66584 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

Author: The primary author of this 3. Thursday, January 29, 1998— throughout the Caribbean, green and notice is Paul Hartfield (see ADDRESSES Center for Multiple Use, Williamson hawksbill turtle populations have section). Street, Culebra, Puerto Rico. diminished to the point where they may ADDRESSES: likely be extirpated from this area. The Authority Comments and requests for a copy of the environmental assessment green turtle is listed as threatened under The authority for this action is the (EA) for this proposed rule should be the ESA, except for the Florida and Endangered Species Act of 1973 (16 addressed to Barbara Schroeder, Pacific coast of Mexico breeding U.S.C. 1531 et seq.). National Sea Turtle Coordinator, Office populations, which are listed as Dated: December 11, 1997. of Protected Resources, NMFS, 1315 endangered. The hawksbill turtle is H. Dale Hall, East-West Highway, Silver Spring, MD listed as endangered throughout its Acting Regional Director, Fish and Wildlife 20910. range. Service. FOR FURTHER INFORMATION CONTACT: Additionally, green and hawksbill [FR Doc. 97–33140 Filed 12–18–97; 8:45 am] Michelle Rogers, 301–713–1401 or turtles, as well as other marine turtle BILLING CODE 4310±55±P Bridget Mansfield, 813–570–5312. species, are protected internationally SUPPLEMENTARY INFORMATION: under the Convention on International Trade in Endangered Species of Wild DEPARTMENT OF COMMERCE Background Fauna and Flora (CITES). Without these On February 14, 1997, NMFS protections, it is highly unlikely that National Oceanic and Atmospheric announced the receipt of a petition either species, traditionally highly Administration presenting substantial information to prized in the Caribbean for their flesh, warrant a review (62 FR 6934) to fat, eggs, and shell, would exist today. 50 CFR Part 226 designate critical habitat for green The extensive seagrass beds of the [Docket No. 971124276±7276±01; I.D. No. (Chelonia mydas) and hawksbill Culebra archipelago support a large 110797B] (Eretmochelys imbricata) turtles to juvenile population of green turtles. include all coastal waters surrounding Researchers estimate that over 150 RIN 0648±AH88 the islands of the Culebra archipelago. juvenile green turtles are resident on At that time, NMFS also requested Designated Critical Habitat; Green and Culebra seagrass beds at any given time. additional information concerning other Hawksbill Sea Turtles Additionally, a small population of areas in the U.S. Caribbean where the adult green turtles have been AGENCY: National Marine Fisheries designation of critical habitat for listed documented in these waters (Collazo et Service (NMFS), NOAA, Commerce. sea turtles may be warranted. al., 1992). ACTION: Proposed rule; request for Upon further review, NMFS has comments; and notice of public determined that substantial information On November 10, 1993, the USFWS hearings. exists to warrant the designation of designated Culebra seagrass beds as critical habitat for green and hawksbill Resource Category 1, recognizing these SUMMARY: NMFS proposes to designate turtles in the Caribbean. Therefore, seagrasses as critical foraging habitat for critical habitat pursuant to the NMFS proposes to designate critical juvenile green turtles (USFWS, 1993). Endangered Species Act of 1973 (ESA) habitat for the threatened green turtle to The USFWS mitigation policy classifies for the threatened green turtle (Chelonia include coastal waters surrounding habitats into different resource mydas) to include waters extending Culebra Island, Puerto Rico, and for the categories according to their importance seaward 3 nautical miles (nm) [5.6 endangered hawksbill turtle to include on a national or ecoregional scale. This kilometers(km)] from the mean high coastal waters surrounding Mona and classification provides guidance to the water line of Culebra Island, Puerto Rico Monito Islands, Puerto Rico (see USFWS, NMFS, action agencies, and (see Figure 1), and for the endangered Proposed Critical Habitat; Geographic private developers that mitigation may hawksbill turtle (Eretmochelys Extent section of this notice). This be necessary if impacts to these habitats imbricata) to include waters extending designation of critical habitat for the are anticipated. Resource Category 1 seaward 3 nm (5.6 km) from the mean hawksbill turtle complements the U.S. designation recognizes the habitat as high water line of Mona and Monito Fish and Wildlife Service (USFWS) unique and irreplaceable on a national Islands, Puerto Rico (see Figure 2). The action which designated critical habitat or ecoregional level and states that loss designation of critical habitat provides for this species to include all areas of of