Endangered and Threatened Species: Designation of 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, 43005-43054 [2013-17204]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 43005-43054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17204]



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Vol. 78

Thursday,

No. 138

July 18, 2013

Part II





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Part 226





Endangered and Threatened Species: Designation of 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; Proposed Rule

Federal Register / Vol. 78 , No. 138 / Thursday, July 18, 2013 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 130513467-3467-01]
RIN 0648-BD27


Endangered and Threatened Species: Designation of 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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: We, the National Marine Fisheries Service (NMFS), propose 
critical habitat for the Northwest Atlantic Ocean loggerhead sea turtle 
Distinct Population Segment (DPS) (Caretta caretta) within the Atlantic 
Ocean and the Gulf of Mexico. Specific areas proposed for designation 
include 36 occupied marine areas within the range of the Northwest 
Atlantic Ocean DPS. These areas contain one or a combination of 
nearshore reproductive habitat, winter area, breeding areas, and 
migratory corridors. We are also asking for comment on whether to 
include as critical habitat in the final rule some areas that contain 
foraging habitat and two large areas that contain Sargassum habitat. 
The U.S. Fish and Wildlife Service addressed terrestrial areas (nesting 
beaches) in a separate document. No marine areas meeting the definition 
of critical habitat were identified within the jurisdiction of the 
United States for the North Pacific Ocean DPS, and therefore we are not 
proposing to designate critical habitat for that DPS. We are soliciting 
comments from the public on all aspects of the proposal, including 
information on the economic, national security, and other relevant 
impacts. We will consider additional information received prior to 
making a final designation.

DATES: Comments and information regarding this proposed rule must be 
received by September 16, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0079, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0079, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach our comments.
     Mail: Submit written comments to Susan Pultz, NMFS, Office 
of Protected Resources, 1315 East West Highway, Silver Spring, MD 
20910.
     Fax: 301-713-0376; Attn: Susan Pultz.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received will be part of 
the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    The proposed rule, list of references and supporting documents, 
including the biological report, the draft Economic Analysis and the 
Initial Regulatory Flexibility Act (IRFA) analysis which is appended to 
the draft Economic Analysis, are also available electronically at 
https://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm.

FOR FURTHER INFORMATION CONTACT: Susan Pultz, NMFS, Office of Protected 
Resources 301-427-8472 or susan.pultz@noaa.gov; or Angela Somma, NMFS, 
Office of Protected Resources 301-427-8474 or angela.somma@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Section 4 of the Endangered Species Act of 1973, as amended (ESA) 
requires the designation of critical habitat for threatened and 
endangered species to the maximum extent prudent and determinable, and 
provides for the revision of critical habitat based on the best 
scientific data available, as appropriate (16 U.S.C. 533(a)(3)(A); 16 
U.S.C. 1533(b)(2)). Critical habitat may only be designated in areas 
under U.S. jurisdiction (50 CFR 424.12(h)). Critical habitat is defined 
as ``(i) the specific areas within the geographical area occupied by 
the species, at the time it is listed [under Section 4], 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 at the time it is 
listed, upon a determination by the Secretary that such areas are 
essential for the conservation of the species'' (16 U.S.C. section 
1532(5)(A)).
    This rule proposes designation of critical habitat for the 
threatened Northwest Atlantic Ocean Distinct Population Segment (DPS) 
of the loggerhead sea turtle (Caretta caretta), and also constitutes 
NMFS' proposed determination that there are no areas meeting the 
definition of ``critical habitat'' for the endangered North Pacific 
Ocean DPS of the loggerhead sea turtle. The designation of critical 
habitat was prompted by a 2011 final rule revising the listing of 
loggerhead sea turtles under the ESA from a single worldwide listing of 
the species as threatened to nine DPSs, listed as either threatened or 
endangered (76 FR 58868, September 22, 2011). The two DPSs that are the 
subject of this notice--the Northwest Atlantic Ocean and North Pacific 
Ocean--are the only DPSs of loggerheads that occur within U.S. 
jurisdiction.
    We propose designation of 36 marine areas within the Northwest 
Atlantic Ocean DPS as critical habitat. These areas that contain one or 
a combination of nearshore reproductive habitat (off nesting beaches to 
1.6 km (1 mile)), wintering habitat, breeding habitat, and constricted 
migratory corridors. We further seek comment on whether to include 
foraging habitat and two large areas that contain Sargassum habitat. 
The U.S. Fish and Wildlife Service (USFWS) proposed terrestrial 
critical habitat (nesting beaches) in a separate rulemaking on March 
25, 2013 (78 FR 18000). We refer to those terrestrial areas in this 
report where necessary to explain how we identified corresponding 
marine habitat. No marine areas are proposed for designation as 
critical habitat within the North Pacific Ocean DPS. We did not 
identify any unoccupied areas essential to the conservation of either 
DPS.

Background

    The loggerhead sea turtle was listed worldwide as a threatened 
species on July 28, 1978 (43 FR 32800) pursuant to the Endangered 
Species Act of 1973, as amended (ESA). No critical habitat was 
designated for the loggerhead at that time. Pursuant to a joint 
memorandum of understanding, signed on July 18, 1977, the U.S. Fish and 
Wildlife Service (USFWS) has jurisdiction over sea

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turtles on the land and the National Oceanic and Atmospheric 
Administration's (NOAA's) NMFS has jurisdiction over sea turtles in the 
marine environment. On September 22, 2011, NMFS and USFWS jointly 
published a final rule revising the loggerhead's listing from a single 
worldwide threatened species to nine DPSs (76 FR 58868). In the final 
rule, five DPSs were listed as endangered (North Pacific Ocean, South 
Pacific Ocean, North Indian Ocean, Northeast Atlantic Ocean, and 
Mediterranean Sea), and four DPSs were listed as threatened (Northwest 
Atlantic Ocean, South Atlantic Ocean, Southeast Indo-Pacific Ocean, and 
Southwest Indian Ocean). Two DPSs occur within U.S. jurisdiction: the 
Northwest Atlantic Ocean DPS (range defined as north of the equator, 
south of 60[deg] N. lat., and west of 40[deg] W. long.), and the North 
Pacific Ocean DPS (range defined as north of the equator and south of 
60[deg] N. lat.). At the time the final listing rule was developed, we 
lacked comprehensive data and information necessary to identify and 
describe physical or biological features (PBFs) of the terrestrial and 
marine habitats. As a result, we found designation of critical habitat 
to be ``not determinable'' (see 16 U.S.C. section 1533(b)(6)(C)(ii)). 
In the final rule we stated that we would consider designating critical 
habitat for the two DPSs within U.S. jurisdiction in future 
rulemakings. Information from the public related to the identification 
of critical habitat, essential PBFs for this species, and other 
relevant impacts of a critical habitat designation was solicited. We 
received two responses, one from the Department of the Navy, Commander 
Navy Region Southeast, dated January 26, 2012, and one from Oceana, 
dated March 6, 2012. These comments were considered in the formulation 
of the proposed rule.
    NMFS and USFWS convened a critical habitat review team (CHRT) to 
assist in the assessment and evaluation of critical habitat areas for 
the Northwest Atlantic Ocean and North Pacific Ocean DPSs, which met 
three times in 2012. The CHRT consisted of six NMFS and two USFWS 
biologists with experience and expertise ranging from loggerhead 
biology to sea turtle management and ESA section 7 consultations. Five 
biologists from the states of Florida, Georgia, South Carolina, and 
North Carolina served as consultants to the team.
    USFWS and NMFS decided to publish separate proposed rules in 
accordance with our respective jurisdictions. Terrestrial areas, which 
are under the jurisdiction of USFWS, are not included in this proposed 
rule. This proposed rule details the areas under NMFS jurisdiction--
those in the marine environment. Terrestrial areas (nesting beaches) 
are referred to only when needed to explain how corresponding marine 
habitat was determined. In many areas, marine habitat that we are 
proposing is adjacent to nesting beaches proposed for designation as 
critical habitat by USFWS. Nowhere do they overlap. NMFS and FWS 
currently plan to issue a combined final rule.
    Because the agencies had not yet made the required determinations 
regarding designation of critical habitat for these DPSs, the Center 
for Biological Diversity, Oceana, and the Turtle Island Restoration 
Network sent NMFS and USFWS a notice of intent to file a lawsuit on 
October 11, 2012. A complaint for declaratory and injunctive relief was 
filed in the United States District Court for the Northern District of 
California on January 8, 2013. On March 25, 2013, the USFWS proposed 
rule designating specific nesting beaches as critical habitat for the 
Northwest Atlantic Ocean DPS was published in the Federal Register (78 
FR 18000, March 25, 2013).

Loggerhead Natural History

    The loggerhead belongs to the family Cheloniidae along with all 
other sea turtle species except the leatherback (Dermochelys coriacea). 
The genus Caretta is monotypic. The carapace of adult and juvenile 
loggerheads is reddish-brown. Mean straight carapace length (SCL) of 
nesting females in the southeastern United States, the only location 
where loggerheads nest in the United States, averages 90 centimeters 
(cm) (35 inches (in)) (NMFS 2001). Hatchlings vary from light to dark 
brown to dark gray dorsally and lack the reddish-brown coloration of 
adults and juveniles. Flippers are dark gray to brown above with 
distinct white margins. The ventral coloration of the plastron and 
other areas of the integument are generally yellowish to tan. At 
emergence, hatchlings average 45 millimeters (mm) (1.8 in) SCL and 
weigh approximately 20 grams (g) (0.7 ounces (oz)) (Dodd 1988).
    Loggerheads are long-lived, slow-growing animals that use multiple 
habitats across entire ocean basins throughout their life history. This 
complex life history encompasses terrestrial, inshore/estuarine, 
nearshore, and open ocean habitats. The three basic ecosystems in which 
loggerheads live are categorized in this proposed designation as the 
following:
    (1) Terrestrial zone (supralittoral)--the nesting beach where 
oviposition (egg laying), embryonic development, and hatching occurs.
    (2) Neritic zone--the nearshore marine environment (from the 
surface to the sea floor) where water depths do not exceed 200 meters 
(m) (656 feet (ft)). The neritic zone generally includes the 
continental shelf, but in areas where the continental shelf is very 
narrow or nonexistent, the neritic zone conventionally extends from the 
shore to areas where water depths reach 200 m (656 ft). Neritic habitat 
also occurs inshore, in bays and estuaries.
    (3) Oceanic zone--the open ocean environment (from the surface to 
the sea floor) where water depths are greater than 200 m (656 ft).
    The following global nesting information is provided for context, 
but note the remainder of this proposed rule will focus on marine areas 
in the Northwest Atlantic Ocean and North Pacific Ocean DPSs, because 
these are the only DPSs that occur in U.S. waters.
    Loggerhead sea turtles occur throughout the temperate and tropical 
regions of the Atlantic, Pacific, and Indian Oceans (Dodd 1988). 
However, the majority of loggerhead nesting is at the western rims of 
the Atlantic and Indian Oceans. Only two loggerhead nesting 
aggregations have greater than 10,000 females nesting per year: 
Peninsular Florida, in the United States, and Masirah Island, in Oman 
(Baldwin et al. 2003; Ehrhart et al. 2003; Kamezaki et al. 2003; Limpus 
and Limpus 2003b; Margaritoulis et al. 2003). Smaller nesting 
aggregations occur in the Northern Gulf of Mexico, Dry Tortugas, and 
Georgia through North Carolina (United States), Quintana Roo and 
Yucatan (Mexico), Brazil, Cape Verde Islands (Cape Verde), Queensland 
and Western Australia (Australia), Japan, Cay Sal Bank (Bahamas), 
Tongaland (South Africa), Mozambique, Arabian Sea Coast and Halaniyat 
Islands (Oman), Cyprus, Peloponnesus, Zakynthos, Crete (Greece), and 
Turkey (NMFS and USFWS 2008).
    Loggerheads in the Northwest Atlantic Ocean DPS nest on beaches in 
the southeastern United States, whereas loggerheads in the North 
Pacific Ocean DPS nest outside of U.S. jurisdiction, in Japan. The 
Northwest Atlantic Ocean DPS's nesting season extends from about late 
April through early September with nesting occurring primarily at 
night. Loggerheads typically lay approximately 3 to 6 nests per season 
(Murphy and Hopkins 1984; Frazer and Richardson 1985; Hawkes et al. 
2005; Scott 2006; Tucker 2010;

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Ehrhart, unpublished data) at intervals of approximately 12 to 15 days 
(Caldwell 1962; Dodd 1988). Mean clutch size varies from about 100 to 
126 eggs (Dodd 1988). Remigration intervals (number of years between 
successive nesting migrations) typically average from 2.5 to 3.7 years 
(Richardson et al. 1978; Bjorndal et al. 1983; Ehrhart, unpublished 
data). Sexual maturity in the Northwest Atlantic Ocean ranges from as 
early as approximately 25 years to as late as 45 years (Snover 2002; 
Conant et al. 2009; Scott et al. 2012). Comparable data for adult males 
do not exist.
    Egg incubation duration for the Northwest Atlantic Ocean DPS varies 
depending on time of year and latitude but typically ranges from about 
42 to 75 days (Dodd and Mackinnon 2006; Dodd and Mackinnon 2007; Dodd 
and Mackinnon 2008; Dodd and Mackinnon 2009; Dodd and Mackinnon 2010). 
Sand temperatures prevailing during the middle third of the incubation 
period also determine the sex of hatchlings (Mrosovsky and Yntema 
1980). Incubation temperatures near the upper end of the tolerable 
range produce only female hatchlings while incubation temperatures near 
the lower end of the tolerable range produce only male hatchlings. The 
pivotal temperature (i.e., the incubation temperature that produces 
equal numbers of males and females) in loggerheads is approximately 
29[deg] C (84.2[emsp14][deg]F) (Limpus et al. 1983; Mrosovsky 1988; 
Marcovaldi et al. 1997). Loggerhead hatchlings pip and escape from 
their eggs over a 1- to 3-day interval and move upward and out of the 
nest over a 2- to 4-day interval (Christens 1990). Hatchlings emerge 
from their nests en masse almost exclusively at night, presumably using 
decreasing sand temperature as a cue (Hendrickson 1958; Mrosovsky 1968; 
Witherington et al. 1990; Moran et al. 1999).
    Hatchlings use a progression of seafinding orientation cues to 
guide their movement from the nest to the marine environment where they 
spend their early years (Lohmann and Lohmann 2003). Hatchlings first 
use light cues to find the ocean. On naturally lighted beaches without 
artificial lighting, ambient light from the open sky creates a 
relatively bright horizon compared to the dark silhouette of the dune 
and vegetation landward of the nest. This contrast guides the 
hatchlings to the ocean (Daniel and Smith 1947; Limpus 1971; Salmon et 
al. 1992; Witherington and Martin 1996; Witherington 1997). Hatchlings 
also use wave orientation in nearshore waters and magnetic field 
orientation as they proceed further toward open water (Lohmann and 
Lohmann 2003).
    Immediately after hatchlings emerge from the nest, they begin a 
period of frenzied activity. During this active period, hatchlings move 
from their nest to the surf, swim, and are swept through the surf zone, 
and continue swimming away from land for approximately 20 to 30 hours 
(Carr and Ogren 1960; Carr 1962; Carr 1982; Wyneken and Salmon 1992; 
Witherington 1995). This frenzied swimming is thought to be a mechanism 
for limiting time spent in the nearshore coastal waters, thus reducing 
exposure to predators such as fish and birds that tend to be 
concentrated in nearshore coastal waters. Hatchlings do not feed during 
the swim frenzy and rely on their retained yolk for nourishment 
(Witherington 2002).
    Post-hatchling transition stage describes neonate sea turtles that 
have matured to the point beyond the period of frenzied swimming 
(Wyneken and Salmon 1992). The post-hatchling transition stage occurs 
in the neritic environment and ends when the small turtles enter the 
oceanic zone (Bolten 2003). Post-hatchling loggerheads are largely 
inactive, exhibit infrequent low-energy swimming, and have begun to 
feed. In the Northwest Atlantic, post-hatchling, small oceanic 
juvenile, and some neritic juvenile loggerheads inhabit areas where 
surface waters converge to form local downwelling (Witherington 2002; 
Witherington et al. 2012). These areas are characterized by 
accumulations of floating material, especially pelagic Sargassum (a 
genus of brown macroalgae), and are common between the Gulf Stream and 
the southeastern U.S. coast, and between the Loop Current and the 
western Florida coast in the Gulf of Mexico. Surface convergence zones 
consolidate a variety of floating material, including woody material, 
seagrass, and synthetic debris (as observed by Witherington et al. 
2012), but pelagic Sargassum is prolific. Sargassum and other flotsam 
can be arranged within long linear or meandering rows collectively 
termed ``windrows'' as a result of Langmuir circulations, internal 
waves, and convergence zones along fronts, but when currents and winds 
are negligible, Sargassum is also found in broad irregular mats or 
scattered clumps (Comyns et al. 2002; SAFMC 2002).
    This neritic post-hatchling stage is weeks or months long and may 
be a transition to the oceanic stage that loggerheads enter as they 
grow and are carried by ocean currents (Witherington 2002; Bolten 
2003).
    The oceanic juvenile stage begins when loggerheads first enter the 
oceanic zone (Bolten 2003). Juvenile loggerheads originating from 
nesting beaches in both the Northwest Atlantic and North Pacific Oceans 
appear to use oceanic developmental habitats and move with the 
predominant ocean gyres for several years before returning to their 
neritic foraging habitats (Pitman 1990; Bowen et al. 1995; Zug et al. 
1995; Musick and Limpus 1997; Bolten 2003). The presence of Sargassum 
is also important for the oceanic juvenile life stage, as it offers a 
concentrated, protected foraging area, with facilitated dispersal by 
associated oceanic currents. Turtles in this stage use active and 
passive movements relative to oceanic currents and winds, with 75% of 
their time spent in the top 5 m (16 ft) of the water column (Howell et 
al. 2010; Witherington et al. 2012).
    In the western Atlantic, Caribbean Sea and Gulf of Mexico, post-
hatchling and oceanic juvenile sea turtle habitat occurs at the margins 
of the Mexican Current, Yucatan Current, Gulf Loop Current, Florida 
Current, and Gulf Stream; at the margins and centers of eddies produced 
by these currents; at tidal rips and other convergence zones at the 
plume seaward of the Mississippi River delta; at consolidated patches 
(lines, mats) of pelagic Sargassum; and at other convergence zones 
indicated by salinity fronts, temperature fronts, water-color changes, 
or floating debris (including pelagic Sargassum). Loggerheads are also 
found in the Sargasso Sea, the open-ocean ecosystem of pelagic drift 
algae found in the Atlantic Ocean and defined by ocean currents (but 
generally outside the U.S. EEZ). These habitat features are dynamic and 
transitory. Juvenile sea turtles do not just use the currents as 
passive transport, but will actively swim to maintain a position in 
currents that provide favorable transport away from coastal areas and 
cold waters that would present lower odds of survival (Putman et al. 
2012). The importance of such current systems, and access to those 
currents by hatchling sea turtles, are thought to influence the 
evolution of sea turtle nesting location choices and may explain the 
limited loggerhead nesting in large sections of the Gulf of Mexico that 
would have otherwise suitable beaches (Putman et al. 2010).
    The actual duration of the oceanic juvenile stage varies. In the 
North Pacific Ocean, juveniles may spend an estimated 27 years in their 
oceanic phase (Conant et al. 2009) with juvenile loggerheads not 
returning to coastal neritic habitats until around 60 cm (24 in) SCL 
(Ishihara et al. 2011, referring to coastal waters of Japan; Y. 
Matsuzawa and Sea Turtle Association of Japan,

