habitat designation generally

duplicates the protection provided under the section 7 jeopardy

provision.

A designation of critical habitat, in addition to emphasizing and

alerting public and private entities to the critical importance of said

habitat to listed species, provides a clear indication to Federal

agencies regarding when section 7 consultation is required,

particularly in cases where the action would not result in direct

mortality, injury, or harm to individuals of a listed species (e.g., an

action occurring within the critical area when a migratory species is

not present). The critical habitat designation, describing the

essential features of the habitat, also assists Federal action agencies

in determining which activities conducted outside the designated area

are subject to section 7 (i.e., activities that may affect essential

features of the designated area). For example, discharge of sewage or

disposal of waste material, or construction activities that could lead

to soil erosion and increased sedimentation in waters in, or adjacent

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to, a critical habitat area may affect an essential feature of the

designated habitat (water quality) and would be subject to the

provisions of section 7 of the ESA.

A critical habitat designation also assists Federal agencies in

planning future actions since the designation establishes, in advance,

those habitats that will be given special consideration during section

7 consultations. With a designation of critical habitat, potential

conflicts between projects and endangered or threatened species can be

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

Another indirect benefit of a critical habitat designation is that

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

efforts in such areas. Management efforts may address special

considerations needed in critical habitat areas, including conservation

regulations to restrict private as well as Federal activities. The

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

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

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

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

also provide special protection for critical habitat areas.

Consideration of Economic, Environmental, and Other Factors

The economic, environmental, and other impacts of a critical

habitat designation have been considered and evaluated. NMFS identified

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

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

designation. An area may be excluded from a critical habitat

designation if NMFS determines that the overall benefits of exclusion

outweigh the benefits of designation, unless the exclusion will result

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

The impacts considered in this analysis are only those incremental

impacts specifically resulting from the critical habitat designation,

above the economic and other impacts attributable to listing the

species or resulting from other authorities. Since listing a species

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

many cases the economic and other impacts resulting from the critical

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

are minimal (see Significance of Designating Critical Habitat section

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

highlights geographical areas of concern and reinforces the substantive

protection resulting from the listing itself.

Impacts attributable to listing include those resulting from the

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

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

harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or

collect, or to attempt to engage in any such conduct (see 16 U.S.C.

1532(19)). Harm can occur through destruction or modification of

habitat (whether designated as critical or not) that significantly

impairs essential behaviors, including breeding, feeding, or

sheltering.

Expected Economic Impacts of Designating Critical Habitat

The economic impacts to be considered in a critical habitat

designation are the incremental effects of critical habitat designation

above the economic impacts attributable to listing or attributable to

authorities other than the ESA (see Consideration of Economic,

Environmental and Other Factors section of this final rule).

Incremental impacts result from special management activities in areas

outside the present distribution of the listed species that have been

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

NMFS has determined that the present range of both species contains

sufficient habitat for their conservation. Therefore, NMFS finds that

there are no incremental economic impacts associated with this critical

habitat designation.

Summary of Comments Received in Response to the Proposed Rule

NMFS solicited information and comments from the public (62 FR

6934, February 14, 1997 and 62 FR 66584, December 19, 1997), and

considered all comments received during the public comment period

(ending on February 17, 1998) to make this final determination.

During the comment period, NMFS held three public hearings on the

proposed rule. During the public hearings, five oral testimonies and

nine written comments were received from private citizens, government

officials and environmental organizations. No comments were received on

the proposed rule outside the realm of the public hearings.

The testimony and comments received during the public hearings

generally fell into one of the following categories: (1) Those who were

in favor of the designation as proposed; (2) those who were in favor of

the designation as proposed, but recommended that additional areas be

considered for designation; and (3) those who were in favor of the

designation, but concerned about the possibility of future use

restrictions in the designated areas. Comments are addressed by

category as follows:

Category 1: Those who were in favor of the designation as proposed.

Several comments supported the designation as proposed, discussing the

importance of habitat protection in the proposed areas.

Response: NMFS agrees that habitat protection is vital to the

recovery and conservation of listed species and is, therefore,

designating critical habitat for green and hawksbill turtles as

proposed.

Category 2: Those who were in favor of the designation as proposed,

but recommended that additional areas be considered for designation.

Several commenters recommended that, in addition to the areas proposed

for designation, other areas in Puerto Rico and the Caribbean should be

considered for critical habitat designation as well. One commenter

recommended that Culebra, Mona, and Monito islands be designated for

both green and hawksbill turtles rather than as proposed, and another

commenter asked why NMFS had not considered protection for Vieques

Island, located approximately 9 miles south of Culebra.

Response: NMFS was originally petitioned to designate critical

habitat to include only the waters surrounding the Islands of the

Culebra Archipelago for both green and hawksbill turtles. In the

Federal Register document announcing receipt of the petition (62 FR

6934, February 14, 1997), NMFS requested additional information

regarding other areas in the Caribbean where the designation of

critical habitat for listed sea turtle species may be warranted. During

review of the petition, NMFS determined that there were not enough data

to support the inclusion of Culebra as critical habitat for hawksbill

turtles; however, NMFS determined that there was substantial

information, from other sources, to conclude that Mona and Monito

Islands warranted designation as critical habitat for this species.