the habitat is not acceptable. explicit notice to Federal agencies and beachfront on the west, south, and east Green turtles nest sporadically on to the public that these areas and sides of Mona Island, as well as certain Puerto Rico’s beaches. Green turtle nests features are vital to the conservation of nesting beaches on Culebra, Cayo Norte, have been observed on the main island the species. and Culebrita in the Culebra archipelago of Puerto Rico, as well as on Mona and DATES: Comments must be received on (47 FR 27295, June 24, 1982). Vieques Islands, and have been reported In accordance with the July 18, 1977, or before February 17, 1998. periodically on Culebra Island (Bacon et The public hearings on this proposed Memorandum of Understanding al., 1984; Carr, 1978; Pritchard and action are scheduled from 7 p.m. to 9 between NMFS and the USFWS, NMFS Stubbs, 1981). The natal beaches of p.m. as follows: was given responsibility for sea turtles Culebra’s juvenile green turtles and the 1. Monday, January 26, 1998—Eugene while in the marine environment. Such location of their nesting beaches are Francis Conference Room, Physics responsibility includes proposing and Building, University of Puerto Rico at designating critical habitat. The unknown. Mayaguez, Palmeras Road, Mayaguez, designation of critical habitat for sea The coastal waters of Culebra provide Puerto Rico. turtles while on land is the jurisdiction habitat for hawksbill and leatherback 2. Tuesday, January 27, 1998—Puerto of the USFWS; therefore, this rule turtles as well. Hawksbill turtles forage Rico Department of Natural and includes only marine areas. extensively on the nearby reefs, and Environmental Resources, Central Office Green and hawksbill turtles are both hawksbills and leatherbacks use Auditorium, Munoz Rivera Avenue (Bus largely restricted to tropical and Culebra’s coastal waters to access Stop 31⁄2), Puerta Tierra, Puerto Rico. subtropical waters. Once abundant nesting beaches. Culebra and St. Croix Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66585 beaches have the greatest density of In designating critical habitat, NMFS the ESA and associated regulations. leatherback nests within U.S. waters. must consider the requirements of the ‘‘Take,’’ as defined in the ESA means to Mona and Monito Islands are species, including: (1) Space for harass, harm, pursue, hunt, shoot, uninhabited natural reserves managed individual and population growth, and wound, kill, trap, capture, or collect, or by the Puerto Rico Department of for normal behavior; (2) food, water, air, to attempt to engage in any such Natural and Environmental Resources. light, minerals, or other nutritional or conduct (see 16 U.S.C. 1532(19)). Harm The waters surrounding Mona Island are physiological requirements; (3) cover or can occur through destruction or one of the few known remaining shelter; (4) sites for breeding, modification of habitat (whether or not locations in the Caribbean where reproduction, or rearing of offspring; designated as critical) that significantly hawksbill turtles occur with and, generally, (5) habitats that are impairs essential behaviors, including considerable density (Diez and van protected from disturbance or are breeding, feeding, or sheltering. Dam, 1996). Researchers have shown representative of the historic Significance of Designating Critical that the large juvenile population of geographical and ecological Habitat hawksbill turtles around Mona and distributions of the species (see 50 CFR Monito are long term residents, 424.12(b)). The designation of critical habitat exhibiting strong site fidelity for periods In addition to these factors, NMFS does not, in and of itself, restrict human of at least several years (Diez, 1996). must focus on and list the known activities within an area or mandate any Mona Island supports the largest physical and biological features specific management or recovery action. population of nesting hawksbill turtles (primary constituent elements) within A critical habitat designation in the U.S. Caribbean. During the most the designated area(s) that are essential contributes to species conservation recent nesting season, a record 354 nests to the conservation of the species and primarily by identifying critically and 288 false crawls were recorded from that may require special management important areas and by describing the July 31, 1996, to January 17, 1997 (Diez, considerations or protection. These features within those areas that are 1996). essential features may include, but are essential to the species, thus alerting Additionally, the waters surrounding not limited to, breeding/nesting areas, public and private entities to the area’s Mona Island support a small green turtle food resources, water quality