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unpublished data). In the Atlantic Ocean, the duration of the oceanic 
juvenile stage is estimated to be between 7 and 24 years, with 
juveniles recruiting to neritic habitats over a size range of 45.5-64 
cm (18-25 in) curved carapace length (Bolten et al. 1993; Bjorndal et 
al. 2000; Snover 2002; Bjorndal et al. 2003; Loggerhead Turtle Expert 
Working Group (TEWG 2009)). Studies conducted in the Northwest Atlantic 
Ocean and Mediterranean Sea indicate that some juveniles move between 
neritic and oceanic zones (Keinath 1993; Laurent et al. 1998; Witzell 
2002; Bolten 2003; Morreale and Standora 2005; Mansfield 2006; 
McClellan and Read 2007; Eckert et al. 2008; Mansfield et al. 2009; 
Arendt et al. 2012c).
    The neritic juvenile stage begins when loggerheads exit the oceanic 
zone and enter the neritic zone (Bolten 2003). After migrating to the 
neritic zone, juvenile loggerheads continue maturing until they reach 
adulthood, engaging in foraging and migratory behavior. In the western 
North Atlantic, neritic juvenile loggerheads inhabit continental shelf 
waters from Cape Cod Bay, Massachusetts, south through Florida, the 
Bahamas, Cuba, and the Gulf of Mexico (Musick and Limpus 1997; Spotila 
et al. 1997a; Hopkins-Murphy et al. 2003). Notable inshore habitat 
includes estuarine waters such as Long Island Sound, Delaware Bay, 
Chesapeake Bay, Pamlico and Core Sounds, the large open sounds of South 
Carolina and Georgia, Mosquito and Indian River Lagoons, Biscayne Bay, 
Florida Bay, and numerous embayments fringing the Gulf of Mexico 
(Musick and Limpus 1997; Spotila et al. 1997a; Hopkins-Murphy et al. 
2003). Juvenile loggerheads reside in particular developmental foraging 
areas for many years (Lutcavage and Musick 1985; Mansfield 2006; 
Ehrhart et al. 2007; Braun-McNeill et al. 2008a; Arendt et al. 2012f). 
Sea turtle migrations and distribution in neritic habitat are largely 
correlated to environmental conditions including sea surface 
temperature (SST) (Coles and Musick 2000; Braun-McNeill et al. 2008b) 
and changes in habitat quality over time (e.g., declines in prey 
availability (Mansfield et al. 2009). Some juveniles move between 
neritic and oceanic zones (Keinath 1993; Laurent et al. 1998; Witzell 
2002; Bolten 2003; Morreale and Standora 2005; Mansfield 2006; 
McClellan and Read 2007; Eckert et al. 2008; Mansfield et al. 2009; 
Arendt et al. 2012c).
    The neritic zone also provides important foraging habitat, 
internesting habitat, breeding habitat, and migratory habitat for adult 
loggerheads. Habitat preferences of non-nesting adult loggerheads in 
the neritic zone differ from the juvenile stage in that relatively 
enclosed, shallow water estuarine habitats with limited ocean access 
are less frequently used. Areas such as Pamlico Sound, North Carolina, 
and the Indian River Lagoon, Florida, regularly used by juvenile 
loggerheads, are only rarely frequented by adults (Ehrhart and Redfoot 
1995; Epperly et al. 2007). In comparison, estuarine areas with more 
open ocean access, such as the Delaware Bay and the Chesapeake Bay in 
the U.S. mid-Atlantic, as well as the neritic shelf waters of the Mid-
Atlantic Bight and the South Atlantic Bight are regularly used by both 
juvenile and adult loggerheads, primarily during warmer seasons 
(Lutcavage and Musick 1985; Spotila et al. 1998; Stezer 2002; Mansfield 
2006; Hawkes et al. 2007; Mansfield et al. 2009; Hawkes et al. 2011; 
Arendt et al. 2012b; Arendt et al. 2012c; Arendt et al. 2012d; Ceriani 
et al. 2012; Pajuelo et al. 2012; Griffin et al., unpublished data). 
Shallow water habitats with large expanses of open ocean access, such 
as Florida Bay, provide year-round resident foraging areas for 
significant numbers of male and female adult loggerheads, including 
nesting females (Schroeder et al. 1998; Witherington et al. 2006).
    Loggerheads are distributed along the east coast of the United 
States and Gulf of Mexico, generally along the continental shelf 
approximately out to the 200 m (656 ft) bathymetric contour line (TEWG 
2009). Seasonal composites indicate few to no turtles occurring 
coastally north of 36[deg] N. lat., or just north of Cape Hatteras, 
North Carolina, during winter. From spring through fall, turtles 
occurred in nearshore coastal waters with high use areas occurring from 
South Carolina north into Virginia's Chesapeake Bay and coastal waters 
of the Mid-Atlantic Bight. During the colder fall and winter months, 
turtles had a high frequency of days spent south of Cape Hatteras 
through Florida.
    In the Gulf of Mexico, nearshore coastal surveys have been 
infrequently conducted, with most surveys further offshore (TEWG 2009). 
When surveys covered nearshore areas, sightings usually were reported. 
This was especially true during fall surveys off the west coast of 
Florida, indicating a high density of loggerheads sighted during those 
surveys.
    Adults may also periodically move between neritic and oceanic zones 
(Harrison and Bjorndal 2006; Hawkes et al. 2006; Girard et al. 2009; 
Reich et al. 2010; Eder et al. 2012). Hatase et al. (2002) used stable 
isotope analyses and satellite telemetry to demonstrate that some adult 
female loggerheads nesting in Japan inhabit oceanic habitats rather 
than neritic habitats. Kobayashi et al. (2011) found that non-
reproductive loggerheads (size 64.0-92.0 cm (25.2-36.2 in) SCL) 
originally satellite tagged in Taiwan spent portions of their time in 
neritic habitats, exhibiting a quasi-resident behavior between Taiwan, 
China, Japan, and South Korea, and 12.5 percent of their time in the 
high seas. Reich et al. (2010) analyzed stable isotopes and epibionts 
from Florida nesting loggerheads and found that some turtles may 
inhabit oceanic habitats. However, Pajuelo et al. (2012) evaluated the 
stable isotope values from Reich et al. (2010) and from northern 
nesting areas in conjunction with satellite telemetry data. This study 
identified three neritic foraging areas based on isotopic ratios, with 
differences associated with latitudinal gradients (Pajuelo et al. 
2012).
    In neritic zones, loggerheads are primarily carnivorous, although 
they do consume some plant matter as well (see Bjorndal 1997; and Dodd 
1988, for reviews). Loggerheads feed on a wide variety of food items 
with ontogenetic, regional, and even individual differences in diet. In 
general, loggerheads in neritic habitats within the Northwest Atlantic 
Ocean prey on benthic invertebrates, primarily mollusks and benthic 
crabs (NMFS and USFWS 2008). Loggerheads occurring in the Eastern 
Pacific Ocean while in neritic habitats of Baja California Sur, Mexico, 
feed extensively on pelagic red crabs (Pleuroncodes planipes) 
(Wingfield et al. 2011).

Critical Habitat

    Section 4 of the Endangered Species Act of 1973, as amended (ESA) 
requires the designation of critical habitat for threatened and 
endangered species ``to the maximum extent prudent and determinable,'' 
and provides for the revision of critical habitat based on the best 
scientific data available, as appropriate. (16 U.S.C. 1533(a)(3)(A); 16 
U.S.C. 1533(b)(2)). Critical habitat may only be designated in areas 
under U.S. jurisdiction (50 CFR 424.12(h)).
    Section 4(b)(2) of the ESA requires us to designate critical 
habitat for threatened and endangered species ``on the basis of the 
best scientific data available and after taking into consideration the 
economic impact, the impact on national security, and any other 
relevant impact, of specifying any particular area as critical 
habitat.'' Section 4(b)(2) also grants the Secretary of Commerce 
(Secretary) discretion to exclude any area from critical habitat if s/
he determines ``the benefits of such

[[Page 43010]]

exclusion outweigh the benefits of specifying such area as part of the 
critical habitat.'' However, the Secretary may not exclude areas that 
``will result in the extinction of the species.''
    The ESA defines critical habitat in section 3(5)(A) as: ``(i) the 
specific areas within the geographical area occupied by the species, at 
the time it is listed . . . 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 at the time it is listed . . . upon a 
determination by the Secretary that such areas are essential for the 
conservation of the species.''
    Joint NMFS-USFWS regulations emphasize that in identifying critical 
habitat, the agencies shall consider those PBFs that are essential to 
the conservation of a given species and that may require special 
management considerations or protection (50 CFR 424.12(b)). The 
regulations provide examples of the kinds of essential features to 
consider, which may include but are not limited to:
    (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, rearing of offspring, 
germination, or seed dispersal; and generally
    (5) Habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species.
    The regulations also require agencies to ``focus on the principal 
biological or physical constituent elements'' (hereafter referred to as 
``Primary Constituent Elements'' or PCEs) within the specific areas 
considered for designation, which ``may include, but are not limited 
to, the following: . . . nesting grounds, spawning sites, feeding 
sites, seasonal wetland or dryland, water quality or quantity, . . . 
geological formation, vegetation type, tide, and specific soil types'' 
(50 CFR 424.12(b)). There is inherent overlap between what may 
constitute a PBF and what can be enumerated as a PCE. In this proposed 
rule, when we set out a list of PCEs with a PBF, our intent is that the 
PBF exists whenever a sufficient subset of PCEs is present to allow the 
habitat to serve the conservation function for a single life stage. It 
is not necessary for all the PCEs to occur simultaneously.
    Section 4(b)(2) of the ESA and our implementing regulations (50 CFR 
424.12(a)), require designation of critical habitat to be based on the 
best scientific data available. Accordingly, we reviewed the most 
recent and comprehensive assessment for loggerheads by habitat category 
(e.g., neritic, oceanic), which for most cases was the TEWG (2009). 
This review resulted in the identification of relatively high use areas 
(generally those with 60 or more turtle days in the TEWG satellite 
tracking analysis figures), which served as a proxy for identifying 
important habitat areas, especially as there is little quantitative 
data on loggerhead use of offshore waters. This information was 
supplemented by known and available studies that were not included in 
the TEWG analysis or occurred subsequent to it. For the nearshore 
reproductive habitat, we relied on data and information on nesting 
distribution and patterns to identify nearshore reproductive areas 
associated with high density nesting beaches, as described in the USFWS 
proposed rule to designate critical habitat for the Northwest Atlantic 
Ocean DPS (78 FR 18000, March 25, 2013). For the Sargassum habitat, we 
reviewed data on the distribution of Sargassum and its relationship to 
loggerhead habitat needs to identify Sargassum habitat.
    Once critical habitat is designated, section 7 of the ESA requires 
Federal agencies to ensure they do not fund, authorize, or carry out 
any actions that are likely to result in the ``destruction or adverse 
modification'' of that habitat (16 U.S.C. section 1536(a)(2)). This 
standard is separate from the section 7 requirement that Federal 
agencies must ensure that their actions are not likely to ``jeopardize 
the continued existence of'' listed species.

Geographical Area Occupied by the Species

    As noted above, the statutory definition of ``critical habitat'' 
requires that we initially identify the geographical area occupied by 
the species at the time of its listing. NMFS has interpreted 
``geographical area occupied'' in the definition of critical habitat to 
mean generally the range of the species at the time of listing (which, 
for the loggerhead DPSs, was September 22, 2011 (76 FR 58868). 
Loggerhead sea turtles occur throughout the temperate and tropical 
regions of the Atlantic, Pacific, and Indian Oceans (Dodd 1988). 
Because critical habitat can only be designated in U.S. territory, the 
findings set out in this proposed rule are limited to the Northwest 
Atlantic Ocean and North Pacific Ocean DPSs within the U.S. Economic 
Exclusive Zone (EEZ). For both of these DPSs, there is no known 
unoccupied marine habitat because all areas known to have been 
historically occupied are still occupied. As such, we identified the 
geographical area occupied as south of 60[deg] N. lat., north of the 
equator, and west of 40[deg] W. long. for the Northwest Atlantic Ocean 
DPS, and south of 60[deg] N. lat. and north of the equator for the 
North Pacific Ocean DPS (76 FR 58868, September 22, 2011). While this 
is the range occupied by the species, we reviewed data for only U.S. 
EEZ waters within that range. Within the U.S. EEZ, loggerhead sea 
turtle nesting occurs only within the Northwest Atlantic Ocean DPS, and 
USFWS defined the terrestrial portion of the geographical area occupied 
in this DPS as those areas where nesting has been documented for the 
most part annually for a 10-year period (2002 to 2011) (78 FR 18000, 
March 25, 2013).

Northwest Atlantic Ocean DPS

    As stated earlier, we analyzed three ecosystem types when 
identifying critical habitat: Terrestrial, neritic, and oceanic. 
Because NMFS has jurisdiction only in the marine environment, this rule 
examines areas within the broad categories of neritic and oceanic 
habitat, although as we worked through our analysis we also identified 
Sargassum habitat as a separate category, as Sargassum occurs in both 
neritic and oceanic habitat.
    Neritic habitat consists of the nearshore marine environment from 
the surface to the sea floor where water depths do not exceed 200 m 
(656 ft), including inshore bays and estuaries. For purposes of 
describing potential critical habitat in the Atlantic Ocean, the CHRT 
considered loggerhead behavior and broke discussions of neritic habitat 
into several habitat types: (1) Nearshore Reproductive Habitat, 
including hatchling swim frenzy and internesting female habitat; (2) 
Foraging Habitat; (3) Wintering Habitat; (4) Breeding Habitat; (5) 
Constricted Migratory Habitat; and (6) Sargassum Habitat. However, 
because of the overlap of many of these habitats, all but the Sargassum 
Habitat (which also extends into oceanic habitat) were labeled Neritic 
Habitat in any units proposed for designation as critical habitat.
    Nearshore Reproductive Habitat: Nearshore reproductive habitat 
includes habitat for the hatchling swim frenzy and for females during 
the internesting period from the shoreline (Mean High Water (MHW)) 
seaward 1.6 km (1 mile). This nearshore zone is a vulnerable,

[[Page 43011]]

pivotal transitional habitat area for hatchling transit to open waters, 
and for nesting females to transit back and forth between open waters 
and nesting beaches during their multiple nesting attempts throughout 
the nesting season. The location of nearshore reproductive habitat is 
determined largely by the location of the nesting beaches. The four 
recovery units identified in the Recovery Plan for the Northwest 
Atlantic Population of the Loggerhead Sea Turtle (NMFS and USFWS 2008) 
represent nesting assemblages and, thus, the geographical areas 
utilized for nesting by each unit contain this nearshore reproductive 
habitat. The recovery units are (1) the Northern Recovery Unit, which 
is defined as loggerheads originating from nesting beaches from the 
Florida-Georgia border through southern Virginia (the northern extent 
of the nesting range); (2) the Peninsular Florida Recovery Unit, 
defined as loggerheads originating from nesting beaches from the 
Florida-Georgia border through Pinellas County on the west coast of 
Florida, excluding the islands west of Key West, Florida; (3) the Dry 
Tortugas Recovery Unit, defined as loggerheads originating from nesting 
beaches throughout the islands located west of Key West, Florida, 
because these islands are geographically separated from other recovery 
units; and (4) the Northern Gulf of Mexico Recovery Unit, defined as 
loggerheads originating from nesting beaches from Franklin County on 
the northwest Gulf coast of Florida through Texas (the western extent 
of U.S. nesting range). The fifth recovery unit, the Greater Caribbean 
Recovery Unit, includes all nesting assemblages within the Greater 
Caribbean, which are outside the U.S. EEZ with a few exceptions in 
Puerto Rico and the U.S. Virgin Islands. Marine waters offshore Puerto 
Rico and the U.S. Virgin Islands are not proposed as critical habitat 
and will not be discussed further, due to extremely limited records of 
inhabitance (Pollock et al. 2009).
    The habitat characteristics of this nearshore zone are important in 
female nest site selection and successful repeat nesting. In addition 
to nesting beach suitability and proximity to nearshore oceanic 
currents needed for hatchling transport, habitat suitable for transit 
between the beach and open waters by the adult female turtle is 
necessary. Nesting females typically favor beach approaches with few 
obstructions or physical impediments such as reefs or shallow water 
rocks which may make the entrance to nearshore waters more difficult or 
even injure the female as she attempts to reach the surf zone (Salmon 
2006). During the internesting period, loggerhead sea turtles have been 
shown to use varying strategies. It is rare for turtles to travel well 
offshore during internesting, with the vast majority remaining no more 
than a few miles from shore. However, the nearshore areas used range 
from individuals remaining directly off the beach on which they had 
just nested, to individuals traveling substantial distances along shore 
before settling into a resting area to await the next nesting attempt, 
with habitats types ranging from the back side of barrier islands, to 
sand, to structure (Hopkins and Murphy 1981; Stoneburner 1982; 
Mansfield et al. 2001; Griffin 2002; Scott 2006; Tucker 2009; Hart et 
al. 2010).
    Foraging Habitat: Foraging loggerheads are commonly found 
throughout the continental shelf from Florida to Cape Cod, 
Massachusetts, and in the Gulf of Mexico from Florida to Texas, 
although their presence in more northern waters (north of Cape 
Hatteras) is dependent upon suitable water temperature (Shoop and 
Kenney 1992; Keinath 1993; Epperly et al. 1995a; Morreale and Standora 
2005; Braun-McNeill et al. 2008b; NMFSa 2012). In other words, foraging 
grounds for juvenile and adult loggerheads are essentially the entire 
continental shelf, including estuaries, bays, and sounds (Hopkins-
Murphy et al. 2003; Morreale and Standora 2005).
    In-water surveys were reviewed to identify habitat features of 
important foraging grounds, although this endeavor was largely 
unsuccessful. Arendt et al. (2012d) conducted trawl surveys from South 
Carolina to northern Florida and found loggerhead capture locations to 
be clustered throughout the survey area. While there were spatial 
hotspots and cold spots in this area, the origin of spatial clusters 
could not be explained by biotic and other environmental parameters 
(Arendt et al. 2012d). Mansfield et al. (2009) also examined 
environmental parameters (e.g., SST, chlorophyll a, sea surface height, 
net primary productivity) associated with satellite-tracked juvenile 
loggerheads in the neritic and oceanic environment. Parameter ranges 
varied by season and by habitat, with the highest chlorophyll values 
associated with neritic loggerheads during the summer (Mansfield et al. 
2009).
    In addition to the satellite telemetry and aerial survey data 
indicating high use areas, diet studies examining stomach contents, and 
trawl studies mentioned above, stable isotope analyses of nitrogen and 
carbon have been examined to provide information on forage species and 
the environment in which loggerheads foraged (Vander Zanden et al. 
2010; Ceriani et al. 2012; Pajuelo et al. 2012a; Pajuelo et al. 2012b). 
While large scale geographic regions (e.g., Mid-Atlantic Bight, South 
Atlantic Bight) used by adult loggerheads to forage can be identified 
by stable isotope studies, feeding areas at a finer scale will require 
the use of additional biomarkers (Pajuelo et al. 2012b).
    Winter Habitat: The importance of winter habitat became clear as we 
evaluated foraging habitat given the unique nature and patterns of this 
seasonal habitat. While loggerheads from northern foraging areas may 
inhabit other areas during the winter (e.g., Georgia and Florida; 
Hawkes et al. 2007; Mansfield et al. 2009), the best available data 
indicates that the area south of Cape Hatteras is an important winter 
concentration area, especially for turtles from the Northern Recovery 
Unit and other Recovery Units that may forage in northern waters.
    Cold water temperatures can be lethal for ectothermic marine 
turtles, with temperatures lower than 10 [deg]C leading to cold 
stunning, the metabolic suppression of activity which may result in 
stranding and death (George 1997; Milton and Lutz 2003). Water 
temperatures north of Cape Hatteras decrease in the fall, which 
coincides with a southerly migration of loggerheads in search of more 
favorable habitat (Lutcavage and Musick 1985; Shoop and Kenney 1992; 
Byles 1988; Keinath 1993; Morreale and Standora 2005; Mansfield et al. 
2009). Loggerheads inhabiting northern foraging areas during the summer 
move to winter areas, presumably to avoid declining water temperatures 
(which fall as low as 5 [deg]C), whereas loggerheads found in southern 
foraging areas (off Georgia and Florida) year round do not need to 
migrate across latitudes in the fall and winter because water 
temperatures generally remain above 18 [deg]C in winter (Hawkes et al. 
2011).
    Loggerheads migrate southward past Cape Hatteras when water 
temperatures cool, but the end destination appears to vary (Morreale 
and Standora (2005). Some turtles continue moving to a position far 
enough south to ensure suitable temperatures throughout the winter 
(e.g., off Florida), while others move to the closest position with 
reasonable temperatures (e.g., southern North Carolina). Indeed, the 
region south of Cape Hatteras, North Carolina, has been identified as a 
high use concentration area for loggerheads in the winter months 
(Epperly et al. 1995a;

