Vol. 78 Monday, No. 57 March 25, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Northwest Atlantic Ocean Distinct Population Segment of the Loggerhead Sea Turtle (Caretta caretta); Proposed Rule VerDate Mar<15>2010 17:50 Mar 22, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25MRP2.SGM 25MRP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 18000 Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR We will post all comments on http:// are subject to the regulatory protections www.regulations.gov. This generally afforded by the requirement in section Fish and Wildlife Service means that we will post any personal 7(a)(2) of the Act for Federal agencies to information you provide us (see the ensure their actions are not likely to 50 CFR Part 17 Information Requested section below for jeopardize the continued existence of [FWS–R4–ES–2012–0103; 4500030114] more information). any endangered or threatened species, The coordinates or plot points or both and section 9 of the Act’s prohibitions RIN 1018–AY71 from which the maps are generated are on taking any individual of the species, included in the supporting record for including taking caused by actions that Endangered and Threatened Wildlife this critical habitat designation and are affect habitat. and Plants; Designation of Critical available at http://www.fws.gov/ The purpose of this rule. We are Habitat for the Northwest Atlantic northflorida, http://www.regulations.gov proposing to designate specific areas in Ocean Distinct Population Segment of at Docket No. FWS–R4–ES–2012–0103, the terrestrial environment as critical the Loggerhead Sea Turtle (Caretta and at the North Florida Ecological habitat for the Northwest Atlantic Ocean caretta) Services Office (see FOR FURTHER DPS of the loggerhead sea turtle. The basis for our action. Section AGENCY: Fish and Wildlife Service, INFORMATION CONTACT). Any additional Interior. tools or supporting information that we 4(b)(2) of the Act states that the Secretary shall designate and make ACTION: Proposed rule. may develop for this critical habitat designation will also be available at the revisions to critical habitat on the basis SUMMARY: We, the U.S. Fish and Fish and Wildlife Service Web site and of the best available scientific data after Wildlife Service, propose to designate Field Office set out above, and may also taking into consideration the economic specific areas in the terrestrial be included in the preamble and/or at impact, national security impact, and environment as critical habitat for the http://www.regulations.gov. any other relevant impact of specifying any particular area as critical habitat. Northwest Atlantic Ocean Distinct FOR FURTHER INFORMATION CONTACT: The Secretary may exclude a particular Population Segment of the loggerhead Dawn P. Jennings, Deputy Field area from critical habitat if he sea turtle (Caretta caretta) under the Supervisor, U.S. Fish and Wildlife determines that the benefits of such Endangered Species Act (Act). The Service, North Florida Ecological proposed critical habitat is located in exclusion outweigh the benefits of Services Office, 7915 Baymeadows Way, specifying such area as part of the coastal counties in North Carolina, Suite 200, Jacksonville, FL 32256; South Carolina, Georgia, Florida, critical habitat, unless he determines, telephone 904–731–3336. If you use a based on the best scientific data Alabama, and Mississippi. The intended telecommunications device for the deaf effect of this regulation is to assist with available, that the failure to designate (TDD), call the Federal Information such area as critical habitat will result the conservation of the loggerhead sea Relay Service (FIRS) at 800–877–8339. in the extinction of the species. turtle’s habitat under the Act. SUPPLEMENTARY INFORMATION: DATES: We will accept comments Description of Proposed Critical Habitat Executive Summary received or postmarked on or before • In total, 1,189.9 kilometers (km) May 24, 2013. Comments submitted Why we need to publish a rule. Under (739.3 miles) of loggerhead sea turtle electronically using the Federal the Endangered Species Act (Act), nesting beaches are being proposed for eRulemaking Portal (see ADDRESSES critical habitat must be designated for designation as critical habitat in the section, below) must be received by any endangered or threatened species, States of North Carolina, South 11:59 p.m. Eastern Time on the closing to the maximum extent prudent and Carolina, Georgia, Florida, Alabama, date. We must receive requests for determinable. Designations of critical and Mississippi. These beaches account public hearings, in writing, at the