and importance. Under the ESA, the only population, which possibly is surviving quantity, and vegetation and soil types regulatory impact of a critical habitat only because of Mona’s remoteness and (see 50 CFR 424.12(b)). designation is through the provisions of the full-time presence of Puerto Rico section 7. Section 7 applies only to Department of Natural and Consideration of Economic, actions with Federal involvement (e.g., Environmental Resources fisheries/ Environmental and Other Factors authorized, funded, conducted), and wildlife enforcement personnel. Limited The economic, environmental, and does not affect exclusively state or green turtle nesting still occurs on Mona other impacts of a critical habitat private activities. Island. designation have been considered and Under the section 7 provisions, a Use of the term ‘‘essential habitat’’ evaluated. NMFS identified present and designation of critical habitat would within this Notice refers to critical anticipated activities that (1) may require Federal agencies to ensure that habitat as defined by the ESA and adversely modify the areas being any action they authorize, fund, or carry should not be confused with the considered for designation and/or (2) out is not likely to adversely modify or requirement to describe and identify may be affected by a designation. An destroy the designated critical habitat. Essential Fish Habitat (EFH) pursuant to area may be excluded from a critical Activities that adversely modify or the Magnuson-Stevens Fishery habitat designation if NMFS determines destroy critical habitat are defined as Conservation and Management Act, 16 that the overall benefits of exclusion those actions that ‘‘appreciably U.S.C. 1801 et sec. outweigh the benefits of designation, diminish the value of critical habitat for unless the exclusion will result in the both the survival and recovery’’ of the Definition of Critical Habitat extinction of the species (see 16 U.S.C. species (see 50 CFR 402.02). Regardless Critical habitat is defined in section 1533(b)(2)). of a critical habitat designation, Federal 3(5)(A) of the ESA as ‘‘(i) the specific The impacts considered in this agencies must ensure that their actions areas within the geographical area analysis are only those incremental are not likely to jeopardize the occupied by the species * * * on which impacts specifically resulting from a continued existence of the listed are found those physical or biological critical habitat designation, above the species. Activities that jeopardize a features (I) essential to the conservation economic and other impacts attributable species are defined as those actions that of the species and (II) which may to listing the species or resulting from ‘‘reasonably would be expected, directly require special management other authorities. Since listing a species or indirectly, to reduce appreciably the considerations or protection; and (ii) under the ESA provides significant likelihood of both the survival and specific areas outside the geographical protection to a species’ habitat, in many recovery’’ of the species (see 50 CFR area occupied by the species * ** cases the economic and other impacts 402.02). Using these definitions, upon a determination by the Secretary resulting from the critical habitat activities that destroy or adversely that such areas are essential for the designation, over and above the impacts modify critical habitat may also be conservation of the species.’’ (see 16 of the listing itself, are minimal (see likely to jeopardize the species. U.S.C. 1532(5)(A)). The term Significance of Designating Critical Therefore, the protection provided by a ‘‘conservation,’’ as defined in section Habitat section of this proposed rule). In critical habitat designation generally 3(3) of the ESA, means ‘‘* * * to use general, the designation of critical duplicates the protection provided and the use of all methods and habitat highlights geographical areas of under the section 7 jeopardy provision. procedures which are necessary to bring concern and reinforces the substantive A designation of critical habitat, in any endangered species or threatened protection resulting from the listing addition to emphasizing and alerting species to the point at which the itself. public and private entities to the critical measures provided pursuant to this Act Impacts attributable to listing include importance of said habitat to listed are no longer necessary.’’ (see 16 U.S.C. those resulting from the ‘‘take’’ species, provides a clear indication to 1532(3)). prohibitions contained in section 9 of Federal agencies regarding when section 66586 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

