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

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

66584 Federal Register / Vol. 62, No. 244 / Friday, December 19, 1997 / Proposed Rules Author: The primary author of this 3. Thursday, January 29, 1998Ð 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, 1998ÐEugene 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, 1998ÐPuerto 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

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