[[Page 43012]]

Keinath 1993; Morreale 1999; Mansfield et al. 2009; TEWG 2009; Hawkes 
et al. 2011; Ceriani et al. 2012; Griffin et al., unpublished data).
    Some evidence indicates loggerheads concentrate in certain areas 
during the winter, while some data suggest wider dispersal in winter 
than in the summer and movement into oceanic waters (Mansfield et al. 
2009; Arendt et al. 2012c). Cape Canaveral, Florida, is one of these 
winter areas with a concentration of loggerheads, some of which may be 
brumating (Carr et al. 1980; Henwood 1987; Ogren and McVea 1995; 
Morreale and Standora 2005). The combination of water temperatures, 
shallow water, and relative production contribute to the suitability of 
Cape Canaveral during the winter (Morreale and Standora 2005).
    The difference between wintering areas off Florida and the Gulf of 
Mexico and waters off southern North Carolina (at what is thought to be 
the northern extent of suitable winter habitat) is that southern North 
Carolina provides consistent warm water habitat and is the closest 
thermally habitable winter environment for turtles that forage further 
north (Keinath 1993; Mansfield et al. 2009). Inhabiting the area 
between Cape Hatteras and Cape Fear during the winter at the edge of 
the Gulf Stream minimizes migratory distance back to northerly summer 
foraging areas, and therefore the time and energy needed to reach them, 
while avoiding cold winter temperatures in inshore waters at the same 
latitude, and reducing the energetic costs necessary to maintain a 
position within the strong currents of the Gulf Stream (Epperly et al. 
1995a; Hawkes et al. 2007; Mansfield et al. 2009). The Gulf Stream 
flows along the shelf edge from the south, coming relatively close to 
shore off Cape Hatteras, then turning offshore to the northeast. 
Favorable temperature and depth regimes occur throughout the winter 
along the western edge of the Gulf Stream from Cape Hatteras south 
(Epperly et al. 1995a). Further, offshore waters in southern North 
Carolina would be expected to be more thermally stable than inshore 
waters (Hawkes et al. 2011). The western edge of the Gulf Stream 
provides warm waters and, together with the confluence of other water 
masses, creates a dynamic and highly productive environment (SAFMC 
2002; Mansfield et al. 2009). High upwelling coastal regions have been 
noted as having particular importance as potential foraging areas 
(McCarthy et al. 2010).
    Breeding Habitat: While breeding likely occurs anywhere that 
reproductively active males and females encounter each other during the 
breeding season, efficient propagation of such a widely dispersed 
species would require that breeding-age adults either remain in regular 
proximity to each other or migrate to specific locations at specific 
times to gather for breeding. Arendt et al. (2012b) concluded that 
loggerheads in the Northwest Atlantic Ocean DPS use both strategies. 
Some reproductively mature males and females co-occur on foraging 
grounds year round, while others migrate to and concentrate in 
established areas during the breeding season (Hawkes et al. 2011; 
Arendt et al. 2012b; Foley et al. in review). While mating does occur 
across a larger area and further out from shore, it appears to be more 
common closer to the nesting grounds (Owens 2012, pers. comm.). Mating 
primarily begins a few weeks prior to the nesting season and may last 
more than six weeks (Miller et al. 2003). The nesting season for 
loggerhead turtles in the Northwest Atlantic Ocean is typically from 
late April to early September (NMFS and USFWS 2008). We recognize the 
data limitations and inherent difficulty in identifying every breeding 
area that marine species inhabit, so we analyzed the known high density 
breeding aggregations to derive their associated specific habitat 
features to frame the evaluation for critical habitat designation.
    While mating is also prevalent offshore of the nesting beaches, two 
primary breeding sites were identified as containing large 
concentrations of reproductively active male and female loggerheads in 
the spring, prior to the nesting season. The first is off southern 
Florida, from the shore out to the 200 m (656 ft) contour in between 
the Marquesas Keys and the Martin County/Palm Beach County line. Foley 
et al. (in review) concludes that this area is serving as a 
concentrated breeding site based upon their research on turtle 
movements in the migratory corridor, along with other studies on adult 
male and female movements and capture data, and anecdotal reports of 
mating pairs. This is further supported by unpublished data of 
reproductively active male and female loggerheads in this area prior to 
the nesting season (Foley 2012, pers. comm.).
    The second area identified as a concentrated breeding site is 
located in the nearshore waters just south of Cape Canaveral, Florida. 
The location is central to the high value Florida east coast nesting 
beaches (as defined in the USFWS proposed rule to designate terrestrial 
critical habitat for the Northwest Atlantic Ocean DPS (78 FR 18000) and 
at the northern extent of southern Florida).
    We were unable to identify specific habitat features within the 
breeding areas to distinguish them from other areas not used for 
breeding. In the face of a lack of clear habitat features, we believe 
it is reasonable to conclude that the importance of the breeding areas 
is based primarily on their locations. The first area is located within 
the southern Florida migratory corridor leading to the prime nesting 
habitat, and the second area is central to the prime nesting habitat 
along the east coast of Florida and at the northern end of the 
migratory corridor.
    Constricted Migratory Habitat: Migratory habitat, particularly 
habitat that is constricted, was examined closely as we sought to 
describe critical habitat. Loggerheads are wide-ranging, with 
individuals often traveling long distances among nesting, breeding, and 
foraging sites. The continental shelf appears to be a natural 
delineation for migratory corridors of juveniles and adults. Although 
some individuals take less direct migratory routes, and some even cross 
the shelf out to open waters to access foraging grounds in the 
Caribbean (Arendt et al. 2012b; Ceriani et al. 2012), telemetry data 
from most studies show that all but a few individuals migrating to or 
from nesting and foraging grounds use waters between land and the shelf 
break and/or nearshore current (Gulf Stream or Florida Current).
    We identified two migratory corridors that are constricted in 
width, as indicated by both the width of the continental shelf and 
available satellite tracks, and thus more vulnerable to perturbations 
than other migratory areas along the continental shelf. These migratory 
corridors occur off the coast of North Carolina and Florida.
    The first constricted migratory corridor is off the coast of North 
Carolina. As noted above, sea turtles are highly migratory and 
ectothermic, thus linked to the thermal constraints of their 
environment (Spotila et al. 1997b). For those loggerheads that migrate 
northward in the spring (to foraging areas in the Mid-Atlantic Bight), 
and southward in the fall (to waters with more suitable water 
temperatures, e.g., south of Cape Hatteras), passage through the waters 
off North Carolina is necessary. The continental shelf offshore North 
Carolina narrows considerably between 34.75[deg] and 36[deg] N. lat, 
resulting in a narrow strip of available neritic habitat (Arendt et al. 
2012b), which is approximately 30 km (18.6 miles) in width off Cape 
Hatteras (SAFMC 2002). This narrow corridor of

[[Page 43013]]

continental shelf waters extends to the north and south, until the 
continental shelf widens and the turtles have a larger available area 
to inhabit. The shelf break depth ranges from approximately 150 m (492 
ft) in the Mid-Atlantic Bight to 50 m (164 ft) off Cape Hatteras to 70 
m (230 ft) in Onslow Bay (Werner et al. 1999). While some loggerheads 
may move offshore with the Gulf Stream at the junction of Cape Hatteras 
(McClellan and Read 2007; Mansfield et al. 2009), the majority of 
telemetry data shows neritic juveniles and adults transiting the waters 
of the narrow continental shelf along the North Carolina Outer Banks 
(Morreale and Standora 2005; Mansfield et al. 2009; Hawkes et al. 2011; 
Arendt et al. 2012b; Griffin et al., unpublished data).
    The second constricted migratory corridor is off the southeastern 
coast of Florida. Of several migratory corridors along the continental 
shelf that have been identified for Florida turtles, one along the 
southeastern coast of Florida from the Keys to the central east coast 
of the state is the only one that is constricted by a narrowing of the 
shelf. This southern Florida corridor stretches from the western edge 
of the Marquesas Keys to Cape Canaveral, with the shelf, and thus the 
migratory route used by the turtles, widening substantially beyond each 
of the end points. This narrow shelf is under 2 km (1.2 mi) wide at its 
narrowest off West Palm Beach with a gradual widening north of West 
Palm Beach up to Cape Canaveral where it is around 50 km (31.1 mi) 
wide. The narrowing results in a highly defined, constricted and 
densely-used migratory corridor that appears to be important for a 
large proportion of the Peninsular Florida Recovery Unit post-nesting 
females tracked from the Archie Carr National Wildlife Refuge (NWR). 
These turtles followed the narrow route along the coast of southern 
Florida and some ended their migration on the southwest Florida shelf, 
whereas others traveled north along the shelf or out to the Caribbean 
(Ceriani et al. 2012; Foley et al. in review). The importance of this 
route was also noted from anecdotal information cited in Meylan et al. 
(1983) where aerial surveys for bluefin tuna resulted in the sightings 
of hundreds of loggerhead turtles along the Florida Keys reef tract in 
mid-to-late May 1976 and 1977 during the breeding season and early 
nesting season. The same surveys found only a few turtles at any given 
time in April and early May in the same areas. The use of this 
migratory corridor has also been documented for some adults and 
juveniles making their fall migration from the Mid-Atlantic Bight area 
to the Gulf of Mexico (Mansfield 2006; Mansfield et al. 2009). While 
most of the research conducted has involved post-nesting females, there 
is information that male loggerheads also use the same corridor for 
reproduction-related migrations (Arendt et al. 2012b). It is also 
notable that a portion of the Southern Florida migratory corridor also 
serves as a concentrated breeding site.
    Sargassum Habitat: Sargassum habitat is found in both the neritic 
and oceanic environment. Witherington et al. (2012) found that the 
distribution of post-hatchling and early juvenile loggerheads was 
determined by the presence of Sargassum. Indeed, in surveys in which 
they measured the relative abundance of sea turtles in transects of 
surface-pelagic habitat across areas with and without Sargassum, 
Witherington et al. (2012) found that 89% of 1,884 post-hatchling and 
juvenile turtles were initially observed within 1 meter of floating 
Sargassum. Sargassum rafts are likely not the only habitat of this life 
stage, as young turtles move through other areas where Sargassum does 
not occur (Carr and Meylan 1980); however, loggerheads may be actively 
selecting these habitats for shelter and foraging opportunities. 
Behavioral studies have shown that neonate loggerheads are attracted to 
floating seaweed and hide motionless for long periods of time in the 
weed (Mellgren et al. 1994; Mellgren and Mann 1996). Further, 
laboratory and field experiments with post-hatchling loggerhead and 
green turtles found that the turtles oriented towards Sargassum (Smith 
and Salmon 2009). Post-hatchlings remain at or near the surface for the 
majority of the time while in the Sargassum environment (Mansfield et 
al. 2012; Mansfield and Putman in press). Witherington et al. (2012) 
found the majority of loggerheads to be within 1 m (3.3 ft) of 
Sargassum, and of those turtles, most were inactive at the surface, 
suggesting that they were drifting with Sargassum rather than 
transiting through it. Of the turtles that were active at the surface, 
most were found with their front flippers or mouths actively touching 
or manipulating Sargassum, a behavior consistent with active foraging 
(Witherington et al. 2012). Neritic size loggerheads are also found in 
association with Sargassum on the continental shelf (Witherington 2012, 
pers. comm.).
    Pelagic Sargassum supports a diverse assemblage of marine 
organisms, including over 100 species of fish, fungi, micro- and macro-
epiphytes, at least 145 species of invertebrates, four species of sea 
turtles, and numerous marine birds (SAFMC 2002). The planktonic 
community beneath the Sargassum along the Gulf Stream front is more 
productive than the core of the Gulf Stream or the waters of the outer 
continental shelf, and potential loggerhead food is in greater 
abundance than the surrounding water (Richardson and McGillivary 1991). 
Witherington (2002) captured post-hatchling loggerheads in association 
with floating material near a Gulf Stream front off east-central 
Florida. Analysis of loggerhead gut content showed that 70 percent of 
ingested organisms were associated with the Sargassum community (see 
Witherington 2002). Witherington et al. (2012) propose that the diet of 
turtles found within the Sargassum community is that of a generalist, 
opportunistic omnivore.
    Sargassum is widespread and the geographical and temporal 
distributions are variable and not well understood. Most pelagic 
Sargassum in the Atlantic Ocean circulates between 20[deg] N. and 
40[deg] N. lat. and 30[deg] W. long. and the western edge of the 
Florida Current/Gulf Stream (SAFMC 2002; Dooley 1972). These 
downwelling Sargassum areas also occur close to the shore and in the 
Gulf of Mexico (Bortone et al. 1977; Gower and King 2011), and may 
occur in the Atlantic Ocean as far north as the Grand Banks (Dooley 
1972; SAFMC 2002). Distribution and movement of pelagic Sargassum in 
the Gulf of Mexico and western Atlantic Ocean exhibits a temporal 
pattern from year to year (Gower and King (2011). Sargassum is 
concentrated in the northwest Gulf of Mexico from March to June, then 
spreads eastward into the central and eastern Gulf of Mexico. After 
September, few concentrations are present in the Gulf of Mexico. 
Sargassum detection counts are generally low in the Atlantic Ocean for 
the months of March, April, and May, then disperse into both the Gulf 
of Mexico and a widespread area of the Atlantic Ocean east of Cape 
Hatteras, spreading further east (approximately to 45[deg] W. long.) by 
September and ending up northeast of the Bahamas in February of the 
following year (Gower and King 2011).
    In the western North Atlantic Ocean, the highest Sargassum 
production has been found in the Gulf Stream, lowest on the shelf, and 
intermediate in the Sargasso Sea, with Sargassum contributing about 0.5 
percent of the total primary production in the respective area, but 
nearly 60 percent of the total in the upper 1 m (3 ft) of the water 
column (Howard and Menzies 1969; Carpenter and Cox 1974; Hanson

[[Page 43014]]

1977). Sargassum production varies by season, with the greatest biomass 
occurring off the southeastern U.S. coast after July (Gower and King 
2011). This roughly coincides with peak hatchling production in the 
southeastern United States (Mansfield and Putman in press).
    The specific density of Sargassum that may result in high 
concentration of loggerhead turtles is unknown. It has been suggested 
that turtle density increases with Sargassum density and Sargassum 
consolidation, especially when Sargassum consolidation is linear 
(Witherington et al. 2012). Sargassum consolidation is greatest at 
strong convergences, which occur at fronts, especially at the margins 
of major surface currents. Witherington et al. (2012), however, 
captured most turtles in Sargassum outside these dense convergence 
zones (i.e., in scattered patches, weak convergences, windrows), so a 
direct correlation between strong convergences and essential loggerhead 
habitat cannot be made. That said, the highest density of post-
hatchling loggerheads was found near the Gulf Stream (a major 
convergence) off Florida; little effort and few captures occurred at 
major convergences in the Gulf of Mexico (Witherington et al. 2012).
    The physical forces that aggregate Sargassum also aggregate 
pollutants and debris, making this habitat especially vulnerable. 
Witherington et al. (2012) found a high frequency of plastics in the 
Sargassum community, which may impact the quality and prey species 
found in this habitat (as well result in direct impacts to loggerheads 
from ingestion). This plastic and debris may originate from a variety 
of sources, and disposal at sea or on land.
    Oceanic Habitat: Although adults transition between neritic and 
oceanic habitat, the oceanic habitat is predominantly used by young 
loggerhead sea turtles that leave neritic areas as neonates or young 
juveniles, and remain in oceanic habitat moving with the predominant 
ocean gyres for several years. The ocean currents and gyres, such as 
the Gulf Stream and Florida Loop Current in the Atlantic Ocean, serve 
as important dispersal mechanisms for hatchlings and neonate sea 
turtles as well as vital developmental habitat for those early age 
classes. The presence of Sargassum is important for the oceanic 
juvenile life stage, as it offers a concentrated, protected foraging 
area, with facilitated dispersal by associated oceanic currents.
    The oceanic juvenile stage in the North Atlantic Ocean has been 
primarily studied in the waters around the Azores and Madeira (Bolten 
2003). In Azorean waters, satellite telemetry data and flipper tag 
returns suggest a long period of residency (Bolten 2003), whereas off 
Madeira, turtles appear to be transient (Dellinger and Freitas 2000). 
Preliminary genetic analyses indicate that juvenile loggerheads found 
in Moroccan waters are of western Atlantic Ocean origin (M. Tiwari, 
NMFS, and A. Bolten, unpublished data).
    Other concentrations of oceanic juvenile turtles exist in the 
Atlantic Ocean, such as in the region of the Grand Banks off 
Newfoundland (Witzell 2002). Much of the information on the prevalence 
of juvenile loggerheads in U.S. oceanic waters comes from captures in 
the pelagic longline fishery (Witzel 1999; Yeung 2001; NMFS 2004; 
Watson et al. 2005; LaCasella et al., in review). High loggerhead 
bycatch has been observed in the U.S. Northeast distant pelagic fishing 
statistical reporting area, which is in the western North Atlantic 
Ocean, including the Grand Banks (Witzel 1999; Yeung 2001). However, 
fishery-dependent data may not necessarily indicate important 
loggerhead habitat, as it is only representative of the distribution of 
fishing effort. Previous genetic information indicated the Grand Banks 
were foraging grounds for a mixture of loggerheads from all the North 
Atlantic Ocean rookeries (Bowen et al. 2005; LaCasella et al. 2005), 
but recent analysis shows that juvenile loggerheads in the central 
North Atlantic Ocean (e.g., the Grand Banks) are almost exclusively of 
Northwest Atlantic Ocean DPS nesting stock origin (instead of Northeast 
Atlantic Ocean or Mediterranean Sea DPSs), with the majority coming 
from the large eastern Florida rookeries (LaCasella et al., in review).
    There are limited fishery-independent studies on the oceanographic 
features associated with loggerhead high use areas in the Atlantic 
oceanic environment. However, McCarthy et al. (2010) analyzed movement 
of satellite-tracked juvenile loggerheads (n=10) in relation to the 
environment they occupied within the North Atlantic Ocean. All 
loggerheads exhibited behavior interpreted as foraging in waters with 
high chlorophyll a and shallower parts of the ocean compared to deeper, 
low chlorophyll areas (McCarthy et al. 2010). Further, straighter 
tracks (not interpreted as foraging) occurred in warmer SST and areas 
with weaker current velocity. Juvenile loggerheads may spend more time 
foraging in shallow oceanic waters (represented by seamounts) with high 
chlorophyll (McCarthy et al. 2010). Juveniles have also been found in 
areas of high primary productivity and along the edges of mesoscale 
eddies (identified by sea surface height anomalies) (Mansfield et al. 
2009).