7 consultation is required, particularly impacts of designating these essential turtle grass (Thalassia testudinum). in cases where the action would not areas as ‘‘critical habitat’’ are evaluated. While seagrasses are distributed result in direct mortality, injury, or After considering the requirements of throughout temperate and tropical harm to individuals of a listed species the species, the need for special latitudes, turtle grass beds are a tropical (e.g., an action occurring within the management, and the impacts of the phenomenon. In the Caribbean, turtle critical area when a migratory species is designation, the proposed critical grass beds consist primarily of turtle not present). The critical habitat habitat designation is published in the grass, but may include other species of designation, describing the essential Federal Register for comment. The final seagrass such as manatee grass features of the habitat, also assists critical habitat designation, considering (Syringodium filiforme), shoal grass Federal action agencies in determining comments on the proposal and impacts (Halodule wrightii), and sea vine which activities conducted outside the assessment, is published within one (Halophila decipiens), as well as several designated area are subject to section 7 year of the proposed rule. Final critical species of algae including green algae of (i.e., activities that may affect essential habitat designations may be revised, the genera Halimeda, Caulerpa, and features of the designated area). For using the same process, as new Udotea. example, discharge of sewage or information becomes available. The natal beaches of Culebra’s disposal of waste material, or A description of the critical habitat, juvenile green turtles have not yet been construction activities that could lead to need for special management, impacts identified. After emerging from nests on soil erosion and increased of designating critical habitat, and the natal beaches, post-hatchlings may sedimentation in waters in or adjacent proposed action are described in the move into offshore convergence zones to a critical habitat area may affect an following sections for green and for an undetermined length of time essential feature of the designated hawksbill sea turtles. (Carr, 1986). Upon reaching habitat (water quality) and would be Critical Habitat of the Green Turtle approximately 25 to 35 cm carapace subject to the provisions of section 7 of length, juvenile green turtles enter Biological information for listed green the ESA. benthic feeding grounds in relatively A critical habitat designation will also turtles can be found in the Recovery Plan for U.S. Population of Atlantic shallow, protected waters (Collazo et al., assist Federal agencies in planning 1992). future actions since the designation Green Turtle (NMFS and USFWS, 1991), The importance of the Culebra establishes, in advance, those habitats the most recent green turtle status archipelago as green turtle that will be given special consideration review (NMFS in prep.), and the developmental habitat has been well during section 7 consultations. With a Federal Register notices of proposed documented. Researchers have designation of critical habitat, potential and final listing determination (see 40 established that Culebra coastal waters conflicts between projects and FR 21982, May 20, 1975; 43 FR 32800, support juvenile and subadult green endangered or threatened species can be July 28, 1978). These documents turtle populations and have confirmed identified and possibly avoided early in include information on the status of the the presence of a small population of the agency’s planning process. species, its life history characteristics Another indirect benefit of a critical and habitat requirements, as well as adults (Collazo et al., 1992). These habitat designation is that it helps focus projects, activities and other factors findings, together with information Federal, state, and private conservation affecting the species. obtained from studies conducted in the and management efforts in such areas. While the precise space requirements U.S. Virgin Islands, have reaffirmed the Management efforts may address special for populations of green turtles are importance of developmental habitats considerations needed in critical habitat unknown, globally this species is throughout the eastern portion of the areas, including conservation primarily restricted to tropical and Puerto Rican Bank (Collazo et al., 1992). regulations to restrict private as well as subtropical waters. In U.S. Atlantic and Additionally, the coral reefs and other Federal activities. The economic and Gulf of Mexico waters, green turtles are topographic features within these waters other impacts of these actions would be found from Massachusetts to Texas and provide green turtles