habitat can only be completed through for 48 percent of an estimated 2,464 km address shown in ADDRESSES by May 9, rulemaking. This is a proposed rule by (1,531 miles) of coastal beach shoreline, 2013. the U.S. Fish and Wildlife Service and account for approximately 84 ADDRESSES: You may submit comments (USFWS) to designate specific areas in percent of the documented nesting by one of the following methods: the terrestrial environment as critical (numbers of nests) within these six (1) Electronically: Go to the Federal habitat for the Northwest Atlantic Ocean States. The proposed critical habitat is eRulemaking Portal: http:// Distinct Population Segment (DPS) of located in Brunswick, Carteret, New www.regulations.gov. In the Search box, the loggerhead sea turtle. The National Hanover, Onslow, and Pender Counties, enter Docket No. FWS–R4–ES–2012– Marine Fisheries Service (NMFS) is North Carolina; Beaufort, Charleston, 0103, which is the docket number for reviewing specific areas in the marine Colleton, and Georgetown Counties, this rulemaking. Then, in the Search environment as potential critical habitat South Carolina; Camden, Chatham, panel on the left side of the screen, for the DPS and, consistent with their Liberty, and McIntosh Counties, under the Document Type heading, distinct authority with respect to such Georgia; Bay, Brevard, Broward, click on the Proposed Rules link to areas, may propose to designate such Charlotte, Collier, Duval, Escambia, locate this document. You may submit areas in a separate rulemaking. A Flagler, Franklin Gulf, Indian River, Lee, a comment by clicking on ‘‘Comment critical habitat designation does not Manatee, Martin, Monroe, Palm Beach, Now!’’ signal that habitat outside the Sarasota, St. Johns, St. Lucie, and (2) By hard copy: Submit by U.S. mail designated area is unimportant or may Volusia Counties, Florida; Baldwin or hand-delivery to: Public Comments not be needed for recovery of the County, Alabama; and Jackson County, Processing, Attn: FWS–R4–ES–2012– species. Areas that are important to the Mississippi. 0103; Division of Policy and Directives conservation of the species, both inside • The proposed critical habitat has Management; U.S. Fish and Wildlife and outside the critical habitat been identified by the recovery unit in Service; 4401 N. Fairfax Drive, MS designation, may continue to be the which they are located. Recovery units 2042–PDM; Arlington, VA 22203. subject of conservation actions are management subunits of a listed We request that you send comments implemented under section 7(a)(1) of entity that are geographically or only by the methods described above. the Act, and the species in those areas otherwise identifiable and essential to VerDate Mar<15>2010 17:50 Mar 22, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25MRP2.SGM 25MRP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules 18001 the recovery of the listed entity. Within habitat designation areas in St. Johns, (1) The reasons whether it would or the United States, four recovery units Volusia, and Indian River Counties, would not be prudent to designate have been identified for the Northwest Florida, that are covered under habitat habitat as ‘‘critical habitat’’ under Atlantic population of the loggerhead conservation plans (HCP), because the section 4 of the Act, including whether sea turtle. The four recovery units for HCPs incorporate measures that provide there are threats to the species from which we propose to designate a benefit for the conservation of the human activity, the degree of which can terrestrial critical habitat are the loggerhead sea turtle. be expected to increase due to the Northern Recovery Unit, Peninsular • We are not considering for designation, and whether that increase Florida Recovery Unit, Dry Tortugas exclusion any additional areas from in threat outweighs the benefit of Recovery Unit, and Northern Gulf of critical habitat based on economic, designation such that the designation of Mexico Recovery Unit. national security, or other relevant critical habitat may not be prudent. • For the Northern Recovery Unit, we impacts at this time. However, we are (2) Specific information on: propose to designate 393.7 km (244.7 seeking comments on economic, (a) The amount and distribution of miles) of Atlantic Ocean shoreline in national security, and other relevant loggerhead sea turtle terrestrial habitat, North Carolina, South Carolina, and impacts, and may decide to exclude (b) Which areas, that were occupied at Georgia, encompassing approximately additional areas from the final rule the time of listing (or are currently 86 percent of the documented