North Pacific Ocean DPS

    The following discussion is not divided by ecosystem (i.e., 
terrestrial, neritic, and oceanic zones) and habitat type, as with the 
Northwest Atlantic Ocean DPS, due to the limited occurrence of 
loggerheads within the North Pacific Ocean DPS in habitats under U.S. 
jurisdiction. Within the U.S. EEZ, loggerheads are found only in waters 
northwest of the Hawaiian Islands, and off the U.S. west coast, 
primarily the Southern California Bight, south of Point Conception. No 
loggerhead nesting occurs within U.S. jurisdiction. Loggerhead nesting 
has been documented only in Japan (Kamezaki et al. 2003), although low 
level nesting may occur outside of Japan in areas around the South 
China Sea (Chan et al. 2007). Loggerhead hatchlings undertake extensive 
developmental migrations using the Kuroshio and North Pacific Current 
(Polovina et al. 2001; Polovina et al. 2006; Kobayashi et al., 2008), 
and some turtles reach the vicinity of Baja California in the eastern 
Pacific Ocean (Uchida and Teruya 1988; Bowen et al. 1995; Peckham et 
al. 2007). After spending years foraging in the central and eastern 
Pacific Ocean, loggerheads return to their natal beaches for 
reproduction (Resendiz et al. 1998; Nichols et al. 2000) and remain in 
the western Pacific Ocean for the remainder of their life cycle 
(Iwamoto et al. 1985; Kamezaki et al. 1997; Sakamoto et al. 1997; 
Hatase et al. 2002; Ishihara et al. 2011).
    In the central North Pacific Ocean, foraging juvenile loggerheads 
congregate in the boundary between the warm, vertically-stratified, low 
chlorophyll water of the subtropical gyre and the vertically-mixed, 
cool, high chlorophyll transition zone water. This boundary area is 
referred to as the Transition Zone Chlorophyll Front and is favored 
foraging and developmental habitat for juvenile loggerhead turtles 
(Polovina et al. 2001; Kobayashi et al. 2008). Satellite telemetry of 
loggerheads also identified the Kuroshio Extension Current (KEC), 
specifically the Kuroshio Extension Bifurcation Region (KEBR), as a 
forage hotspot (Polovina et al. 2006; Kobayashi et al. 2008). The KEBR 
is an area of high primary productivity that concentrates zooplankton 
and other organisms that in turn attract higher trophic level 
predators, including sea turtles (Polovina et al. 2004). Loggerhead sea

[[Page 43015]]

turtle habitat in the North Pacific Ocean occurs between 28[deg] N. and 
40[deg] N. lat. (Polovina et al. 2004) and SST of 14.45 [deg]C to 19.95 
[deg]C (58.01 [deg]F to 67.91 [deg]F) (Kobayashi et al. 2008), but is 
highly correlated at the 17/18 [deg]C (63/64 [deg]F) isotherm (Howell 
et al. 2008).
    Within the U.S. EEZ around Hawaii, North Pacific Ocean DPS 
developmental, foraging and transiting habitat described above occurs 
both seasonally and inter-annually within the southernmost fringe of 
the Transition Zone Chlorophyll Front. Although the Transition Zone 
Chlorophyll Front located north and northwest of Hawaii is an oceanic 
foraging area for juveniles (Polovina et al. 2006), the area extending 
into the U.S. EEZ is very limited compared to the foraging area 
overall. Further, the area of the U.S. EEZ around Hawaii does not 
provide suitable SST, and therefore suitable loggerhead habitat, from 
July to November.
    Loggerheads, which have been documented off the U.S. west coast and 
southeastern Alaska, are primarily found south of Point Conception, the 
northern boundary of the Southern California Bight. In Alaska, only two 
loggerheads have been documented since 1960 (Hodge and Wing 2000). In 
Oregon and Washington, records have been kept since 1958, with nine 
strandings recorded over approximately 54 years (NMFS Northwest Region 
stranding records database, unpublished data). In California, 48 
loggerheads have either stranded or been taken in the drift gillnet 
fishery since 1990.
    Of 32 documented strandings in California from 1990 to 2012, only 
four loggerheads have stranded north of Point Conception. The majority 
of strandings occurred in months associated with warmer SSTs (July-
September), although loggerheads also stranded in the colder months 
(December-February) (NMFS Southwest Region sea turtle stranding 
database, unpublished data). An examination of the records from 1990 to 
2010 showed that just over half of the loggerheads (14 of 26) stranded 
in the Southern California Bight area during non-El Ni[ntilde]o events 
(Allen et al. 2013).
    The only fishery that has been documented as interacting with 
loggerheads off the U.S. west coast and Alaska is the California/Oregon 
(now just California) drift gillnet fishery targeting swordfish and 
thresher sharks. This fishery has been observed by the NMFS Southwest 
Region since 1990, with roughly 20 percent observer coverage. Since 
1990, 16 loggerheads have been observed taken by this fishery. All of 
the fishery interactions have taken place south of Point Conception. 
The loggerheads caught in these drift gillnets were most likely early 
and late oceanic stage juveniles (Ishihara et al. 2011).
    Off the U.S. west coast, the southward flowing California Current 
moves along the California coast, after which it swings westward as the 
California Current Extension and becomes or joins the North Pacific 
Equatorial Current. Normally this current brings low salinity, low 
nutrient waters relative to upwelled waters along the coast (Chavez et 
al. 2002). Northerly-moving countercurrents include (1) the Davidson 
Countercurrent, flowing northward and coastally between Point 
Conception and the Pacific Northwest; (2) the Southern California 
Countercurrrent, moving coastally from southern Baja California and 
expanding into a gyre inside the islands off southern California; and 
(3) the California undercurrent transporting deeper waters (~200 m (~ 
656 ft)) northward toward California from the Baja peninsula, and 
bringing warmer, higher saline and nutrient/oxygen-poor waters into the 
Southern California Bight (in Boyd 1967; Bograd and Lynn 2001). The 
seasonal behavior of these current features may influence prey of 
loggerheads and other marine species. Overall the Southern California 
Bight is little influenced by coastal upwelling, and is therefore 
nutrient-limited over much of the year.
    During some El Ni[ntilde]os, anomalies in the wind field in the 
western equatorial Pacific Ocean generate Kelvin waves that move 
eastward, depressing the thermocline, deepening the nutricline, and 
developing warm surface temperatures. Reduced coastal upwelling also 
leads to less nutrient-rich waters and less biological production 
(Chavez et al. 2002). The normal current pattern, as described above, 
is also altered, with a reduced southward surface transport of the 
California Current and increased northward flow of the deeper 
California Undercurrent, bringing more tropical planktonic species such 
as warm-water krill and, most importantly for loggerheads, pelagic red 
crabs, found to be an important prey species of these turtles off 
central Baja California (Schwing et al. 2005; Peckham et al. 2011).
    A comparison of the habitat features within the Southern California 
Bight under El Ni[ntilde]o and non-El Ni[ntilde]o conditions with those 
in central Baja California, reveals significant differences. This helps 
explain why loggerheads are found primarily off Baja and rarely off 
southern California. South of Point Eugenia on the Pacific coast of 
Baja California, pelagic red crabs have been found in great numbers, 
attracting top predators such as tunas, whales and sea turtles, 
particularly loggerheads (Blackburn 1969; Pitman 1990; Wingfield et al. 
2011). This area is highly productive due to its unique 
geomorphological and physical oceanographic features, which promote 
upwelling through persistent positive wind-stress and wind stress curl 
(Ekman pumping). Water is recirculated in the upwelling shadow, 
providing warmer SSTs. Fronts exist in the nearshore area which 
converge cold and warm water, enhance prey abundance and, maintain high 
densities of red crabs. Thus, foraging opportunities and thermal 
conditions are optimal for loggerhead sea turtles (Wingfield et al. 
2011), and these turtles have been documented in the thousands in this 
area off Baja California (Pitman 1990; Seminoff et al. 2006). Pitman 
(1990) found loggerhead distribution off Baja to be strongly associated 
with the red crab, which often occurred in such numbers as to ``turn 
the ocean red.''
    Allen et al. (2013) reported a significant difference in stable 
carbon ([delta]\13\C) and nitrogen ([delta]\15\N) isotope ratios 
between eight loggerheads bycaught by the California drift gillnet 
fishery in the Southern California Bight and loggerheads in Baja, 
Mexico. The team also found that isotope ratios of Southern California 
Bight turtles were highly similar to those of loggerheads sampled in 
the central Pacific Ocean. However, of hundreds of loggerheads foraging 
in oceanic and neritic habitats of the North Pacific Ocean that have 
been studied via satellite telemetry (Polovina et al. 2003; Polovina et 
al. 2004; Polovina et al. 2006; Kobayashi et al. 2008; Howell et al. 
2010; Nichols et al. 2000; Peckham et al. 2011), few turtles exhibited 
movements toward the U.S. west coast or toward the Baja California 
Peninsula. Further review of the loggerhead tagging database of turtles 
tagged in the central north Pacific Ocean showed only 2 out of 54,655 
track records showed up in the U.S. west coast EEZ (Kobayashi, 2012, 
pers. comm). This occurred in October 1998 and was found to be a 
transition period between the 1997-1998 El Ni[ntilde]o and a La 
Ni[ntilde]a (Benson et al. 2002). In addition, Peckham et al. (2011) 
reported that of 40 loggerheads outfitted with satellite transmitters 
off the Baja California Peninsula, none of the turtles traveled north 
to southern California.
    Little is known about the importance of prey to loggerheads found 
in southern California waters. Few necropsies have been conducted on 
loggerheads

[[Page 43016]]

stranded or bycaught off the U.S. west coast. Based on the stable 
isotope analysis by Allen et al. (2013), loggerheads found off the U.S. 
west coast may employ a strategy similar to that of loggerheads found 
in the central North Pacific Ocean, i.e. that they forage 
opportunistically on a wide variety of prey. However, identifying 
oceanographic and biological features that aggregate prey in the 
Southern California Bight is not as clear as in the central north 
Pacific Ocean (concentrations of phytoplankton which attract neustonic 
and oceanic organisms, etc.; Parker et al. 2005). Confounding this is 
the documented presence (and assumed co-occurrence) of both loggerheads 
and pelagic red crabs in the Southern California Bight during non-
normal (El Ni[ntilde]o) years. Because loggerheads are rarely found off 
the U.S. west coast and they are generally opportunistic feeders, no 
prey could be identified as a biological feature of habitat for this 
species.
    Although nearly all (15 of 16) loggerheads observed taken by the 
California drift gillnet fishery occurred during El Ni[ntilde]o events, 
Allen et al. (2013) point out that loggerheads have stranded off 
southern California during non-El Ni[ntilde]o events. An examination of 
the records showed that the SSTs in the vicinity of bycaught turtles 
were similar to the SSTs that loggerheads associated with off the 
central North Pacific Ocean (14 [deg]C to 19.95 [deg]C (58 [deg]F to 68 
[deg]F) (Kobayashi et al. 2008). Given this wide range and non-
predictability of SST as a habitat feature within the Southern 
California Bight, we could not identify SST as a habitat feature for 
loggerheads. In addition, given the variability in oceanographic (e.g. 
currents, lack of prolific or profound year-round upwelling or fronts/
gyres) and biological (e.g. chlorophyll a) features that are associated 
within the Southern California Bight during both non-El Ni[ntilde]o and 
El Ni[ntilde]o years, and which differ so profoundly from other areas 
where loggerheads are regularly found in large numbers (i.e. the 
central north Pacific Ocean and off central Baja California, Mexico), 
we could identify no such habitat features associated with loggerheads 
found off the Southern California Bight.

Description of Physical or Biological Features and Primary Constituent 
Elements and Identification of Specific Sites

    Based on the best available scientific information, we identified 
PBFs of habitat essential for the conservation of the loggerhead sea 
turtle, as well as the PCEs that support the PBFs. A particular area of 
critical habitat serves its conservation function whenever one or more 
of the PBFs is present. Further, because the various life stages will 
depend upon different PCEs, it is not necessary for every PCE listed 
with a PBF to be present in order to find that the PBF is present in a 
specific area. So long as a sufficient subset of PCEs is present to 
allow the habitat to serve the conservation function for a single life 
stage, we would conclude that the PBF is found within the area.
    We also described the means used to identify specific sites that 
contain the PBFs and PCEs considered essential to the conservation of 
the species. In this rulemaking, we include a summary of the means used 
to identify terrestrial habitat, even though terrestrial critical 
habitat was proposed for designation by USFWS (78 FR 18000; March 25, 
2013), because the critical habitat for nearshore reproductive habitat 
is very closely associated with the terrestrial habitat. The means used 
to identify specific habitat containing the PBFs and PCEs in each 
category (e.g., nearshore reproductive, foraging, migratory, etc.) was 
different from category to category because each category and life 
history stage warrant different considerations. As appropriate and 
consistent with the best available science, we expressly sought to 
include areas that provided the highest level of conservation benefit 
to the species, with particular consideration of areas needed to 
support recovery units discussed in the species' recovery plan (which 
is by definition reflective of the best available scientific 
information regarding the conservation needs of the species). Because 
information that allowed us to use quantitative criteria (such as was 
done for terrestrial habitat) was lacking, we necessarily identified 
most marine habitat in a more qualitative manner.

Northwest Atlantic Ocean DPS

    PBFs and PCEs were identified for each of the following habitats: 
(1) Terrestrial Habitat (nesting; done by USFWS); (2) Neritic Habitat 
(nearshore reproductive, foraging, winter, breeding, migratory); and 
(3) Sargassum Habitat. No PBFs or PCEs were identified for Oceanic 
Habitat in the Northwest Atlantic Ocean DPS because we could find no 
specific habitat features that were essential to the conservation of 
the species within this area other than Sargassum.
    Terrestrial Habitat: USFWS describes the PBFs of terrestrial 
habitat as (1) sites for breeding, reproduction or rearing (or 
development) of offspring, and (2) habitats protected from disturbance 
or representative of the historical, geographic and ecological 
distributions of the species. See 78 FR 18000 (March 25, 2013) for more 
specifics on these PBFs and the PCEs.
    As explained further in their proposed rule for terrestrial 
habitat, USFWS used the following process to select appropriate 
terrestrial critical habitat units for Northwest Atlantic Ocean DPS. 
For each recovery unit, they looked at nesting densities by state (or 
units within the State in the case of Florida) to ensure a good spatial 
distribution of critical habitat and to address the conservation needs 
of each recovery unit delineated in the Recovery Plan for the Northwest 
Atlantic Population of the Loggerhead Sea Turtle (NMFS and USFWS 2008). 
They identified beach segments as islands or mainland beaches separated 
by creeks, inlets, or sounds, except for long, contiguous beaches, in 
which case they used political boundaries, e.g., Myrtle Beach. USFWS 
then divided beach nesting densities (mean density of nest counts from 
2006-2011) into quartiles (four equal groups) by state or, for 
peninsular Florida, by 5 units within the State, and selected beaches 
that were within the upper quartile--high density nesting beaches--for 
designation as critical habitat. USFWS also identified adjacent beaches 
for each of the high density nesting beaches, i.e., USFWS selected one 
beach to the north and one to the south of each of the high density 
nesting beaches identified for inclusion as critical habitat. Because 
loggerheads are known to exhibit high site fidelity to individual 
nesting beaches, and because they nest on dynamic beaches that may be 
significantly degraded or lost through natural processes and upland 
development, USFWS concluded that protecting beaches adjacent to high 
nesting density beaches should provide sufficient habitat to 
accommodate nesting females whose primary nesting beach has been lost. 
These areas also will facilitate recovery by providing additional 
nesting habitat for population expansion. For the Dry Tortugas Recovery 
Unit, USFWS proposed designating as terrestrial critical habitat all 
islands west of Key West, Florida where loggerhead nesting has been 
documented, due to the extremely small size of this recovery unit.
    Using the rationale described above, USFWS identified 88 units as 
terrestrial critical habitat for the loggerhead sea turtle. The 
methodology used for identifying critical habitat is described in 
detail in the USFWS proposed rule (78 FR 18000, March 25, 2013).
    Neritic Habitat: Neritic habitat in the United States occurs only 
within the

[[Page 43017]]

range of the Northwest Atlantic Ocean DPS. We described neritic habitat 
as waters that are less than 200 m (656 ft) in depth. We described the 
PBFs and PCEs of neritic habitat as occurring in five categories, which 
were determined in consideration of the types of loggerhead behavior 
essential for conservation: Nearshore reproductive, foraging, winter, 
breeding, and constricted migratory.
    Nearshore Reproductive Habitat: We describe the PBF of nearshore 
reproductive habitat as a portion of the nearshore waters adjacent to 
nesting beaches that are used by hatchlings to egress to the open-water 
environment as well as by nesting females to transit between beach and 
open water during the nesting season.
    PCEs that support this habitat are the following:
    (1) Nearshore waters directly off the highest density nesting 
beaches as identified in 78 FR 18000 (March 25, 2013) to 1.6 km 
offshore;
    (2) Waters sufficiently free of obstructions or artificial lighting 
to allow transit through the surf zone and outward toward open water; 
and
    (3) Waters with minimal manmade structures that could promote 
predators (i.e., nearshore predator concentration caused by submerged 
and emergent offshore structures), disrupt wave patterns necessary for 
orientation, and/or create excessive longshore currents.
    As indicated above, the identification of nearshore reproductive 
habitat was based primarily on the location of beaches identified as 
high density nesting beaches by USFWS (78 FR 18000, March 25, 2013), as 
well as beaches adjacent to the high density nesting beaches that can 
serve as expansion areas, in accordance with the process described in 
Terrestrial Habitat above. Because the nesting beach habitat considered 
for designation by USFWS has the densest nesting within given 
geographic locations, the greatest number of hatchlings is presumed to 
be produced on these beaches and either the greatest number of nesting 
females and/or the most productive females presumably nests on these 
beaches. Currently, nearshore reproductive habitat includes waters off 
the four high density or expansion nesting beaches that were not 
proposed for designation as terrestrial critical habitat by USFWS 
because they occur on military lands that are exempt from designation 
due to the existence of an adequate Integrated Natural Resources 
Management Plan (INRMP). They are identified here as essential 
nearshore reproductive habitat because either their INRMPs do not 
address waters off the beach or it is not clear to the extent that they 
address waters off the beach. We are in discussions with the U.S. 
Marine Corps regarding the INRMP for Onslow Beach on Marine Corps Base 
(MCB) Camp Lejeune and nearshore areas under their control. We may 
revisit this determination prior to finalizing this proposed rule.
    In determining the boundary for this nearshore reproductive 
habitat, there was no clear distance from shore indicated in available 
information and from discussions with experts on hatchling movements. 
We considered using 1.6 km (1 mile), 4.8 km (3 miles), and distances 
farther from shore. A study from Georgia (Scott 2006) showed that 
satellite tagged turtles were observed within state jurisdictional 
waters (3 miles (4.8 km)) 82 percent of the time. However, longshore 
dispersal during internesting is also relatively high and turtles may 
disperse miles away from the nesting beach. Scott (2006) reported that 
14 of the 22 turtles (64 percent) had mean distances along shore from 
the nesting site of >=10 km (6.2 miles) and 7 (32 percent) had mean 
distances of >=20 km (12.4 miles). Numerous other studies have 
documented similar longshore movement distances during the internesting 
period (Hopkins and Murphy 1981; Stoneburner 1982; Mansfield et al. 
2001; Mansfield 2006; Griffin 2002; Tucker 2009; Hart et al. 2010). 
Hatchlings, which remain in a swim frenzy for 20-30 hours (Carr and 
Ogren 1960; Carr 1962; Carr 1982; Wyneken and Salmon 1992; Witherington 
1995), presumably move well beyond 4.8 km (3 miles).
    We determined that a distance of 1.6 km (1 mile) from the MHW line 
of each identified high-density nesting beach would most accurately 
identify the areas essential to the conservation of loggerhead sea 
turtles because nearshore waters pose the greatest opportunity for 
disruption of the habitat functions necessary for offshore egress for 
hatchlings and transit to and from the nesting beach by nesting 
females. Threats to the essential function of the hatchling swim frenzy 
habitat include physical impediments to offshore egress, predator 
concentration, disruption of wave angles used for orientation to open 
water, and the formation of strong longshore currents resulting from 
artificial structures (such as breakwaters or groins), the vast 
majority of which would occur well within the 1.6 km (1 mile) line. 
Studies such as Witherington and Salmon (1992) have shown that 
predation of hatchling sea turtles was substantially higher in the 
vicinity of reef structure, even patchy, low-relief reefs, than over 
open sand. Hatchling dispersal during the swim frenzy is both 
energetically expensive and time-limited. Disorientation and prolonging 
of the time in which hatchlings attempt to reach deeper, open waters 
can be expected to have a significant, though unquantifiable, impact on 
the hatchlings. One such effect can be excess resource expenditures 
resulting in physiological effects reducing fitness or survival as a 
result of excessively high lactate levels that are known to occur 
during frenzy activity (Dial 1987). As they go farther from shore, 
hatchling dispersal is expected to increase substantially due to 
individual differences in the angles they swim away from shore and the 
effects of longshore currents, and the likelihood for significant 
habitat disruption preventing the hatchlings from reaching their post-
hatchling transition habitat is much lower. Likewise, internesting 
female dispersal is expected to increase in habitats beyond nearshore 
waters as discussed previously. A distance of 1.6 km (1 mile) from MHW 
would include the areas most in need of protection from potential 
habitat disruptions such as the construction and placement of 
structures that could alter the nearshore habitat conditions and thus 
affect hatchling egress to open waters from those beaches and nesting 
female transit to and from the nesting beaches.
    The amount and distribution of nearshore reproductive habitat being 
proposed for designation is closely linked to the USFWS terrestrial 
critical habitat designation (78 FR 18000, March 25, 2013). Designation 
of nearshore reproductive habitat off the high density and adjacent 
nesting beaches will conserve Northwest Atlantic Ocean DPS by doing the 
following: (1) Protecting nearshore habitat adjacent to a broad 
distribution of nesting sites; (2) allow for movement between beach 
areas depending on habitat availability (response to changing nature of 
coastal beach habitat) and support genetic interchange; (3) allow for 
an increase in the size of each recovery unit to a level at which the 
threats of genetic, demographic, and normal environmental uncertainties 
are diminished; and (4) maintain their ability to withstand local or 
unit level environmental fluctuations or catastrophes.
    Using the rationale described above, we identified 36 units of 
nearshore reproductive habitat.
    Foraging Habitat: Identification of foraging areas for 
consideration as critical habitat was a challenge, given the wide-
spread nature of foraging