with shelter during considered at the time of those proposed in the U.S. Virgin Islands and Puerto interforaging periods that serve as refuge regulations and, therefore, are not Rico. Caribbean populations of green from predators. considered in the critical habitat turtles have diminished significantly Culebra seagrasses provide foraging designation process. Other Federal, from historical levels, primarily due to habitat for many valuable species. In state, and local laws or regulations, such the directed turtle fishery that existed addition to green turtles, the as zoning or wetlands protection, may prior to their listing under the ESA. commercially important queen conch also provide special protection for Additionally, researchers have (Strombus gigas) and coral reef bony critical habitat areas. documented that habitat loss is a fishes (Class Osteichthyes), such as primary factor slowing the recovery of parrotfish (Sparisoma spp.), grunts Process for Designating Critical Habitat the species throughout its range. (Haemulon spp.), porgies or sea breams Developing a proposal for critical Degradation of seagrass beds has slowed (Archosargus rhomboidalis), and others, habitat designation involves three main recovery of green turtles in the utilize this important habitat. Culebra’s considerations. First, the biological Caribbean due to reduced carrying seagrass beds also provide habitat for needs of the species are evaluated and capacity of seagrass meadows (Williams, the endangered west Indian manatee habitat areas and features that are 1988). Therefore, the extent of habitat (Trichechus manatus) and several essential to the conservation of the required for foraging green turtles is species of cartilaginous fishes (Class species are identified. If alternative likely to be increasing due to the Chondrichthyes). Additionally, seagrass areas exist that would provide for the reduced productivity of remaining beds beneficially modify the physical, conservation of the species, such seagrass beds. chemical, and geological properties of alternatives are also identified. Second, Seagrasses are the principal dietary coastal areas. They provide nutrients, the need for special management component of juvenile and adult green primary energy, and habitats that help considerations or protection of the turtles throughout the Wider Caribbean sustain coastal fisheries resources while area(s) or features are evaluated. Finally, region (Bjorndal, 1995). The seagrass enhancing biological diversity and the probable economic and other beds of Culebra consist primarily of wildlife (Vicente and Tallevast, 1992). Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66587

Critical Habitat of the Hawksbill Turtle remaining locations in the Caribbean (2) Coastal construction—The Biological information for listed where hawksbill turtles occur with development of marinas and private or hawksbill turtles can be found in the considerable density (Diez and van commercial docks in inshore waters can Recovery Plan for the Hawksbill Turtle Dam, 1996). Recent genetic studies negatively impact turtles through in the U.S. Caribbean, Atlantic and Gulf indicate that this resident population of destruction or degradation of foraging of Mexico (NMFS and USFWS, 1993), immature hawksbills comprises habitat. Additionally, this type of the Hawksbill Turtle Status Review individuals from multiple nesting development leads to increased boat (NMFS, 1995), and the Federal Register populations in the Wider Caribbean. and vessel traffic which may result in notice of final listing determination (see These data indicate that the higher incidences of propeller- and conservation of the juvenile population collision-related mortality. 35 FR 8495, June 2, 1970). These of hawksbill turtles at Mona can (3) Point and non-point source documents include information on the contribute to sustaining healthy nesting pollution—Highly colored, low salinity status of the species, its life history populations throughout the Caribbean sewage discharges may provoke characteristics and habitat requirements, Region (Bowen et al., 1996). physiological stress upon seagrass beds as well as projects, activities, and other Additionally, data on hawksbill turtle and coral communities and may reduce factors affecting the species. diet composition and foraging behavior the amount of sunlight below levels The hawksbill turtle occurs in tropical suggest that this high-density hawksbill necessary for photosynthesis. Nutrient and subtropical waters of the Atlantic, population may play a significant role over-enrichment caused by inorganic Pacific and Indian Oceans. The species in maintaining sponge species diversity and organic nitrogen and phosphorous is widely distributed in the Caribbean in the