Vol. 79 Thursday, No. 132 July 10, 2014 Part IV Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Species: Critical Habitat for the Northwest Atlantic Ocean Loggerhead Sea Turtle Distinct Population Segment (DPS) and Determination Regarding Critical Habitat for the North Pacific Ocean Loggerhead DPS; Final Rule VerDate Mar<15>2010 19:18 Jul 09, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10JYR3.SGM 10JYR3 mstockstill on DSK4VPTVN1PROD with RULES3 39856 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations DEPARTMENT OF COMMERCE Resources, 301–427–8474 or VII. Final Determinations and Critical Habitat [email protected]. Designations VIII. Effects of Critical Habitat Designation National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: Administration IX. Activities That May Be Affected Table of Contents X. Information Quality Act and Peer Review XI. Classification 50 CFR Part 226 The following topics are discussed in this A. Regulatory Planning and Review [Docket No. 130513467–4401–02] final rule: B. National Environmental Policy Act I. Background C. Regulatory Flexibility Act RIN 0648–BD27 II. Summary of Changes From the Proposed D. Coastal Zone Management Act Critical Habitat Designation E. Federalism Endangered and Threatened Species: III. Public Comments and Responses F. Paperwork Reduction Act Critical Habitat for the Northwest A. Comments on ESA Requirements and G. Unfunded Mandates Reform Act Atlantic Ocean Loggerhead Sea Turtle Process H. Takings Distinct Population Segment (DPS) and B. Comments on Prudent and Determinable I. Government to Government Determination Regarding Critical C. Comments on Coastal Zone Management Relationships With Tribes J. Energy Effects Habitat for the North Pacific Ocean Act D. Comments on North Pacific Ocean DPS XII. References Cited Loggerhead DPS E. Comments on Northwest Atlantic Ocean I. Background AGENCY: National Marine Fisheries DPS Service (NMFS), National Oceanic and Comments on Use of Best Available Data The loggerhead sea turtle was Atmospheric Administration (NOAA), Comments on Sargassum Habitat originally listed under the ESA Comments on Foraging Habitat Commerce. worldwide as a threatened species on Comments on Nearshore Reproductive July 28, 1978 (43 FR 32800). No critical ACTION: Final rule. Habitat habitat was designated for the Comments on Wintering Habitat loggerhead sea turtle at that time. SUMMARY: We, the National Marine Comments on Constricted Migratory Fisheries Service (NMFS), issue a final Corridors Pursuant to a joint memorandum of rule to designate critical habitat for the Comments on Special Management understanding signed on July 18, 1977, Northwest Atlantic Ocean Distinct Considerations the USFWS has jurisdiction over sea Population Segment (DPS) of the Additional Comments turtles on land and we, the National loggerhead sea turtle (Caretta caretta) F. Comments on Draft 4(b)(2) Report and Oceanic and Atmospheric within the Atlantic Ocean and the Gulf Economic Analysis Report (DEA) Administration’s (NOAA’s) NMFS, have of Mexico pursuant to the Endangered Comments on Construction and Dredging jurisdiction over sea turtles in the Activities marine environment. On September 22, Species Act of 1973, as amended (ESA). Comments on Oil And Gas Activities Specific areas for designation include 38 2011, NMFS and USFWS jointly Comments on Fisheries published a final rule revising the occupied marine areas within the range Comments on Other Activities or Issues of the Northwest Atlantic Ocean DPS. IV. Critical Habitat Identification loggerhead’s listing from a single These areas contain one or a A. Geographical Area Occupied by the worldwide threatened species to nine combination of habitat types: Nearshore Species DPSs (76 FR 58868). Five DPSs were reproductive habitat, winter area, 1. Northwest Atlantic Ocean DPS listed as endangered (North Pacific breeding areas, constricted migratory 2. North Pacific Ocean DPS Ocean, South Pacific Ocean, North corridors, and/or Sargassum habitat. B. Description of Physical or Biological Indian Ocean, Northeast Atlantic Ocean, Features and Primary Constituent The U.S. Fish and Wildlife Service and Mediterranean Sea), and four DPSs Elements, and Identification of Specific were listed as threatened (Northwest (USFWS) is issuing a final rule for Areas loggerhead critical habitat for terrestrial Atlantic Ocean, South Atlantic Ocean, 1. Northwest Atlantic Ocean DPS Southeast Indo-Pacific Ocean, and areas (nesting beaches) in a separate Nearshore Reproductive Habitat Southwest Indian Ocean). Critical document. No marine areas meeting the Foraging Habitat definition of critical habitat were Winter Habitat habitat cannot be