[[Page 43018]]

loggerheads in the Northwest Atlantic Ocean and the lack of clear 
habitat features of foraging areas, as discussed below.
    We describe the PBF of foraging habitat as specific sites on the 
continental shelf or in estuarine waters frequently used by large 
numbers of juveniles or adults as foraging areas.
    The PCEs that support this habitat are the following:
    (1) Sufficient prey availability and quality, such as benthic 
invertebrates, including crabs (spider, rock, lady, hermit, blue, 
horseshoe), mollusks, echinoderms and sea pens; and
    (2) Water temperatures to support loggerhead inhabitance, generally 
above 10[deg] C.
    We identified high use areas throughout the Atlantic Ocean and Gulf 
of Mexico, as these areas likely have habitat features that are 
critical to population recovery. In order to identify high use foraging 
areas, available data on sea turtle distribution were considered. 
Specifically, we evaluated information from aerial and shipboard 
surveys, stable isotope analyses, satellite telemetry studies, and in-
water studies to identify areas of known high use foraging habitat.
    First, aerial survey and, in some cases, shipboard survey 
information obtained from available reports were evaluated for 
loggerhead concentration patterns (Shoop and Kenney 1992; Epperly et 
al. 1995; Keinath 1993; Keinath et al. 1996; Mansfield 2006; TEWG 2009; 
NMFS 2011; NMFSa 2012; Virginia Aquarium 2011a, 2011b, 2012a, 2012b). 
The aerial survey information showed that loggerheads were dispersed 
from inshore waters and across the continental shelf from Massachusetts 
through the Gulf of Mexico. Seasonal differences in distribution were 
apparent.
    Second, we reviewed available stable isotope papers, which can be 
used to identify distinct foraging regions based upon the carbon and 
nitrogen values of the prey (Wallace et al. 2009; Vander Zanden et al. 
2010; Ceriani et al. 2012; Pajuelo et al. 2012a; Pajuelo et al. 2012b). 
The analyses (some of which were combined with satellite telemetry) 
revealed distinct foraging areas, but on a broad scale. That is, the 
Mid- and South Atlantic Bights were recognized as prime foraging areas 
for adult loggerheads, but within these large foraging grounds, finer 
scale feeding areas could not be identified with the available 
methodology. The stable isotope papers corroborated the aerial survey 
information of widespread inhabitance (foraging) in the Atlantic Ocean.
    In order to evaluate more specific foraging areas and the habitat 
features of these high use areas, we then considered satellite 
telemetry data from published and available sources (McClellan and Read 
2007; Hawkes et al. 2007; TEWG 2009; Mansfield et al. 2009; Hawkes et 
al. 2011; Arendt et al. 2012a; Arendt et al. 2012b; Arendt et al. 
2012c; Foley et al. in review; Griffin et al., unpublished data; 
McClellan, unpublished data; NEFSC and Coonamessett Farm Foundation, 
unpublished data; Virginia Aquarium 2011a, 2011b, 2012a, 2012b). This 
analysis resulted in a number of high use areas that were further 
evaluated in consideration of the identified habitat features that 
would dictate such a high use area. High use areas were considered to 
be areas with identified home ranges (Hawkes et al. 2011), kernel 
density utilization distributions (Mansfield 2006; McClellan, 
unpublished data) or a concentration of satellite telemetry points 
(generally, those with 60 or more turtle days in the TEWG satellite 
tracking analysis figures) in a particular area (Mansfield et al. 2009; 
TEWG 2009; Hawkes et al. 2011; Griffin et al., unpublished data).
    There are limited in-water habitat assessments for loggerheads. 
However, in-water loggerhead capture studies were reviewed in order to 
gauge the prevalence of the identified habitat features. Such in-water 
information included regional trawl surveys off South Carolina to 
northern Florida (Arendt et al. 2012d; Arendt et al. 2012f) and long-
term capture studies in North Carolina and Florida (Epperly et al. 
2007; Ehrhart et al. 2007). NMFS fishery bycatch analyses for bottom 
trawl, dredge, and gillnet gear were also evaluated in the event those 
assessments would provide oceanographic correlate information 
associated with turtle interactions, which would then be helpful in 
habitat assessments (Murray 2009; Warden 2011; Murray 2011). For 
example, for commercial trawls, bycatch rates were highest in waters 
<50 m (164 ft) deep and SST >15 [deg]C (59[emsp14][deg]F) and south of 
37[deg] N. lat. (Warden 2011). Observable interaction rates between sea 
turtles and commercial scallop dredges in the Mid-Atlantic were higher 
with warm SST (generally >17[deg] C (62.6[emsp14][deg]F)), depth of 
around 40-60 m (131-197 ft), and without chain mat use (Murray 2011). 
For gillnets, rates were highest in SST >15[deg] C (59[emsp14][deg]F) 
with large mesh gillnets and south of 36[deg] N. lat (Murray 2009). It 
should be noted that these bycatch reports are largely a reflection of 
where fishing effort is occurring (overlapping with high turtle 
distribution) and may not be a true reflection of important loggerhead 
habitat, e.g., there was limited observed bottom trawl effort south of 
Cape Hatteras. To that end, Murray and Orphanides (in press) recently 
evaluated fishery independent and dependent data to identify 
environmental conditions associated with turtle presence and the 
subsequent risk of a bycatch encounter if fishing effort is present. We 
also reviewed this information, finding that fishery-independent 
encounter rates were a function of latitude, SST, depth, and salinity. 
When the model was fit to fishery dependent data (gillnet, bottom 
trawl, and scallop dredge), it found a decreasing trend in encounter 
rates as latitude increases, an increasing trend as SST increases, a 
bimodal relationship between encounter rates and salinity, and higher 
encounter rates in depths between 25 and 50 m (Murray and Orphanides, 
in press).
    The above information supports the widespread nature of loggerhead 
foraging behavior and associated habitat, spread all along the Atlantic 
coast wrapping around to the southwest Florida coast and into the Gulf 
of Mexico. It was difficult to identify habitat features necessary for 
foraging beyond water temperature and sufficient prey availability and 
quality, and these both occur year-round in the Gulf of Mexico and the 
Atlantic coast up to North Carolina, and as far north as Massachusetts 
in the summer. While loggerheads forage in warm waters throughout the 
continental shelf, and there are some known foraging habitats, we found 
no information on specific prey density or quality essential for the 
conservation of loggerheads, which would serve as PCEs that would help 
prioritize foraging area type. Foraging areas are likely populated by 
loggerheads due to abundant or suitable benthic biota, but it is 
possible that there are other environmental cues that may factor into 
loggerhead foraging habitat selection. We considered evaluating 
foraging habitat by substrate type (e.g., hard bottom), but there are 
no quantitative studies that would help identify the required 
concentrations and types of foraging substrate, and all are likely to 
be widespread but patchy throughout the continental shelf. As such, the 
habitat features of the considered high use foraging areas could not be 
differentiated and prioritized compared to neighboring areas or 
identified foraging areas in different regions.
    Given the wide-spread nature of foraging loggerheads in the 
Northwest Atlantic Ocean, and the lack of clear

[[Page 43019]]

habitat features of foraging areas, we were unsuccessful in identifying 
specific high value sites as foraging critical habitat for loggerheads. 
However, in reviewing the literature, we identified numerous sites of 
known foraging habitat. In addition to the entire Mid-Atlantic and 
South Atlantic Bights, and the shelf in the eastern Gulf of Mexico, 
these areas include, but are not limited to, the following:
     Delaware Bay, New Jersey/Delaware (Spotila et al. 1998; 
Stezer 2002; Mansfield 2006; Griffin et al., unpublished data);
     Chesapeake Bay, Virginia (Lutcavage and Musick 1985; 
Keinath et al. 1987; Byles 1988; Mansfield 2006; Seney and Musick 2007; 
Mansfield et al. 2009; Griffin et al., unpublished data);
     Off the Outer Banks of North Carolina (Shoop and Kenney 
1992; McClellan and Read 2007; Mansfield et al. 2009; Hawkes et al. 
2011; Griffin et al., unpublished data);
     Pamlico and Core Sounds, North Carolina (Avens et al. 
2003; Sasso et al. 2007; McClellan 2009; Wallace et al. 2009);
     Shipping channels in the southeast United States, e.g., 
Canaveral Harbor entrance channel, Florida; Fernandina Harbor St. Marys 
River entrance channel (Kings Bay), Florida; Brunswick Harbor ocean bar 
channel, Georgia; Savannah Harbor ocean bar channel, Georgia; 
Charleston Harbor entrance channel, South Carolina (Van Dolah and Maier 
1993; Dickerson et al. 1995; Arendt et al. 2012e);
     Inshore waters of the northern Indian River Lagoon System, 
Florida (north of South Bay, the Banana River, and Mosquito Lagoon; 
Medonca and Ehrhart 1982; Witherington and Ehrhart 1989; Ehrhart et al. 
2007);
     Nearshore waters around Cape Canaveral, Florida (Henwood 
1987; Arendt et al. 2012a);
     Florida Bay, and waters around the Florida Keys (Schroeder 
and Foley, unpublished data);
     Continental shelf waters of southwest Florida (Girard et 
al. 2009; Foley 2012, pers. comm.; Hart et al. 2012);
     St. Joseph Bay, Florida Panhandle (Lamont 2012, pers. 
comm.); and
     Waters around Dry Tortugas (Hart et al. in prep).
    Because we are not proposing any foraging areas for designation, we 
specifically request input from the public as to the importance of 
these areas to foraging, any other areas we may have overlooked, and 
habitat features for foraging areas.
    Winter Habitat: While reviewing foraging habitat for high use 
areas, seasonal differences (e.g., summer vs. winter) were observed. 
Because warm water winter habitat is essential for northern foraging 
ectothermic sea turtles and the availability of preferred habitat 
(water temperature) is confined to specific (southern) areas, we 
decided to highlight this habitat category as an area of particular 
importance for loggerheads.
    We describe the PBF of winter habitat as warm water habitat south 
of Cape Hatteras, North Carolina near the western edge of the Gulf 
Stream used by a high concentration of juveniles and adults during the 
winter months.
    PCEs that support this habitat are the following:
    (1) Water temperatures above 10 [deg]C from November through April;
    (2) Continental shelf waters in proximity to the western boundary 
of the Gulf Stream; and
    (3) Water depths between 20 and 100 m.
    In the consideration of winter habitat, the same data sets as those 
for foraging habitat were evaluated. The same steps were also followed 
as above, but greater emphasis was placed on the satellite telemetry 
data to identify seasonal differences in distribution. While there were 
other high use areas identified, this analysis revealed a consistent 
high use area during the colder months off the coast of North Carolina 
that may be a particularly important area for northern foraging 
loggerheads.
    While loggerheads inhabit and sometimes concentrate in other 
southern areas during the winter (e.g., Florida), the information 
reviewed indicated that the features off North Carolina serve to 
concentrate juvenile and adult loggerheads, especially those foraging 
in northern latitudes. The greatest loggerhead concentration in the 
winter off North Carolina occurs south of Cape Hatteras (in particular 
the area between Cape Lookout and Cape Fear) from November through 
April (Mansfield et al. 2009; Hawkes et al. 2011; Griffin et al., 
unpublished data) in water depths between 20 to 100 m (Hawkes et al. 
2011; McClellan, unpublished data; NEFSC and Coonamessett Farm 
Foundation, unpublished data; Read 2013, pers. comm.). We identified 
this winter habitat area as extending from Cape Hatteras, at the 20-m 
depth contour straight across 35.27[deg] N. lat. to the 100 m (328 ft) 
depth contour, south to Cape Fear at the 20 m (66 ft) depth contour 
(approximately 33.47[deg] N. lat., 77.58[deg] W. long.) extending in a 
diagonal line to the 100 m (328 ft) depth contour (approximately 
33.2[deg] N. lat., 77.32[deg] W. long.). This southern diagonal line 
(in lieu of a straight latitudinal line) was chosen to encompass the 
loggerhead concentration area (observed in satellite telemetry data) 
and identified habitat features, while excluding the less appropriate 
habitat (e.g., nearshore waters at 33.2[deg] N. lat.).
    The designation of critical habitat in southern North Carolina 
during the winter will likely conserve loggerhead sea turtles by (1) 
maintaining the habitat in an area where sea turtles are concentrated 
during a discrete time period and for a distinct group of loggerheads 
(e.g., northern foragers); and (2) allowing for variation in seasonal 
concentrations based on water temperatures and Gulf Stream patterns.
    Breeding Habitat: Concentrated breeding aggregations were 
identified via a review of the literature and expert opinion. We 
determined that such areas are essential to the conservation of the 
species because, as a result of the high concentration of breeding 
individuals, the areas likely represent important established locations 
for breeding activities and the propagation of the species. Although 
there is no clear, distinct boundary for these concentrated breeding 
sites, we chose to constrain the boundaries of the proposed designation 
to what we consider the ``core'' areas where data indicate adult males 
congregate to gain access to receptive females.
    We describe the PBFs of concentrated breeding habitat as sites with 
high concentrations of both male and female adult individuals during 
the breeding season.
    PCEs that support this habitat are the following:
    (1) High concentrations of reproductive male and female 
loggerheads;
    (2) Proximity to primary Florida migratory corridor; and
    (3) Proximity to Florida nesting grounds.
    We identified two primary breeding sites that have been noted in 
the scientific literature as containing large concentrations of 
reproductively active male and female loggerheads in the spring, prior 
to the nesting season. The first is contained within the Southern 
Florida migration corridor from the shore out to the 200 m (656 ft) 
contour along the stretch of the corridor between the Marquesas Keys 
and the Martin County/Palm Beach County line. The second area 
identified as a concentrated breeding site is located in the nearshore 
waters just south of Cape Canaveral, Florida. We attempted to identify 
specific habitat features or boundaries to help delineate the areas to 
be potentially proposed as critical habitat, but as

[[Page 43020]]

described previously, review of the literature and communication with 
the researchers that determined the areas to be concentrated breeding 
sites did not reveal such features. Given a lack of clear ``habitat'' 
features, per se, it appears a reasonable conclusion that the 
importance of the breeding areas is based on concentrations of breeding 
adults which facilitates breeding, and their locations, i.e., proximity 
to prime nesting habitat and the migratory corridor leading to prime 
nesting habitat. The first area is located within the southern Florida 
migratory corridor leading to the prime nesting habitat, and the second 
area is central to the prime nesting habitat along the east coast of 
Florida and at the northern end of the migratory corridor.
    The designation of critical habitat in the two Florida breeding 
areas will help conserve loggerhead sea turtles by maintaining the 
habitat in a documented high use area for behavior essential to the 
propagation of the species.
    Migratory Habitat: Migratory habitat, particularly well-defined, 
high-use corridors (e.g., continental shelf and land), is essential to 
the conservation of loggerheads. Further, corridors that are 
constricted in width are more vulnerable to perturbations than other 
migratory areas, and may be considered in particular need of 
protection. Such constricted, high use corridors are used for traveling 
from nesting, breeding, and foraging sites by both juvenile and adult 
loggerheads. The corridors provide the function of a relatively safe, 
efficient route for a large proportion of the population to move 
between areas that are vital to the species for foraging and 
reproduction. Thus, we focus our proposed designation of migratory 
habitat on this type of corridor.
    We describe the PBF of constricted migratory habitat as high use 
migratory corridors that are constricted (limited in width) by land on 
one side and the edge of the continental shelf and Gulf Stream on the 
other side.
    PCEs that support this habitat are the following:
    (1) Constricted continental shelf area relative to nearby 
continental shelf waters that concentrate migratory pathways; and
    (2) Passage conditions to allow for migration to and from nesting, 
breeding, and/or foraging areas.
    Satellite telemetry information, in-water studies, and available 
mid-Atlantic fishery bycatch assessments showed the majority of neritic 
stage loggerhead migratory tracks to be on the continental shelf, with 
two defined shelf constriction areas off North Carolina and Florida 
(McClellan and Read 2007; Hawkes et al. 2007; Mansfield et al. 2009; 
Murray 2009; TEWG 2009; Hawkes et al. 2011; Warden 2011; Arendt et al. 
2012b; Arendt et al. 2012c; Ceriani et al. 2012; Griffin et al., 
unpublished data; NEFSC and Coonamessett Farm Foundation, unpublished 
data; Virginia Aquarium 2011a, 2011b, 2012a, 2012b, Murray and 
Orphanides, in press, Foley et al. in review). The constricted shelf 
waters off North Carolina and southern Florida were identified as high 
use (Murray 2009; Warden 2011; Foley et al. in review; Murray and 
Orphanides in press). This information included both neritic stage 
juveniles and adults from multiple Recovery Units, and also provided 
details on seasonality of loggerhead movements and behavior on either 
end of the migratory area (e.g., foraging, breeding, and nesting 
areas).
    Next, features that constricted the width of these corridors were 
examined. While the shelf width off southern Florida (typically 3-4 km 
off Palm Beach and Miami-Dade Counties) (Banks et al. 2008) is narrower 
than the shelf width off North Carolina (approximately 30 km around 
Cape Hatteras) (Townsend et al. 2004), both areas are constricted 
relative to the shelf width of adjacent areas. The constricted shelf 
waters off southern Florida and Cape Hatteras are also associated with 
near-land contact by the Gulf Stream (Putman et al. 2010). This results 
in the available neritic habitat being more narrowly confined in these 
areas. The location of the Gulf Stream was also assessed as currents 
may be a factor in guiding sea turtle migrations and distribution.
    The loggerhead migratory corridor off North Carolina serves as a 
concentrated migratory pathway for loggerheads transiting to neritic 
foraging areas in the north, and back to winter, foraging, and/or 
nesting areas in the south. The majority of loggerheads will pass 
through this migratory corridor in the spring (April to June) and fall 
(September to November), but loggerheads are also present in this area 
from April through November and, given variations in water temperatures 
and individual turtle migration patterns, these time periods are 
variable.
    The migratory corridor from the Marquesas Keys to the Cape 
Canaveral area is the only identified corridor south of the North 
Carolina corridor. This corridor stretches along the Florida coast from 
the westernmost edge of the Marquesas Keys (82.17[deg] W. long.) to the 
tip of Cape Canaveral (28.46[deg] N. lat.). The northern border 
stretches from shore to the 30-m contour line. The seaward border then 
stretches from the northeastern-most corner to the intersection of the 
200-m contour line and 27[deg] N. lat. parallel. The seaward border 
then follows the 200-m contour line to the westernmost edge at the 
Marquesas Keys. Adult male and female turtles use this corridor to move 
from foraging sites to the nesting beach or breeding sites from March 
to May, and then use this corridor to move from the nesting beach or 
breeding sites to foraging sites from August to October, while 
juveniles and adults use it to move south during fall migrations to 
warmer waters (Mansfield 2006; Mansfield et al. 2009; Arendt et al. 
2012b; Foley et al. in review).
    The designation of critical habitat in the North Carolina and 
southern Florida migratory corridors will help conserve loggerhead sea 
turtles by (1) preserving passage conditions to and from important 
nesting, breeding, and foraging areas; and (2) protecting the habitat 
in a narrowly confined area of the continental shelf with documented 
high use by loggerheads.
    Sargassum Habitat: Sargassum habitat occurs in both the neritic and 
oceanic environment. The conservation of loggerhead sea turtles, in 
particular the post-hatchling and small oceanic juvenile stages, is 
dependent upon suitable foraging and shelter habitat, both of which are 
provided by Sargassum in the Atlantic Ocean and Gulf of Mexico 
(Witherington et al. 2012). Sargassum habitat refers to the overarching 
habitat type that contains multiple life stages (e.g., post-hatchling, 
juvenile) and behavior categories (e.g., foraging and shelter) of 
loggerheads, as well as ecosystem zones (e.g., neritic and oceanic).
    We describe the PBF of loggerhead Sargassum habitat as 
developmental and foraging habitat for young loggerheads where surface 
waters form accumulations of floating material, especially Sargassum.
    PCEs that support this habitat are the following:
    (1) Convergence zones, surface-water downwelling areas, and other 
locations where there are concentrated components of the Sargassum 
community in water temperatures suitable for the optimal growth of 
Sargassum and inhabitance of loggerheads;
    (2) Sargassum in concentrations that support adequate prey 
abundance and cover;
    (3) Available prey and other material associated with Sargassum 
habitat including, but not limited to, plants and cyanobacteria and 
animals endemic to