nearshore benthic communities of from urban and agricultural run-off and Sea and western Atlantic Ocean. Within Mona and Monito Islands (van Dam and sewage can also stimulate algal growth the United States, hawksbills are most Diez, 1997). that can smother corals and seagrasses, common in Puerto Rico and its Hawksbills utilize both low- and high- shade rooted vegetation and diminish associated islands, the U.S. Virgin energy nesting beaches in tropical the oxygen content of the water. Islands, and Florida. oceans of the world. Both insular and (4) Fishing activities—Incidental International commerce in hawksbill mainland nesting sites are known. catch during commercial and shell, or ‘‘bekko,’’ is considered the Hawksbills will nest on small pocket recreational fishing operations is a most significant factor endangering beaches and, because of their small significant source of sea turtle mortality. hawksbill turtle populations around the body size and great agility, can traverse Additionally, the increased vessel traffic world. Despite international trade fringing reefs that limit access by other associated with fishing activities can protections under CITES, trade in species. result in the destruction of habitat due hawksbill shell continues. The illegal Nesting within the southeastern to propeller dredging and anchor take of hawksbills at sea has not yet United States occurs principally in mooring. been fully quantified, but it is a Puerto Rico and in the U.S. Virgin (5) Dredge and fill activities— continuing and serious problem. Islands, the most important sites being Dredging activities result in direct Juvenile hawksbills are thought to Mona Island in Puerto Rico and Buck destruction or degradation of habitat as lead a pelagic existence before Island Reef National Monument in the well as incidental take of turtles. recruiting to benthic feeding grounds at U.S. Virgin Islands. Mona Island Channelization of inshore and nearshore a size of approximately 25 cm straight supports the largest population of habitat and the disposal of dredged carapace length (Meylan and Carr, nesting hawksbill turtles in the U.S. material in the marine environment can 1982). Coral reefs, like those found in Caribbean. Considerable nesting also destroy or disturb seagrass beds and the waters surrounding Mona and occurs on the beaches of Culebra, coral reefs. Monito Islands, are widely recognized Vieques, and mainland Puerto Rico, as (6) Habitat restoration—Habitat as the primary foraging habitat of well as St. Croix, St. John, and St. restoration may be required to mitigate juvenile, subadult, and adult hawksbill Thomas. the destruction or degradation of habitat turtles. This habitat association is that can occur as a result of the directly related to the species’ highly Need for Special Management activities previously discussed. specific diet of sponges (Meylan, 1988). Considerations or Protection Additionally, habitat degradation Gut content analysis conducted on In order to assure that the essential resulting from episodic natural stresses hawksbills collected from the Caribbean areas and features described in previous such as hurricanes and tropical storms suggest that a few types of sponges make sections are maintained or restored, may require special mitigation up the major component of their diet, special management measures may be measures. despite the prevalence of other sponges needed. Activities that may require on the coral reefs where hawksbills are special management considerations for Activities That May Affect Critical found (Meylan, 1984). Vicente (1993) listed green and hawksbill turtle Habitat observed similar feeding habits in foraging and developmental habitats A wide range of activities funded, hawksbills foraging specifically in include, but are not limited to, the authorized, or carried out by Federal Puerto Rico. Additionally, the ledges following: agencies may affect the critical habitat and caves of the reef provide shelter for (1) Vessel traffic—Propeller dredging requirements of listed green and resting and refuge from predators. and anchor mooring severely disrupt hawksbill turtles. These include, but are The hawksbill’s dependence on coral benthic habitats by crushing coral, not limited to, authorization by the U.S. reefs for shelter and food links its well- breaking seagrass root systems, and Army Corps of Engineers for beach being directly to the condition of reefs. severing rhizomes. Propeller dredging renourishment, dredge and fill Destruction of coral reefs due to and anchor mooring in shallow areas are activities, coastal construction such as deteriorating water quality and vessel major disturbances to even the most the construction of docks and marinas, anchoring, striking, or grounding is