NMFS does not have information to support the inclusion of other

areas in Puerto Rico and the Caribbean in this critical habitat

designation. However, when NMFS acquires information to support the

designation of critical habitat for green and hawksbill turtles in

areas not covered by this designation, that information will be

considered and, if warranted, NMFS will propose a modification to this

designation.

Category 3: Those who were in favor of the designation, but

concerned about

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the possibility of future use restrictions in the designated areas. One

commenter expressed concern that future use of the designated areas by

the public, fisherman, and the tourism industry may be restricted.

Response: NMFS has not proposed any special management actions for

the designated critical habitat areas. If NMFS determines that certain

management considerations, such as those listed in the Need for Special

Management Considerations or Protections section of this final rule,

are necessary to sufficiently protect the designated habitat areas,

NMFS will propose a separate regulation, which will include a public

comment period and public hearings.

Critical Habitat; Geographic Extent

NMFS is designating the waters surrounding Culebra, Mona, and

Monito Islands, Puerto Rico, as critical habitat necessary for the

continued survival and recovery of green and hawksbill turtles in the

region. Critical habitat for listed green turtles includes waters

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

Culebra Island, Puerto Rico. These waters include Culebra's outlying

Keys, including Cayo Norte, Cayo Ballena, Cayos Geniqui, Isla

Culebrita, Arrecife Culebrita, Cayo de Luis Pena, Las Hermanas, El

Mono, Cayo Lobo, Cayo Lobito, Cayo Botijuela, Alcarraza, Los Gemelos,

and Piedra Steven (see Figure 1). Culebra Island lies approximately 16

nm (29.7 km) east of the northeast coast of mainland Puerto Rico. The

area in general is bounded north to south by 18 deg.24' North to

18 deg.14' North and east to west by 65 deg.11' West and 65 deg.25'

West.

Critical habitat for listed hawksbill turtles includes waters

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

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

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

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

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

West and 68 deg.01' West.

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

Federal Regulations.

BILLING CODE 3510-22-P

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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] TR02SE98.000

[[Page 46700]]

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

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

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

Island), Puerto Rico

[GRAPHIC] [TIFF OMITTED] TR02SE98.001

BILLING CODE 3510-22-C

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Classification

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

that this rule is not significant for purposes of Executive Order

(E.O.) 12866.

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

for purposes of the Paperwork Reduction Act.

NMFS is designating only areas within the current range of these

sea turtle species as critical habitat; therefore, this designation

will not impose any additional requirements or economic effects upon

small entities, beyond those which may accrue from section 7 of the

ESA. Section 7 requires Federal agencies to insure that any action they

carry out, authorize, or fund is not likely to jeopardize the continued

existence of any listed species or result in the destruction or adverse

modification of critical habitat (ESA Sec. 7(a)(2)). The consultation

requirements of section 7 are nondiscretionary and are effective at the

time of species' listing. Therefore, Federal agencies must consult with

NMFS and ensure their actions do not jeopardize a listed species,

regardless of whether critical habitat is designated.

In the future, should NMFS determine that designation of habitat

areas outside either species' current range is necessary for

conservation and recovery, NMFS will analyze the incremental costs of

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

required by the Regulatory Flexibility Act.

Accordingly, the Assistant General Counsel for Legislation and

Regulation of the Department of Commerce certified to the Chief Counsel

for Advocacy of the Small Business Administration that the proposed

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

substantial number of small entities, as described in the Regulatory

Flexibility Act. No comments were received regarding this

certification. As a result, no regulatory flexibility analysis was

prepared.

NOAA Administrative Order 216-6 states that critical habitat

designations under the ESA are categorically excluded from the

requirement to prepare an EA or an environmental impact statement.

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

habitat designation, NMFS prepared an EA. Copies of the assessment are

available upon request (see ADDRESSES).

References

The complete citations for the references used in this document can

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

INFORMATION CONTACT).

List of Subjects in 50 CFR Part 226

Endangered and threatened species.

Dated: August 26, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

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

amended as follows:

PART 226--DESIGNATED CRITICAL HABITAT

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

follows:

Authority: 16 U.S.C. 1533.

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

follows:

Sec. 226.72 Green Sea Turtle (Chelonia mydas).

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

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

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

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

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

Botijuela, Alcarraza, Los Gemelos, and Piedra Steven.

(b) [Reserved]

Sec. 226.73 Hawksbill Sea Turtle (Eretmochelys imbricata).

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

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

nautical miles (5.6 km).

(b) [Reserved].

[FR Doc. 98-23533 Filed 9-1-98; 8:45 am]

BILLING CODE 3510-22-P