[[Page 43021]]

the Sargassum community such as hydroids and copepods; and
    (4) Sufficient water depth and proximity to available currents to 
ensure offshore transport, and foraging and cover requirements by 
Sargassum for post-hatchling loggerheads, i.e., >10 m depth to ensure 
not in surf zone.
    Witherington et al. (2012) found that the presence of floating 
Sargassum itself, irrespective of other detectable surface features, 
defined habitat used by juvenile sea turtles. However, it is difficult 
to identify specific areas where these weedlines are likely to form 
consistently because Sargassum habitat is widespread and dynamic, and 
dependent upon varying oceanic currents. In the Atlantic Ocean, most 
pelagic Sargassum circulates between 20[deg] N. and 40[deg] N. lat., 
and 30[deg] W. long. and the western edge of the Florida Current/Gulf 
Stream (SAFMC 2002). Given the available information on Sargassum and 
loggerhead distribution, we consider Sargassum habitat essential for 
the conservation of loggerhead turtles to occur south of 40[deg] N. 
lat. throughout the Atlantic Ocean and Gulf of Mexico U.S. EEZ because 
this is where the processes supporting dynamic Sargassum habitat, and 
the essential features of that habitat, occur.
    Sargassum generally circulates more in offshore waters; however, it 
can occur close to shore, generally deeper than the 10-m depth contour 
(Witherington, 2012, pers. comm.). While Sargassum may extend all the 
way to land, the value of Sargassum habitat to loggerhead turtles in 
the tidal range is debatable. The Sargassum found farther offshore 
contains concentrated features of this habitat important to loggerhead 
turtles (e.g., forage, cover, dispersal aid). As such, we considered 
the 10-m depth contour as the shoreward boundary of Sargassum habitat 
to represent the features essential to the conservation of loggerhead 
turtles.
    Given the broad range of Sargassum in the Northwest Atlantic Ocean, 
we were unsuccessful in identifying specific sites as Sargassum 
critical habitat for loggerheads. Instead, we found virtually the 
entire range of Sargassum habitat within the U.S. EEZ essential to 
loggerhead posthatchlings and juveniles, although we cannot identify 
where it will occur at any point in time because Sargassum habitat is 
dynamic and the habitat features are not present at all times 
throughout the area.
    We note that some conservation measures are currently in place to 
protect Sargassum habitat. Essential Fish Habitat has been designated 
in the Gulf of Mexico and the Atlantic under the Magnuson-Stevens 
Fishery Conservation and Management Act. There is also a Fishery 
Management Plan for Pelagic Sargassum Habitat that regulates the 
harvest of Sargassum. However, we also note that these measures do not 
provide the same protections as critical habitat.
    Given the importance of Sargassum habitat to loggerhead turtles, we 
are specifically seeking comment on the proposed inclusion in the final 
rule of Sargassum critical habitat as U.S. waters south of 40[deg] N. 
lat. in the Atlantic Ocean and Gulf of Mexico from the 10-m depth 
contour to the outer boundary of the EEZ. For purposes of description, 
we decided to separate the large geographical area of Sargassum habitat 
into two large contiguous areas, the Gulf of Mexico and the U.S. 
Atlantic Ocean, although the boundaries and extent of Sargassum habitat 
could be described differently if we were provided with information 
that enabled us to do so. If this area is included in the final rule, 
we would include in the final rule the following specific unit 
descriptions for Sargassum habitat (or some portion thereof, if we were 
able to identify a more limited area where Sargassum habitat is likely 
to occur):
    LOGG-S-1--Atlantic Ocean Sargassum: U.S. waters south of 40[deg] N. 
lat. in the Atlantic Ocean to the beginning of the Gulf of Mexico (the 
Gulf of Mexico/Atlantic Ocean divides begins at the intersection of the 
outer boundary of the U.S. EEZ and 83[deg] W. long., and proceeds 
northward along that meridian to 24.58[deg] N. lat. (near the Dry 
Tortugas Islands)) from the 10-m depth contour to the outer boundary of 
the EEZ.
    LOGG-S-2--Gulf of Mexico Sargassum: U.S. waters in the Gulf of 
Mexico to the beginning of the Atlantic Ocean (the Gulf of Mexico/
Atlantic Ocean divide begins at the intersection of the outer boundary 
of the U.S. EEZ and 83 [deg]W. long., and proceeds northward along that 
meridian to 24.58[deg] N. lat. (near the Dry Tortugas Islands)) from 
the 10-m depth contour to the outer boundary of the EEZ.
    We would also include in the final rule the following as the 
relevant ``physical or biological features essential for 
conservation'':
    Sargassum Habitat. Sargassum habitat occurs in both the neritic and 
oceanic environment. We describe the PBFs of loggerhead Sargassum 
habitat as developmental and foraging habitat for young loggerheads 
where surface waters form accumulations of floating material, 
especially Sargassum. PCEs that support this habitat are the following:
    (1) Convergence zones, surface-water downwelling areas, and other 
locations where there are concentrated components of the Sargassum 
community in water temperatures suitable for the optimal growth of 
Sargassum and inhabitance of loggerheads;
    (2) Sargassum in concentrations that support adequate prey 
abundance and cover; and
    (3) Available prey and other material associated with Sargassum 
habitat such as, but not limited to, plants and cyanobacteria and 
animals endemic to the Sargassum community such as hydroids and 
copepods.
    Finally, we would include in the final rule the following overview 
map for general guidance regarding the location of Sargassum critical 
habitat.
BILLING CODE 3510-22-P

[[Page 43022]]

[GRAPHIC] [TIFF OMITTED] TP18JY13.000

    We specifically seek comment on the proposed inclusion of Sargassum 
habitat as critical habitat in the final rule, as well as the proposed 
regulatory text for the specific unit descriptions, the physical or 
biological features essential for conservation, and the overview map.
    Because we recognize that this covers a great deal of area, we're 
also seeking comment from the public on areas that more frequently 
encompass convergence zones, surface-water downwelling areas and/or 
other locations where concentrated components of the Sargassum 
community are likely to be found in the Atlantic Ocean and Gulf of 
Mexico in order to delimit more accurately and precisely potential 
Sargassum critical habitat. This may include information on times of 
year loggerheads are most likely to co-occur with Sargassum habitat.
    Although consideration of effects to this habitat will be most 
concerned with impacts to the Sargassum itself, such as large scale 
directed take or large scale pollutants (such as would occur in an oil 
spill, or large scale disposal or accidental release of trash, wastes 
and toxic substances), we recognize that the inclusion of Sargassum 
habitat would increase the regulatory burden on Federal agencies and 
that the dynamic nature of the habitat presents inherent uncertainties 
and rather novel issues not presented in previous designations by NMFS. 
Thus, we're also seeking information on potential impacts of 
designation of Sargassum habitat, including the conservation benefits 
and economic and other costs, that may have been overlooked in this 
proposed rule.
    The designation of Sargassum critical habitat would help conserve 
loggerhead sea turtles by (1) providing for essential forage, cover, 
and transport habitat for a particularly vulnerable life stage (e.g., 
post-hatchlings); and (2) ensuring habitat longevity for a habitat type 
that is important to multiple life stages and not able to be easily 
replicated.
    Oceanic Habitat. We describe oceanic habitat as waters that are 200 
m (656 ft) or greater in depth. Aside from Sargassum habitat noted 
above, we did not identify any additional PBFs of oceanic habitat 
essential to conservation of the species within the Northwest Atlantic 
Ocean DPS. While loggerheads occur in oceanic waters within the U.S. 
EEZ and use the Gulf Stream and Florida Loop Current as important 
dispersal features to access the developmental habitat of the ocean 
gyres, we could find no specific habitat features that were essential 
to the conservation of the species within this area other than 
Sargassum.

North Pacific Ocean DPS

    Within the range of the North Pacific Ocean DPS, neither neritic 
nor Sargassum habitat are used by loggerheads within U.S. jurisdiction;

[[Page 43023]]

therefore, no PBFs were identified for these habitat types. PBFs (and 
PCEs) were identified for Oceanic Habitat only. Although the Central 
North Pacific and the Eastern Pacific/U.S. West Coast share the PBFs, 
they have different accompanying PCEs.
    Central North Pacific Ocean: We describe the essential PBFs of 
loggerhead sea turtle oceanic habitat in the central North Pacific 
Ocean as waters that support suitable conditions in sufficient quantity 
and frequency to provide meaningful foraging, development, and/or 
transiting opportunities to the population in the North Pacific Ocean.
    PCEs in the central North Pacific Ocean that support this habitat 
include the following:
    (1) Currents and circulation patterns of the North Pacific Ocean 
(KEBR, and the southern edge of the KEC characterized by the Transition 
Zone Chlorophyll Front) where physical and biological oceanography 
combine to promote high productivity (chlorophyll a = 0.11-0.31 mg/
m\3\) and sufficient prey quality (energy density >= 11.2 kJ/g) of 
species; and
    (2) Appropriate SSTs (14.45[deg] to 19.95[deg] C (58.01[deg] to 
67.91[emsp14][deg]F)), primarily concentrated at the 17[deg] to 18[deg] 
C (63[deg] to 64[emsp14][deg]F) isotherm.
    Loggerhead foraging and developmental habitat in the North Pacific 
Ocean occurs between 28[deg] N. and 40[deg] N. lat. (Polovina et al. 
2004) in water with SST of 14.45[deg] C to 19.95[deg] C 
(58.01[emsp14][deg]F to 67.91[emsp14][deg]F) (Kobayashi et al. 2008), 
but is highly correlated at the 17/18[deg] C (63/64[deg] F) isotherm 
(Howell et al. 2008). Kobayashi (2012c; NMFS Pacific Islands Fisheries 
Science Center (PIFSC), unpublished data) estimated the proportion of 
the habitat available to loggerheads that occurs in the U.S. EEZ around 
Hawaii while taking into account seasonal and interannual variability, 
and found a maximum of 4.2 percent of potential loggerhead habitat 
within the U.S. EEZ. Kobayashi further examined the seasonal 
variability of the broader range of SST (14.45[deg] C to 19.95[deg] C). 
His analysis showed that this range of SST does not exist within the 
U.S. EEZ from July through November, therefore further limiting 
suitable loggerhead habitat within the U.S. EEZ around Hawaii to a 
portion of the year.
    Limited data exist to characterize westward migratory routes or 
habitat of adults traveling back to Japan where they will breed and 
nest. Of 48 loggerhead turtles fitted with satellite transmitters 
deployed by the Grupo Tortuguero Proyecto Caguama project at foraging 
areas in Baja California Sur, Mexico, three (two adults, 1 subadult) 
transited through the U.S. EEZ around Hawaii (Peckham et al. 2011; 
Peckham 2012, pers. comm). NOAA PIFSC Marine Turtle Research Program 
stranding data indicate that since 1982 only two loggerheads have been 
recorded as stranded in the Hawaiian Islands, which may suggest low use 
of U.S. EEZ waters.
    Despite historical population decline and nesting trend variability 
(Kamezaki et al. 2003; Conant et al. 2009; Van Houtan and Halley 2011), 
loggerheads appear to have remained widely distributed and continue to 
occupy most, if not all, of their historical range in the central North 
Pacific Ocean. Accordingly, those oceanic areas within loggerhead range 
that are infrequently used generally do not provide the significant 
function that they might for a species with a constricted range. The 
potential loggerhead habitat occurring in the U.S. EEZ around Hawaii 
represents between 0.68 percent and 4.2 percent of the total habitat in 
the central portion of the Pacific Ocean. This habitat represents a 
small percentage of suitable habitat, and the variables that make it 
suitable only occur within the U.S. EEZ around Hawaii a portion of the 
year in spite of loggerheads using areas north of it throughout the 
year.
    Given the information presented above, we conclude that the habitat 
within the U.S. EEZ of the central North Pacific Ocean does not provide 
meaningful foraging, development, and/or transiting opportunities to 
the North Pacific Ocean DPS, and therefore does not contain PBFs 
described in the previous section.
    Eastern Pacific/U.S. West Coast: We describe the essential PBFs of 
loggerhead sea turtle oceanic habitat in the eastern North Pacific 
Ocean as waters that support suitable conditions in sufficient quantity 
and frequency to provide meaningful foraging, development, and/or 
transiting opportunities to the population in the North Pacific Ocean.
    PCEs in the eastern North Pacific Ocean that support this habitat 
include the following:
    (1) Sites that support meaningful aggregations of foraging 
juveniles; and
    (2) Sufficient prey densities of neustonic and oceanic organisms.
    Given that so few loggerheads have been found off the coasts of 
Alaska (two since 1960), Oregon and Washington (nine since 1958), and 
California north of Point Conception (four of 32 off the coast of 
California since 1990), the only area considered for designation of 
critical habitat off the U.S. west coast is the area in southern 
California from Point Conception south to the U.S.-Mexico border (also 
referred to as the Southern California Bight).
    Based on interactions with the California drift gillnet fishery and 
stranding records, recorded observations in the Southern California 
Bight are generally rare events, with 16 loggerheads taken in 4,165 
observed sets from 1990-2010 (Allen et al. 2013) and 28 loggerheads 
observed stranded from 1990 to 2012 (average ~1.3 loggerheads/year). In 
contrast, waters off the Pacific coast of Baja California, and 
particularly within the shelf waters of Ulloa Bay, are highly 
productive. Loggerheads have been documented in the thousands in this 
area (Pitman 1990; Seminoff et al. 2006), and their occurrence is 
strongly associated with the red crab, which has often occurred in such 
numbers as to ``turn the ocean red'' (Pitman 1990).
    Due to the rarity of the presence of loggerheads and their prey 
both historically and currently in waters off the U.S. west coast, U.S. 
waters in the eastern Pacific Ocean do not provide meaningful foraging, 
development, and/or transiting opportunities to the loggerhead 
population in the North Pacific Ocean DPS, and therefore do not contain 
the PBFs described in the previous section.

Special Management Considerations

    An occupied area may be designated as critical habitat if it 
contains one or more of the PBFs essential to conservation, and if such 
features ``may require special management considerations or 
protection'' (16 U.S.C. 1532(5)(a)(i)(II)). Joint NMFS and USFWS 
regulations (50 CFR 424.02(j)) define ``special management 
considerations or protection'' to mean ``any methods or procedures 
useful in protecting PBFs of the environment for the conservation of 
listed species.'' NMFS determined that the PBFs identified earlier may 
require special management considerations due to a number of factors 
that may affect them. These factors include activities, structures, or 
other byproducts of human activities. The list below is not necessarily 
inclusive of all factors.
    Major categories of factors, by habitat type, follow. All of these 
may have an effect on one or more PBF or PCE within the range of the 
Northwest Atlantic Ocean DPS and may require special management 
considerations as described below.

Northwest Atlantic Ocean DPS

    Terrestrial: The USFWS has addressed special management 
considerations for terrestrial units in their proposed rule.

[[Page 43024]]

    Neritic: Neritic habitat consists of nearshore reproductive, 
winter, breeding, and constricted migratory habitat.
    Nearshore Reproductive Habitat: The primary impact to the PBFs and 
PCEs of the nearshore reproductive habitat (habitat from MHW to 1.6 km 
(1 mile) offshore of high density nesting beaches and adjacent beaches) 
for loggerhead sea turtles would be from activities that result in a 
loss of habitat conditions that allow for (a) hatchling egress from the 
water's edge to open water; and (b) nesting female transit back and 
forth between the open water and the nesting beach during nesting 
season. The loss of such habitat conditions could come from, but is not 
limited to, the following sources:
    Offshore structures including, but not limited to, breakwaters, 
groins, jetties, and artificial reefs, that block or otherwise impede 
efficient passage of hatchlings or females and/or which concentrate 
hatchling predators and thus result in greater predation on hatchlings;
    (1) Lights on land or in the water, which can disorient hatchlings 
and nesting females and/or attract predators, particularly lighting 
that's permanent or present for long durations and has a short wave 
length (below 540nm);
    (2) Oil spills and response, that affect habitat conditions for 
efficient passage of hatchlings or females;
    (3) Alternative offshore energy development (turbines) that affects 
habitat conditions for efficient passage of hatchlings or females;
    (4) Fishing gear that blocks or impedes efficient passage of 
hatchlings or females; and
    (5) Dredging and disposal activities that affect habitat conditions 
for efficient passage of hatchlings or females by creating barriers or 
dramatically altering the slope of the beach approach.
    Winter Habitat: The PBF, water temperature PCE, and Gulf Stream 
boundary PCE of the winter habitat for loggerhead sea turtles may be 
affected through the following:
    (1) Large-scale water temperature changes resulting from global 
climate change; and
    (2) Shifts in the patterns of the Gulf Stream resulting from 
climate change.
    While unlikely to be affected to a significant extent by human 
activities, the water depth PCE (20-100 m) could potentially be 
affected by extensive dredging or sediment disposal activities.
    Breeding Habitat: The PBF of a concentrated breeding habitat and 
the associated PCE of high concentrations of reproductive male and 
female loggerheads (which facilitates breeding for individuals 
migrating to that area) could be affected by the following activities:
    (1) Fishing activities that disrupt use of habitat and thus affect 
concentrations of reproductive loggerheads;
    (2) Dredging and disposal of sediments that affect concentrations 
of reproductive loggerheads;
    (3) Oil spills and response that affect concentrations of 
reproductive loggerheads;
    (4) Alternative offshore energy development (turbines) that affect 
concentrations of reproductive loggerheads; and
    (5) Climate change, which can affect currents and water 
temperatures and affect concentrations of reproductive loggerheads.
    Constricted Migratory Habitat: The primary impact to the 
functionality of the identified corridors as migratory routes for 
loggerhead sea turtles would be a loss of passage conditions that allow 
for the free and efficient migration along the corridor. The loss of 
these passage conditions could come from large-scale and or multiple 
construction projects that result in the placement of substantial 
structures along the path of the migration, or other similar habitat 
alterations, requiring large-scale deviations in the migration 
movements. This impact is expected to be much more likely, and have a 
greater impact, in the most constricted areas of the migratory routes. 
Other activities are less likely to result in an impact to the PCEs but 
are still considered below.
    (1) Oil and gas activities, such as construction and removal of 
platforms, lighting and noise that alter habitat conditions needed for 
efficient passage;
    (2) Power generation activities such as turbines, wind farms, 
conversion of wave or tidal energy into power that result in altered 
habitat conditions needed for efficient passage;
    (3) Dredging and disposal of sediments that results in altered 
habitat conditions needed for efficient passage;
    (4) Channel blasting, including use of explosives to remove 
existing bridge or piling structures or to deepen navigation channels, 
that results in altered habitat conditions needed for efficient 
passage;
    (5) Marina and dock/pier development that results in altered 
habitat conditions needed for efficient passage;
    (6) Offshore breakwaters that result in altered habitat conditions 
needed for efficient passage;
    (7) Aquaculture structures such as net pens and fixed structures 
and artificial lighting that result in altered habitat conditions 
needed for efficient passage;
    (8) Fishing activities, particularly those using fixed gear (pots, 
pound nets), that, when arranged closely together over a wide 
geographic area, result in altered habitat conditions needed for 
efficient passage; and
    (9) Noise pollution from construction, shipping and/or military 
activities that results in altered habitat conditions needed for 
efficient passage.
    Sargassum Habitat: The PBF of developmental and foraging habitat in 
accumulations of floating materials, especially Sargassum, and its 
associated PCEs of convergence zones and other areas of concentration, 
adequate concentrations of Sargassum to support abundant prey and 
cover, and the existence of the community of flora and fauna typically 
associated with Sargassum habitat can all be impacted by the following 
activities which may require special management:
    (1) Commercial harvest of Sargassum, which would directly decrease 
the amount of habitat;
    (2) Oil and gas exploration, development, and transportation that 
affects the Sargassum habitat itself and the loggerhead prey items 
found within this habitat--this could occur both in the process of 
normal operations and during blowouts and oil spills, which release 
toxic hydrocarbons and also require other toxic chemicals for cleanup;
    (3) Vessel operations that result in the routine disposal of trash 
and wastes and/or the accidental release or spillage of cargo, trash or 
toxic substances, and/or result in the transfer and introduction of 
exotic and harmful organisms through ballast water discharge, which may 
then impact the loggerhead prey species found in Sargassum habitat;
    (4) Ocean dumping of anthropogenic debris and toxins that affects 
the Sargassum habitat itself and the loggerhead prey items found within 
this habitat; and
    (5) Global climate change, which can alter the conditions (such as 
currents and other oceanographic features and temperature) that allow 
Sargassum habitat and communities to thrive in abundance and locations 
suitable for loggerhead developmental habitat.