a robust seagrasses. Trampling of seagrass and installation of submerged pipeline; growing problem. beds and live bottom, a secondary effect actions by the U.S. Environmental The coral reefs of Mona and Monito of recreational boating, also disturbs Protection Agency to manage freshwater Islands are among the few known seagrasses and coral. discharges into waterways; regulation of 66588 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules vessel traffic by the U.S. Coast Guard; Expected Economic Impacts of Proposed critical habitat for listed green U.S. Navy activities; authorization of oil Designating Critical Habitat turtles includes waters extending and gas exploration by the Minerals seaward 3 nm (5.6 km) from the mean The economic impacts to be Management Service; authorization of high water line of Culebra Island, Puerto considered in a critical habitat changes to state coastal zone Rico. These waters include Culebra’s designation are the incremental effects management plans by NOAA’s National outlying Keys including Cayo Norte, of critical habitat designation above the Ocean Service; and management of Cayo Ballena, Cayos Geniquı´, Isla economic impacts attributable to listing commercial fishing and protected Culebrita, Arrecife Culebrita, Cayo de or attributable to authorities other than species by NMFS. Luis Pen˜ a, Las Hermanas, El Mono, the ESA (see Consideration of Cayo Lobo, Cayo Lobito, Cayo Botijuela, The Federal agencies that will most Economic, Environmental and Other Alcarraza, Los Gemelos, and Piedra likely be affected by this critical habitat Factors section of this proposed rule). Steven (see Figure 1). Culebra Island lies designation include the U.S. Army Incremental impacts result from special approximately 16 nm (29.7 km) east of Corps of Engineers, the U.S. management activities in areas outside the northeast coast of mainland Puerto Environmental Protection Agency; the the present distribution of the listed Rico. The area in general is bounded U.S. Coast Guard, the U.S. Navy, the species that have been determined to be north to south by 18°24′ North to 18°14′ Minerals Management Service, and essential to the conservation of the North and east to west by 65°11′ West NOAA. This designation will provide species. However, NMFS has and 65°25′ West. clear notification to these agencies, determined that the present range of Proposed critical habitat for listed private entities, and the public of the both species contains sufficient habitat hawksbill turtles includes waters existence of marine critical habitat for for their conservation. Therefore, NMFS extending seaward 3 nm (5.6 km) from listed green and hawksbill turtles in the finds that there are no incremental the mean high water line of Mona and U.S. Caribbean, of the boundaries of the impacts associated with this critical Monito Islands, Puerto Rico. (see Figure habitat, and of the protection provided habitat designation. 2). Mona Island lies approximately 39 for that habitat by the section 7 Proposed Critical Habitat; Geographic nm (72 km) west of the southwest coast consultation process. This designation Extent of mainland Puerto Rico. The area in will also assist these agencies and others general is bounded north to south by in evaluating the potential effects of NMFS is proposing to designate the 18°13′ North to 18°00′ North and east to their activities on listed green and waters surrounding Culebra, Mona, and west by 67°48′ West and 68°01′ West. hawksbill turtles and their critical Monito Islands, Puerto Rico, as critical habitat and in determining when habitat necessary for the continued Note: Figures 1 and 2 will not be published consultation with NMFS would be survival and recovery of green and in the Code of Federal Regulations. appropriate. hawksbill sea turtles in the region. BILLING CODE 3510±22±P Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66589

Figure 1—Critical Habitat for Green Turtles. Critical Habitat Includes Waters Extending Seaward 3 nm (5.6 km) From the Mean High Water Line of Isla de Culebra (Culebra Island), Puerto Rico 66590 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules

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

BILLING CODE 3510±22±C Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules 66591