designated in areas outside of U.S. jurisdiction (50 CFR identified within the jurisdiction of the Breeding Habitat 424.12). Two DPSs occur within U.S. United States for the North Pacific Constricted Migratory Habitat jurisdiction: The Northwest Atlantic Ocean DPS, and therefore we are not Sargassum Habitat 2. North Pacific Ocean DPS Ocean DPS (range defined as north of designating critical habitat for that DPS. Central North Pacific Ocean the equator, south of 60° N. lat., and DATES: This rule becomes effective Eastern Pacific/U.S. West Coast west of 40° W. long.), and the North August 11, 2014. C. Special Management Considerations Pacific Ocean DPS (range defined as ADDRESSES: The final rule and final 1. Northwest Atlantic Ocean DPS north of the equator and south of 60° N. Nearshore Reproductive Habitat Economic Analysis (including the lat.). At the time the final listing rule Regulatory Flexibility Analysis) used in Winter Habitat Breeding Habitat was developed, we lacked preparation of this final rule, as well as Constricted Migratory Habitat comprehensive data and information comments and information received, Sargassum Habitat necessary to identify and describe and accompanying documents are 2. North Pacific Ocean DPS physical or biological features (PBFs) of available at http://www.nmfs.noaa.gov/ D. Unoccupied Areas the terrestrial and marine habitats. As a pr/species/turtles/loggerhead.htm or by V. Military Lands: Application of ESA result, we found designation of critical contacting Susan Pultz, NMFS, Office of Section 4(a)(3) habitat to be ‘‘not determinable’’ (see 16 Protected Resources, 1315 East-West VI. Exclusions: ESA Section 4(b)(2) Analysis U.S.C. 1533(b)(6)(C)(ii)). In the final rule Highway, Silver Spring, MD 20910. A. Benefits of Designation B. Economic Benefits of Exclusion we stated that we would consider FOR FURTHER INFORMATION CONTACT: C. Exclusions of Particular Areas Based on designating critical habitat for the two Susan Pultz, NMFS, Office of Protected Economic Impacts DPSs within U.S. jurisdiction in future Resources 301–427–8472 or D. Exclusions Based on Impacts to National rulemakings. [email protected]; or Angela Security Following the 2011 listing, NMFS and Somma, NMFS, Office of Protected E. Exclusions for Tribal Lands USFWS convened a critical habitat VerDate Mar<15>2010 19:18 Jul 09, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10JYR3.SGM 10JYR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Rules and Regulations 39857 review team (CHRT) to assist in the Ocean DPS (78 FR 18000, March 25, to comments that were specific to assessment and evaluation of critical 2013) to the appropriate place in the terrestrial habitat, but did share those habitat areas for the Northwest Atlantic Code of Federal Regulations to read, comments with USFWS so they could Ocean and North Pacific Ocean DPSs. ‘‘Nearshore waters directly off the respond. We only include comments Based on their biological report, the highest density nesting beaches and that are germane to the proposed rule initial Regulatory Flexibility Analysis their adjacent beaches, as identified in and we sort our responses below by and section 4(b)(2) analysis (which 50 CFR 17.95(c), to 1.6 km offshore; major topic area. considers exclusions to critical habitat (2) To the PBFs, PCEs and Special A. Comments on ESA Requirements and based on economic, national security Management Considerations for Process and other relvant impacts), we Concentrated Breeding areas (IV.B.1 and published a proposed rule (78 FR 43006, IV.C.1), we changed ‘‘concentrations’’ to Comment 1: Several commenters felt July 18, 2013) to designate critical ‘‘densities.’’ that NMFS took an inappropriately habitat for the threatened Northwest (3) To Special Management narrow reading of its conservation Atlantic Ocean DPS and determined Considerations for Sargassum (section mandate for in-water designation of that there are no areas meeting the IV.C.1.), we added ‘‘levels of ocean critical habitat. Commenters note that definition of critical habitat for the acidity’’ to (5), which now reads, the ESA and its implementing endangered North Pacific Ocean DPS. ‘‘Global climate change, which can alter regulations require the designation of We proposed designating 36 marine the conditions (such as currents and critical habitat to focus on the biological areas within the Northwest Atlantic other oceanographic features, features of the habitat that make it Ocean DPS as critical habitat. Each of temperature, and levels of ocean acidity) essential to the conservation of the these areas consists of one or a that allow Sargassum habitat and species. The commenters said that combination of the