North Pacific Ocean DPS

    NMFS did not identify any specific areas within the U.S. EEZ in the 
North Pacific Ocean that contain PBFs essential to the conservation of 
the North Pacific Ocean DPS; therefore, we did not analyze special 
management considerations.

[[Page 43025]]

Proposed Determinations and Critical Habitat Designation

Northwest Atlantic Ocean DPS

    After reviewing the best available scientific information, we 
conclude that certain specific areas meet the definition of critical 
habitat for the Northwest Atlantic Ocean DPS, that a critical habitat 
designation is prudent, and that critical habitat is determinable. Per 
our joint regulations with USFWS, a designation is prudent because 
neither of the situations enumerated in 50 CFR 424.12(a)(1) exists 
here. Specifically, we find that a designation is not expected to 
increase the degree of threats to the species and will be beneficial to 
the species. Further, although NMFS and USFWS jointly determined at the 
time of the final listing rule in September 2011 (76 FR 58868) that 
habitat was not then determinable (per 16 U.S.C. 1533(b)(6)(C)(ii)), we 
find now, after review of the best available scientific information, 
that critical habitat for the Northwest Atlantic Ocean DPS is 
determinable because neither of the situations described in 50 CFR 
424.12(a)(2) exists here.
    When identifying proposed critical habitat, we do not include Naval 
Air Station Key West in accordance with section 4(a)(3) of the ESA 
because its INRMP provides benefits to the loggerhead sea turtle. We 
also do not include existing (already constructed) federally authorized 
or permitted man-made structures such as aids-to-navigation, boat 
ramps, platforms, docks, and pilings within the boundaries of critical 
habitat. Man-made structures in the context of this regulation refers 
to actually constructed materials or structures placed in, over, or 
near the water that are not used by loggerhead sea turtles as habitat. 
Because these structures are not useable as habitat, they are not 
essential to the conservation of the species and therefore do not 
constitute critical habitat. We do not refer to human altered elements 
of the habitat such as navigation channels or disposal areas. Such 
altered habitat would not be excluded. If the critical habitat is 
finalized as proposed, a Federal action involving excluded structures 
would not trigger section 7 consultation to examine effects to critical 
habitat and the duty to avoid destruction or adverse modification of 
designated critical habitat, unless the specific action would affect 
the physical or biological features in the adjacent critical habitat. 
We seek public comment on the exclusion of these structures and whether 
our exclusion should be expanded or narrowed in any way, including 
information on whether loggerhead sea turtles use such structures as 
habitat. The critical habitat areas described below constitute our best 
assessment at this time of areas that meet the definition of critical 
habitat in the marine environment for the Northwest Atlantic Ocean DPS 
of the loggerhead sea turtle.
    The critical habitat areas described below constitute our best 
assessment at this time of areas that meet the definition of critical 
habitat in the marine environment for the Northwest Atlantic Ocean DPS 
of the loggerhead sea turtle.
    Neritic Habitat: Neritic habitat includes nearshore reproductive 
habitat, foraging habitat, winter habitat, breeding habitat, and 
constricted migratory habitat. Nearshore reproductive habitat units are 
those directed at conserving hatchling swim frenzy and internesting 
turtle habitat directly off high density nesting beaches and beaches 
adjacent to them, as defined by USFWS in their proposed rule to 
designate critical habitat for the loggerhead sea turtle (78 FR 18000; 
March 25, 2013). Generally, the units include nearshore areas extending 
directly seaward from the coast 1.6 km from each end of the unit (in 
cases of long, straight beaches, such as many of those found along 
Florida's east coast). In the cases of beaches along islands or that 
wrap around into an inlet, we took the furthest point from the far end 
of the unit and extended out seaward. Where beaches are adjacent and 
within 1.6 km of each other, nearshore areas are connected, either 
along the shoreline or by delineating on GIS a straight line from the 
end of one beach to the beginning of another (either from island to 
island or across an inlet or the mouth of an estuary). Although 
generally following these rules, the exact delineation of each unit was 
determined individually because each was unique.
    Specific unit descriptions are as follows. Some units combine two 
or more habitat types identified.
    LOGG-N-1--North Carolina Constricted Migratory Corridor and 
Northern Portion of the North Carolina Winter Concentration Area: This 
unit contains constricted migratory and winter habitat. The unit 
includes the North Carolina constricted migratory corridor and the 
overlapping northern half of the North Carolina winter concentration 
area. We defined the constricted migratory corridor off North Carolina 
as the waters between 36[deg] N. lat. and Cape Lookout (approximately 
34.58[deg] N) and from the shoreline (MHW) of the Outer Banks, North 
Carolina, barrier islands to the 200-m depth contour (continental 
shelf).
    The constricted migratory corridor overlaps with the northern 
portion of winter concentration area off North Carolina. The western 
and eastern boundaries of winter habitat are the 20-m and 100-m 
contours, respectively. The northern boundary of winter habitat starts 
at Cape Hatteras (35[deg]16' N) in a straight latitudinal line between 
the 20- and 100-m depth contours and ends at Cape Lookout 
(approximately 34.58[deg] N).
    LOGG-N-2--Southern Portion of the North Carolina Winter 
Concentration Area: This unit contains winter habitat only. The 
boundaries include waters between the 20- and 100-m depth contours 
between Cape Lookout and Cape Fear. The western and eastern boundaries 
of winter habitat are the 20-m and 100-m depth contours, respectively. 
The northern boundary is Cape Lookout (approximately 34.58[deg] N). The 
southern boundary is a 37.5-km line that extends from the 20-m depth 
contour at approximately 33.47[deg] N, 77.58[deg] W (off Cape Fear) to 
the 100-m depth contour at approximately 33.2[deg] N, 77.32[deg] W.
    LOGG-N-3--Bogue Banks and Bear Island, Carteret and Onslow 
Counties, NC: This unit contains nearshore reproductive habitat only. 
The unit consists of nearshore area from Beaufort Inlet to Bear Inlet 
(crossing Bogue Inlet) from the MHW line seaward 1.6 km. This unit 
contains an area adjacent to high density nearshore reproductive 
habitat (Beaufort Inlet to Bogue Inlet) as well as an area of high 
density nearshore reproductive habitat (Bogue Inlet to Bear Inlet).
    LOGG-N-4--Onslow Beach (Marine Corps Base Camp Lejeune), Topsail 
Island and Lea-Huttaf Islands, Onslow and Pender Counties, NC: This 
unit contains nearshore reproductive habitat only. The unit consists of 
nearshore area from Browns Inlet to Rich Inlet (crossing New River 
Inlet and New Topsail Inlet) from the MHW line seaward 1.6 km. This 
unit contains areas of high density nearshore reproductive habitat 
(Topsail Island) as well as areas adjacent to high density nearshore 
reproductive habitat (Onslow Beach and Lea-Hutaff Island).
    LOGG-N-5--Pleasure Island, Bald Head Island, Oak Island, and Holden 
Beach, New Hanover and Brunswick Counties, NC: This unit contains 
nearshore reproductive habitat only. The unit consists of nearshore 
areas from Carolina Beach Inlet around Cape Fear to Shallotte Inlet 
(crossing the mouths of the Cape Fear River and Lockwoods Folly Inlet) 
from the MHW line seaward 1.6 km. This unit contains areas adjacent to 
high density nearshore

[[Page 43026]]

reproductive habitat (Pleasure Island and Holden Beach) and high 
density nearshore reproductive habitat (Bald Head Island and Oak 
Island) of loggerhead sea turtles in North Carolina.
    LOGG-N-6--North, Sand, South and Cedar Islands, Georgetown County, 
SC; Murphy, Cape and Lighthouse Islands and Racoon Key, Charleston 
County, SC: This unit contains nearshore reproductive habitat only. The 
unit consists of nearshore area from North Inlet to Five Fathom Creek 
Inlet (crossing Winyah Bay, North Santee Inlet, South Santee Inlet, 
Cape Romain Inlet, and Key Inlet) from the MHW line seaward 1.6 km. 
This unit contains areas adjacent to high density nearshore 
reproductive habitat (North, Cedar and Murphy Islands and Raccoon Key) 
and high density nearshore reproductive habitat (Sand, South, Cape and 
Lighthouse Islands) of loggerhead sea turtles in South Carolina.
    LOGG-N-7--Folly, Kiawah, Seabrook, Botany Bay Islands, Botany Bay 
Plantation, Interlude Beach and Edingsville Beach, Charleston County, 
SC; Edisto Beach State Park, Edisto Beach, and Pine and Otter Islands, 
Colleton County, SC: This unit contains nearshore reproductive habitat 
only. The unit consists of nearshore area from Lighthouse Inlet to 
Saint Helena Sound (crossing Folly River, Stono, Captain Sam's, North 
Edisto, Frampton, Jeremy, South Edisto and Fish Creek Inlets) from the 
MHW line seaward 1.6 km. This unit contains areas adjacent to high 
density nearshore reproductive habitat (Folly and Seabrook Islands, 
Interlude Beach, Edisto Beach, and Pine Island) and high density 
nearshore reproductive habitat (Kiawah and Botany Bay Islands, Botany 
Bay Plantation, Edingsville Beach, Edisto Beach State Park, and Otter 
Island) of loggerhead sea turtles in South Carolina.
    LOGG-N-8--Harbor Island, Beaufort County, SC: This unit contains 
nearshore reproductive habitat only. The unit consists of nearshore 
area from Harbor Inlet to Johnson Inlet from the MHW line seaward 1.6 
km. This unit is adjacent to high density nearshore reproductive 
habitat by loggerhead sea turtles in South Carolina.
    LOGG-N-9--Little Capers, St. Phillips and Bay Point Islands, 
Beaufort County, SC: This unit contains nearshore reproductive habitat 
only. The unit consists of nearshore area from Pritchards Inlet to Port 
Royal Sound (crossing Trenchards Inlet and Morse Island Creek Inlet 
East) from the MHW line seaward 1.6 km. This unit consists of areas 
adjacent to high density nearshore reproductive habitat (Little Capers 
and Bay Point Islands) and high density nearshore reproductive habitat 
(St. Phillips Island) of loggerhead sea turtles in South Carolina.
    LOGG-N-10--Little Tybee Island, Chatham County, GA: This unit 
contains nearshore reproductive habitat only. The boundaries of this 
unit are from Tybee Creek Inlet to Wassaw Sound from the MHW line 
seaward 1.6 km. This unit is adjacent to high density nearshore 
reproductive habitat of loggerhead sea turtles in Georgia.
    LOGG-N-11--Wassaw Island, Chatham County, GA: This unit contains 
nearshore reproductive habitat only. The boundaries of the unit are 
from Wassaw Sound to Ossabaw Sound from the MHW line seaward 1.6 km. 
This unit contains high density nearshore reproductive habitat of 
loggerhead sea turtles in Georgia.
    LOGG-N-12--Ossabaw Island, Chatham County, GA; St. Catherines 
Island, Liberty County, GA; Blackbeard and Sapelo Islands, McIntosh 
County, GA: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are nearshore areas from Ossabow Sound to Deboy 
Sound (crossing St. Catherines Sound, McQueen Inlet, Sapelo Sound, and 
Cabretta Inlet) from the MHW line seaward 1.6 km. This unit contains 
both high density nearshore reproductive habitat (Ossabaw and 
Blackbeard Islands), and areas adjacent to high density nearshore 
reproductive habitat (St. Catherines and Sapelo Islands) of loggerhead 
sea turtles in Georgia.
    LOGG-N-13--Little Cumberland Island, Camden County, GA; Cumberland 
Island, Camden County, GA: This unit contains nearshore reproductive 
habitat only. The boundaries of this unit are nearshore areas from St. 
Andrew Sound to the St. Marys River (Crossing Christmas Creek) from the 
MHW line seaward 1.6 km. This unit contains both high density nearshore 
reproductive habitat (Cumberland Island) and areas adjacent to high 
density nearshore reproductive habitat (Little Cumberland Island) of 
loggerhead sea turtles in Georgia.
    LOGG-N-14--Southern boundary of Kathryn Abbey Hanna Park, Duval 
County to Matanzas Inlet, St. Johns County, FL: This unit contains 
nearshore reproductive habitat only. The boundaries of the unit are 
nearshore areas from the southern boundary of Kathryn Abbey Hanna Park 
to Matanzas Inlet (crossing St. Augustine Inlet) from the MHW line 
seaward 1.6 km. This unit contains both high density nearshore 
reproductive habitat (Guana Tolomato Matanzas NERR to St. Augustine 
Inlet) and areas adjacent to high density nearshore reproductive 
habitat (South Duval County to Old Ponte Vedra, and St. Augustine Inlet 
to Matanzas Inlet) of loggerhead sea turtles in the Northern Florida 
Region of the Peninsular Florida Recovery Unit.
    LOGG-N-15--Northern Boundary of River to Sea Preserve at 
Marineland, Flagler County, FL to Granada Blvd., Volusia County, FL: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from the northern boundary of River to 
Sea Preserve at Marineland to Granada Boulevard in Ormond Beach from 
the MHW line seaward 1.6 km. This unit contains high density nearshore 
reproductive habitat in the Northern Florida Region of the Peninsular 
Florida Recovery Unit.
    LOGG-N-16--Canaveral National Seashore to 28.70[deg] N, 80.66[deg] 
W near Titusville, Volusia and Brevard Counties, FL: This unit contains 
nearshore reproductive habitat only. Boundaries of the unit are 
nearshore areas from the north boundary of Canaveral National Seashore 
to 28.70[deg] N, 80.66[deg] W near Titusville (at the start of the 
Titusville--Floridana Beach concentrated breeding area) from the MHW 
line seaward 1.6 km. This unit contains both areas adjacent to high 
density nearshore reproductive habitat (northern boundary of Canaveral 
National Seashore to the Volusia-Brevard County line) and high density 
nearshore reproductive habitat (Volusia-Brevard County line to 
Titusville) of loggerhead sea turtles in the Central Eastern Florida 
Region of the Peninsular Florida Recovery Unit.
    LOGG-N-17--Titusville to Floridana Beach Concentrated Breeding 
Area, Northern Portion of the Florida Constricted Migratory Corridor, 
Nearshore Reproductive Habitat from 28.70[deg] N, 80.66[deg] W near 
Titusville to Cape Canaveral Air Force Station, Brevard County, FL, and 
Nearshore Reproductive Habitat Patrick Airforce Base and Central 
Brevard Beaches, FL: This unit includes overlapping areas of nearshore 
reproductive habitat, constricted migratory habitat, and breeding 
habitat. The concentrated breeding habitat area is from the MHW line on 
shore at 28.70[deg] N, 80.66[deg] W near Titusville, out to depths less 
than 60 m (consistent with what is reported in Arendt et al. 2012a), 
and extending south to Floridana Beach. This overlaps with waters in 
the northern portion of the Florida constricted migratory corridor, 
which begins at the tip of Cape Canaveral Air Force Station and ends at 
Floridana beach, extending from the MHW line on shore to the 30-m depth 
contour line.

[[Page 43027]]

    Additionally, the above two habitat areas overlap with two 
nearshore reproductive habitat areas. The first begins near Titusville 
at 28.70[deg] N, 80.66[deg] W to the south boundary of the Cape 
Canaveral Air Force Station/Canaveral Barge Canal Inlet from the MHW 
line seaward 1.6 km. The second begins at Patrick Air Force Base, 
Brevard County, through the central Brevard Beaches to Floridana Beach 
from the MHW line seaward 1.6 km. These nearshore reproductive areas 
contain high density nearshore reproductive habitat of loggerhead sea 
turtles in the Central Eastern Florida Region of the Peninsular Florida 
Recovery Unit.
    LOGG-N-18--Florida Constricted Migratory Corridor from Floridana 
Beach to Martin County/Palm Beach County Line, FL; and Nearshore 
Reproductive Habitat from Floridana Beach to the south end of Indian 
River Shores; Brevard and Indian River Counties; and Nearshore 
Reproductive Habitat from the Fort Pierce inlet to Martin County/Palm 
Beach County Line, Sebastian and Martin Counties, FL: This unit 
contains nearshore reproductive habitat and constricted migratory 
habitat. The unit contains a portion of the Florida constricted 
migratory corridor, which is located in the nearshore waters from the 
MHW line on shore to the 30-m depth contour off Floridana Beach to the 
Martin County/Palm Beach County line. This overlaps with two nearshore 
reproductive habitat areas. The first nearshore reproductive area 
includes nearshore areas from Floridana Beach to the south end of 
Indian River Shores (crossing Sebastian Inlet) from the MHW line 
seaward 1.6 km. The second nearshore reproductive habitat area includes 
nearshore areas from Fort Pierce inlet to Martin County/Palm Beach 
County line (crossing St. Lucie Inlet) from the MHW line seaward 1.6 
km. These nearshore reproductive areas contain high density nearshore 
reproductive habitat (Floridana to Sebastian Inlet and Fort Pierce 
Inlet to the Martin County/Palm Beach County line) and areas adjacent 
to high density nearshore reproductive habitat (Sebastian Inlet to 
Indian River Shores) by loggerhead sea turtles in the Central Eastern 
Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-19--Southern Florida Constricted Migratory Corridor; 
Southern Florida Concentrated Breeding Area; and Nearshore Reproductive 
Areas of Martin County/Palm Beach County line to Hillsboro Inlet, Palm 
Beach and Broward Counties, FL); and Long Key, Bahia Honda Key, Woman 
Key, Boca Grande Key, and Marquesas Keys, Monroe County, FL: This unit 
contains nearshore reproductive habitat, constricted migratory habitat, 
and breeding habitat. The unit contains the southern Florida 
constricted migratory corridor habitat, overlapping southern Florida 
breeding habitat, and overlapping nearshore reproductive habitat. The 
southern portion of the Florida concentrated breeding area and the 
southern Florida constricted migratory corridor are both located in the 
nearshore waters starting at the Martin County/Palm Beach County line 
to the westernmost edge of the Marquesas Keys (82.17[deg] W. long.), 
with the exception of the waters under the jurisdiction of NAS Key 
West. The seaward border then follows the 200-m depth contour line to 
the westernmost edge at the Marquesas Keys.
    The nearshore reproductive habitat includes (1) Nearshore waters 
starting at the Martin County/Palm Beach County line to Hillsboro Inlet 
(crossing Jupiter, Lake Worth, Boynton and Boca Raton Inlets) from the 
MHW line seaward 1.6 km; (2) Long Key, which is bordered on the east by 
the Atlantic Ocean, on the west by Florida Bay, and on the north and 
south by natural channels between Keys (Fiesta Key to the north and 
Conch Key to the south), and has boundaries following the borders of 
the island from the MHW line and seaward to 1.6 km; (3) Bahia Honda 
Key, from the MHW line seaward 1.6 km; (4) Woman Key, from the MHW line 
seaward 1.6 km; (5) Boca Grande Key, from the MHW line seaward 1.6 km; 
(6) the Marquesas Keys unit boundary, including nearshore areas from 
the MHW line and seaward to 1.6 km from four islands where loggerhead 
sea turtle nesting has been documented within the Marquesas Keys: 
Marquesas Key, Unnamed Key 1, Unnamed Key 2, and Unnamed Key 3.
    These nearshore reproductive unit from the Martin County/Palm Beach 
County line to Hillsboro Inlet contains both high density nearshore 
reproductive habitat (Jupiter Inlet to Boynton Inlet (crossing Lake 
Worth Inlet), and Boca Raton Inlet to Hillsboro Inlet) and areas 
adjacent to high density nearshore reproductive habitat (Boynston Inlet 
to Boca Raton Inlet). The nearshore reproductive habitat units in the 
Florida Keys (Long Key and Bahia Honda Key) were included to ensure 
conservation of nearshore reproductive habitat off of the unique 
nesting habitat in the Florida Keys. Woman and Boca Grande Keys and the 
Marquesas Keys are part of the Dry Tortugas Recovery Unit and were 
included because of the extremely small size of the Dry Tortugas 
Recovery Unit.
    LOGG-N-20--Dry Tortugas, Monroe County, FL: This unit contains 
nearshore reproductive habitat only. The unit boundary includes 
nearshore areas from the MHW line and seaward to 1.6 km from six 
islands where loggerhead sea turtle nesting has been documented within 
the Dry Tortugas. From west to east, these six islands are: Loggerhead 
Key, Garden Key, Bush Key, Long Key, Hospital Key, and East Key. This 
unit was included because of the extremely small size of the Dry 
Tortugas Recovery Unit.
    LOGG-N-21--Cape Sable, Monroe County, FL: This unit contains 
nearshore reproductive habitat only. The boundaries of the unit are 
nearshore areas from the MHW line and seaward to 1.6 km from the north 
boundary of Cape Sable to the south boundary of Cape Sable. This unit 
contains high density nearshore reproductive habitat of loggerhead sea 
turtles in the Southwestern Florida Region of the Peninsular Florida 
Recovery Unit.
    LOGG-N-22--Graveyard Creek to Shark Point, Monroe County, FL: This 
unit contains nearshore reproductive habitat only. The boundaries of 
this unit are nearshore areas from Shark Point (25.387949, -81.149308) 
to Graveyard Creek Inlet from the MHW line seaward 1.6 km. This unit 
contains high density nearshore reproductive habitat of loggerhead sea 
turtles in the Southwestern Florida Region of the Peninsular Florida 
Recovery Unit.
    LOGG-N-23--Highland Beach, Monroe County, FL: This unit contains 
nearshore reproductive habitat only. The boundaries of this unit are 
from First Bay to Rogers River Inlet from the MHW line seaward 1.6 km. 
This unit contains areas adjacent to high density nearshore 
reproductive habitat of loggerhead sea turtles in the Southwestern 
Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-24--Ten Thousand Islands North, Collier County, FL: This 
unit contains nearshore reproductive habitat only. The unit includes 
nearshore areas from the MHW line seaward 1.6 km of nine keys where 
loggerhead sea turtle nesting has been documented within the northern 
part of the Ten Thousand Islands in Collier County in both the Ten 
Thousand Islands NWR and the Rookery Bay NERR. This unit contains areas 
adjacent to high density nearshore reproductive habitat of loggerhead 
sea turtles in the Southwestern Florida Region of the Peninsular 
Florida Recovery Unit.
    LOGG-N-25--Cape Romano, Collier County, FL: This unit contains 
nearshore reproductive habitat only. The boundaries of the unit are 
nearshore