Public Comments Solicited action they carry out, authorize, or fund the assessment are available on request NMFS is soliciting information, is not likely to jeopardize the continued (see ADDRESSES). existence of any listed species or result comments and/or recommendations on References any aspect of this proposed rule from all in the destruction or adverse concerned parties (see ADDRESSES). modification of critical habitat (ESA The complete citations for the NMFS will consider all information, § 7(a)(2)). The consultation requirements references used in this document can be comments, and recommendations of section 7 are nondiscretionary and obtained by contacting Michelle Rogers, received before reaching a final are effective at the time of species’ NMFS (see FOR FURTHER INFORMATION decision. listing. Therefore, Federal agencies must CONTACT). Department of Commerce ESA consult with NMFS and ensure their List of Subjects in 50 CFR Part 226 implementing regulations state that the actions do not jeopardize a listed Secretary ‘‘shall promptly hold at least species, regardless of whether critical Endangered and threatened species. one public hearing if any person so habitat is designated. Dated: December 15, 1997. requests within 45 days of publication In the future, should NMFS determine David L. Evans, of a proposed regulation to designate that designation of habitat areas outside Deputy Assistant Administrator for Fisheries, critical habitat.’’ (see 50 CFR either species’ current range is National Marine Fisheries Service. 424.16(c)(3)). Public hearings on the necessary for conservation and recovery, For the reasons set forth in the proposed rule provide the opportunity NMFS will analyze the incremental preamble, 50 CFR part 226 is proposed for the public to give comments and to costs of that action and assess its to be amended as follows: permit an exchange of information and potential impacts on small entities, as opinion among interested parties. NMFS required by the Regulatory Flexibility PART 226ÐDESIGNATED CRITICAL encourages the public’s involvement in Act. Until that time, a more detailed HABITAT such ESA matters. analysis would be premature and would The public hearings on this proposed not reflect the true economic impacts of 1. The authority citation for part 226 action have been scheduled for the the proposed action on local businesses, continues to read as follows: month of January, 1998 (see DATES). organizations, and governments. Authority: 16 U.S.C. 1533. Interested parties will have an Accordingly, the Assistant General opportunity to provide oral and written 2. Sections 226.72 and 226.73 are Counsel for Legislation and Regulation added to subpart D to read as follows: testimony at the public hearings. These of the Department of Commerce has hearings are physically accessible to certified to the Chief Counsel for § 226.72 Green sea turtle (Chelonia people with disabilities. Requests for Advocacy of the Small Business mydas). sign language interpretation or other Administration that the proposed rule, (a) Culebra Island, Puerto Rico— aids should be directed to Bridget if adopted, would not have a significant Waters surrounding the island of Mansfield (see FOR FURTHER INFORMATION economic impact of a substantial Culebra from the mean high water line CONTACT). number of small entities, as described in seaward to 3 nautical miles (5.6 km). Classification the Regulatory Flexibility Act. These waters include Culebra’s outlying The Assistant Administrator for The AA has determined that the Keys including Cayo Norte, Cayo Fisheries, NOAA (AA) has determined proposed designation is consistent to Ballena, Cayos Geniquı´, Isla Culebrita, that this rule is not significant for the maximum extent practicable with Arrecife Culebrita, Cayo de Luis Pen˜ a, purposes of Executive Order (E.O.) the approved Coastal Zone Management Las Hermanas, El Mono, Cayo Lobo, 12866. Program of the Commonwealth of Cayo Lobito, Cayo Botijuela, Alcarraza, This rule does not contain a Puerto Rico. This determination will be Los Gemelos, and Piedra Steven. collection-of-information requirement submitted for review by the responsible (b) [Reserved] state agency under section 307 of the for purposes of the Paperwork § 226.73 Hawksbill sea turtle Reduction Act. Coastal Zone Management Act. (Eretmochelys imbricata). NMFS proposes to designate only NOAA Administrative Order 216–6 (a) Mona and Monito Islands, Puerto areas within the current range of these states that critical habitat designations Rico—Waters surrounding the islands of sea turtle species as critical habitat; under the ESA are categorically Mona and Monito, from the mean high therefore, this designation will not excluded from the requirement to water line seaward to 3 nautical miles impose any additional requirements or prepare an EA or an environmental (5.6 km). economic effects upon small entities, impact statement. However, in order to (b) [Reserved] beyond those which may accrue from more clearly evaluate the impacts of the section 7 of the ESA. Section 7 requires proposed critical habitat designation, [FR Doc. 97–33217 Filed 12–18–97; 8:45 am] Federal agencies to insure that any NMFS has prepared an EA. Copies of BILLING CODE 3510±22±P