[[Page 43028]]

areas from Caxambas Pass to Gullivan Bay from the MHW line seaward 1.6 
km. This unit contains areas adjacent to high density nearshore 
reproductive habitat of loggerhead sea turtles in the Southwestern 
Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-26--Keewaydin Island and Sea Oat Island, Collier County, FL: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from Gordon Pass to Big Marco Pass from 
the MHW line seaward 1.6 km. This unit contains areas of high density 
nearshore reproductive habitat of loggerhead sea turtles in the 
Southwestern Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-27--Little Hickory Island to Doctors Pass, Lee and Collier 
Counties, FL: This unit contains nearshore reproductive habitat only. 
The boundaries of the unit are nearshore areas from Little Hickory 
Island to Doctors Pass (crossing Wiggins Pass and Clam Pass) from the 
MHW line seaward 1.6 km. This unit contains areas adjacent to high 
density nearshore reproductive habitat of loggerhead sea turtles in the 
Southwestern Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-28--Captiva Island and Sanibel Island West, Lee County, FL: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from the north end of Captiva/Captiva 
Island Golf Club (starting at Redfish Pass and crossing Blind Pass) and 
along Sanibel Island West to Tarpon Bay Road from the MHW line seaward 
1.6 km. This unit contains both high density nearshore reproductive 
habitat (Sanibel Island West) and areas adjacent to high density 
nearshore reproductive habitat (Captiva Island) of loggerhead sea 
turtles in the Central Western Florida Region of the Peninsular Florida 
Recovery Unit.
    LOGG-N-29--Siesta and Casey Keys, Sarasota Count, FL; Venice 
Beaches and Manasota Key, Sarasota and Charlotte Counties, FL; Knight, 
Don Pedro, and Little Gasparilla Islands, Charlotte County, FL; 
Gasparilla Island, Charlotte and Lee Counties, FL; Cayo Costa, Lee 
County, FL: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are nearshore areas from Big Sarasota Pass to 
Cativa Pass (crossing Venice Inlet, Stump Pass, Gasparilla Pass, and 
Boca Grande Pass) from the MHW line seaward 1.6 km. This unit contains 
both high density nearshore reproductive habitat (Siesta and Casey 
Keys; Venice Beaches and Manasota Key; and Knight, Don Pedro, and 
Little Gasparilla Islands) and areas adjacent to high density nearshore 
reproductive habitat (Cayo Costa) of loggerhead sea turtles in the 
Central Western Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-30--Longboat Key, Manatee and Sarasota Counties, FL: This 
unit contains nearshore reproductive habitat only. The boundaries of 
this unit are the north point of Longboat Key at Longboat Pass to New 
Pass from the MHW line seaward 1.6 km. This unit is adjacent to high 
density nearshore reproductive habitat of loggerhead sea turtles in the 
Central Western Florida Region of the Peninsular Florida Recovery Unit.
    LOGG-N-31--St. Joseph Peninsula, Cape San Blas, St. Vincent, Little 
St. George, St. George, and Dog Islands, Gulf and Franklin Counties, 
FL: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are from St. Joseph Bay to St. George Sound 
(including Eglin Air Force Base and crossing Indian, West, and East 
Passes) from the MHW line seaward 1.6 km. This unit contains both areas 
adjacent to high density nearshore reproductive habitat (Cape San Blas, 
St. George Island and Dog Island) and high density nearshore 
reproductive habitat (St. Joseph Peninsula, St. Vincent Island, Little 
St. George Island) of loggerhead sea turtles in the Florida portion of 
the Northern Gulf of Mexico Recovery Unit.
    LOGG-N-32--Mexico Beach and St. Joe Beach, Bay and Gulf Counties, 
FL: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are from the eastern boundary of Tyndall Air 
Force Base to Gulf County Canal in St. Joseph Bay from the MHW line 
seaward 1.6 km. This unit is adjacent to high density nearshore 
reproductive habitat of loggerhead sea turtles in the Florida portion 
of the Northern Gulf of Mexico Recovery Unit.
    LOGG-N-33--Gulf State Park to Pensacola Pass, Baldwin County, AL 
and Escambia County, FL: This unit contains nearshore reproductive 
habitat only. The boundaries of the unit are nearshore areas from the 
west boundary of Gulf State Park to the Pensacola Pass (crossing 
Perdido Pass and the AL-FL border) from the MHW line seaward 1.6 km. 
This unit contains both high density nearshore reproductive habitat 
(Gulf State Park to Perdido Pass) and areas adjacent to high density 
nearshore reproductive habitat (Perdido Pass to Pensacola Pass) of 
loggerhead sea turtles in the Alabama and Florida portions of the 
Northern Gulf of Mexico Recovery Unit.
    LOGG-N-34--Mobile Bay -- Little Lagoon Pass, Baldwin County, AL: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from Mobile Bay Inlet to Little Lagoon 
Pass from the MHW line seaward 1.6 km. This unit contains high density 
nearshore reproductive habitat of loggerhead sea turtles in the Alabama 
portion of the Northern Gulf of Mexico Recovery Unit.
    LOGG-N-35--Petit Bois Island, Jackson County, MS: This unit 
contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from Horn Island Pass to Petit Bois Pass from 
the MHW line seaward 1.6 km. This unit was selected because it is one 
of two islands with the greatest number of nests in the Mississippi 
portion of the Northern Gulf of Mexico Recovery Unit.
    LOGG-N-36--Horn Island, Jackson County, MS: This unit contains 
nearshore reproductive habitat only. The boundaries of the unit are 
nearshore areas from Dog Keys Pass to the eastern most point of the 
ocean facing island shore from the MHW line seaward 1.6 km. This unit 
was selected because it is one of two islands with the greatest number 
of nests in the Mississippi portion of the Northern Gulf of Mexico 
Recovery Unit.
    Oceanic Habitat. If Sargassum habitat is included in the final 
rule, it would likely include oceanic habitat as described above.

North Pacific Ocean DPS

    After reviewing the best available scientific information, we 
conclude that no specific areas exist within U.S. jurisdiction that 
meet the definition of critical habitat for the North Pacific Ocean 
DPS. We did not identify any critical habitat within the U.S. EEZ in 
the Pacific Ocean for the North Pacific Ocean DPS because occupied 
habitat within the U.S. EEZ did not support suitable conditions in 
sufficient quantity and frequency to provide meaningful foraging, 
development, and/or transiting opportunities to the population in the 
North Pacific Ocean.
Unoccupied Areas
    Section 3(5)(A)(ii) of the ESA authorizes designation of ``specific 
areas outside the geographical areas occupied by the species at the 
time it is listed'' if those areas are determined to be essential to 
the conservation of the species. Joint NMFS and USFWS regulations (50 
CFR 424.12(e)) emphasize that the agency shall designate as critical 
habitat areas outside the geographical area presently occupied by a 
species only when a

[[Page 43029]]

designation limited to its present range would be inadequate to ensure 
the conservation of the species. At the present time we have not 
identified additional specific areas outside the geographic area 
occupied by loggerheads at the time of their listing that may be 
essential for the conservation of the species.
Application of Section 4(a)(3) of the ESA
    The ESA precludes the Secretary from designating military lands as 
critical habitat if those lands are subject to an INRMP under the Sikes 
Act Improvement Act of 1997 (Sikes Act; 16 U.S.C. 670a) and the 
Secretary certifies in writing that the plan benefits the listed 
species (Section 4(a)(3), Pub. L. 108-136).
    NMFS has determined that the INRMP for NAS Key West confers 
benefits to the loggerhead sea turtle and enhances its habitat, and 
therefore is not proposing the waters subject to that INRMP for 
critical habitat designation. Management actions described in the NAS 
Key West INRMP that benefit loggerhead sea turtles include water 
quality measures, invasive species control, re-establishment of 
historic tidal connections for mangrove/saltmarsh and shallow open 
water (including areas containing seagrasses), completion of a marine 
benthic survey, installation of turtle-friendly lights, and community 
outreach and information.
    We are proposing as critical habitat the waters off Onslow Beach on 
MCB Camp Lejeune, North Carolina; however, we are holding discussions 
with the U.S. Marine Corps regarding this INRMP, and may revisit this 
determination prior to finalizing this proposed rule.
ESA Section 4(b)(2) Analysis
    Section 4(b)(2) of the ESA states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat (16 U.S.C. 
section 1533(b)(2)). In addition to this mandatory consideration of 
impacts set out in the first sentence of section 4(b)(2), the second 
sentence gives the Secretary discretion to go further and proceed to an 
optional weighing of the benefits of including a particular area 
against the benefits of excluding such an area. The Secretary may 
exclude an area from critical habitat if s/he determines that the 
benefits of such exclusion (avoiding the economic, national security, 
or other costs) outweigh the benefits of specifying such area as part 
of the critical habitat (the conservation benefits to the species), 
unless s/he determines, based on the best scientific data available, 
that the failure to designate such area as critical habitat will result 
in the extinction of the species (16 U.S.C. 1533(b)(2)). In making that 
determination, the statute, as well as the legislative history, are 
clear that the Secretary has broad discretion regarding whether to 
proceed to the optional weighing of benefits, which factor(s) to use, 
how much weight to give to any factor, and whether or not to exclude 
any area.

Benefits of Inclusion

    The benefits of designating specific areas include the protection 
afforded under section 7(a)(2) of the ESA, requiring all Federal 
agencies to ensure that their actions are not likely to destroy or 
adversely modify critical habitat. This is in addition to the 
requirement that all Federal agencies ensure that their actions are not 
likely to jeopardize the continued existence of the species. The 
designation of critical habitat also provides conservation benefits 
such as improved education and outreach by informing the public about 
areas and features important to species conservation, as well as 
additional protections under state and local authorities.
    We find that, because the PBFs and PCEs of the proposed habitat 
inherently focus on the areas that best support the needs of the 
species (i.e., those that support meaningful aggregations of the 
species) and the areas were selected expressly to ensure maximum 
consistency with the goals in the species' recovery plan, each of the 
proposed areas is of high conservation value.

Economic Benefits of Exclusion

    According to the draft Economic Analysis, the total estimated 
present value of the quantified impacts is $830,000 over the next 10 
years. On an annualized basis, this is equivalent to impacts of $95,000 
(IEc 2013). The quantified impacts of designation are the same as the 
economic benefits of exclusion. Costs for each unit can be found in 
Exhibit 1 of the draft Economic Analysis (IEc 2013). Impacts are 
anticipated to be greatest in LOGG-N-19 (25 percent or $24,200 
annually), a large unit that extends from Martin County/Palm Beach 
County line to the Marquesas Keys in Monroe County, and which includes 
several nearshore reproductive areas as well as the southern-most 
constricted migratory corridor and concentrated breeding habitat in 
Florida. These costs are due primarily to the frequency of 
consultations anticipated for in-water construction, dredging, and 
sediment disposal activities, but also to the size of the unit relative 
to most of the other units. Impacts in the Atlantic Sargassum habitat 
unit, LOGG-S-01 (23 percent or $22,000) and the Gulf of Mexico 
Sargassum unit, LOGG-S-02 (13 percent, or $12,000) reflect the very 
large size of these units, rather than the potential for activities to 
adversely affect this habitat type in particular. The majority of 
anticipated impacts are administrative costs associated with 
consultation on nearshore and in-water construction, dredging, and 
sediment disposal activities (63 percent) and fisheries and related 
activities (33 percent). The draft Economic Analysis describes in more 
detail the types of activities that may be affected by the designation 
and the estimated relative level of economic impacts (IEc 2013).
    The highest estimated annual economic cost associated with the 
designation of loggerhead critical habitat is $25,000 for a large unit, 
LOGG-N-19, and the estimated cost associated with the designation of 
most units as critical habitat is below $1,000. Because these numbers 
are so low, all units are considered to have a ``low'' economic impact. 
Typically, to be considered ``high,'' an economic value would need to 
be above several million dollars (sometimes tens of millions), and 
``medium'' may fall between several hundred thousand and millions of 
dollars.

Exclusions of Particular Areas Based on Economic Impacts

    Because all units identified for loggerheads have a high 
conservation value and a low economic impact, no areas were considered 
for exclusion based on economic impacts. Because no areas are 
recommended for exclusion, we do not need to make the further 
consideration of whether exclusions would result in the extinction of 
the Northwest Atlantic Ocean DPS of the loggerhead sea turtle.

Exclusions Based on Impacts to National Security

    The Secretary must consider possible impacts to national security 
when determining critical habitat (16 U.S.C. 1533(b)(2)). We shared the 
draft Biological Report with the Departments of the Navy (including 
Marine Corps), Army, Air Force and the Department of Homeland Security. 
The Navy and Air Force provided comments and shared concerns about 
portions of the breeding area in LOGG-N-17 (the Trident

[[Page 43030]]

Submarine Basin, other basins and the portion of the navigation 
channel, inlet, and Canaveral Barge Canal). This unit, which 
represented a minimal convex polygon delineating breeding habitat that 
was adopted from Arendt (2012a), was re-examined with Arendt and others 
to ensure its borders were appropriate for a critical habitat unit, as 
there were questions as to whether the channel, basins, Banana River 
and a portion of the Indian River Lagoon truly represented critical 
breeding habitat. The western extent of LOGG-N-17 was adjusted, based 
on input from the Navy and Air Force, to follow the shoreline instead 
of going into the Port and the Indian River Lagoon and Banana River. 
Although we did not adjust this boundary for national security reasons, 
per se, we agreed that these basins, rivers and canal, were not 
critical to loggerhead breeding.
    Discussions with the Navy indicated that there is overlap between 
the areas proposed for critical habitat and Navy activities. However, 
we do not believe that these activities, as currently conducted, are 
the types of activities that may affect or adversely modify critical 
habitat proposed for the loggerhead sea turtle or its PBF/PCEs. As a 
result, we conclude that Navy activities are not likely to be affected 
by this proposed designation, and the designation would not affect 
national security.
    Department of Homeland Security (DHS) marine vessels routinely 
conduct patrol activities in areas proposed for critical habitat. These 
patrol activities support DHS's national security mission. The patrols 
involve vessels that are typically smaller than Navy vessels. We do not 
believe that these activities, as currently conducted, are the types of 
activities that may affect or adversely modify critical habitat 
proposed for the loggerhead sea turtle or its PBF/PCEs. Therefore, we 
conclude that DHS activities are not likely to be affected by this 
proposed designation, and the designation would not affect national 
security.
    No additional national security concerns have been raised at this 
time; therefore, we have not excluded any areas due to national 
security concern. We can revisit this determination.

Exclusions for Indian Lands

    No Indian lands occur in the areas being recommended for 
designation, and no Indian activities are anticipated to be affected by 
designation. Therefore no exclusions are recommended for Indian Lands.

Critical Habitat Designation

    We proposed to designate 36 occupied marine areas of critical 
habitat for the Northwest Atlantic Ocean DPS. These areas contain one 
or a combination of nearshore reproductive habitat, winter area, 
breeding areas, and constricted migratory corridors, and two areas that 
contain Sargassum habitat. The proposed critical habitat areas contain 
the PBFs essential to the conservation of the species that may require 
special management considerations or protection. We do not propose to 
exclude any areas based on economic impacts and do not propose to 
exclude any areas based on national security concerns at this time but 
can revisit this determination.

Effects of Critical Habitat Designation

    Section 7(a)(2) of the ESA requires Federal agencies to insure that 
any action authorized, funded, or carried out by the agency (agency 
action) does not jeopardize the continued existence of any threatened 
or endangered species or destroy or adversely modify designated 
critical habitat (16 U.S.C. 1536(a)(2)). Federal agencies are also 
required to confer with us and USFWS regarding any actions likely to 
jeopardize a species proposed for listing under the ESA, or likely to 
destroy or adversely modify proposed critical habitat, pursuant to 
section 7(a)(4) (16 U.S.C. 1536(a)(4)). A conference involves informal 
discussions in which we may recommend conservation measures to minimize 
or avoid adverse effects. The discussions and conservation 
recommendations are to be documented in a conference report provided to 
the Federal agency undertaking the action at issue. If requested by the 
Federal agency, a formal conference report may be issued, including a 
biological opinion prepared according to 50 CFR 402.14. A formal 
conference report may be adopted as the biological opinion when the 
species is listed or critical habitat designated, if no significant new 
information or changes to the action alter the content of the opinion. 
When a species is listed or critical habitat is designated, Federal 
agencies must consult with NMFS on any agency actions they authorize, 
fund, or carry out that may affect the species or its critical habitat 
(16 U.S.C. 1536(a)(2)). During the consultation, we evaluate the agency 
action to determine whether the action may adversely affect listed 
species or critical habitat and issue our findings in a biological 
opinion or, if appropriate, in a letter concurring with a finding of 
the action agency that their action is not likely to adversely affect 
the species. If we conclude in the biological opinion that the agency 
action would likely result in the destruction or adverse modification 
of critical habitat, we would also recommend any reasonable and prudent 
alternatives to the action. 16 U.S.C. 1536(b)(4)(2). Reasonable and 
prudent alternatives (defined in 50 CFR 402.02) are alternative actions 
identified during formal consultation that can be implemented in a 
manner consistent with the intended purpose of the action, that are 
consistent with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that would avoid the destruction or adverse modification of critical 
habitat. Regulations (50 CFR 402.16) require Federal agencies that have 
retained discretionary involvement or control over an action, or where 
such discretionary involvement or control is authorized by law, to 
reinitiate consultation on previously reviewed actions in instances 
where (1) critical habitat is subsequently designated, or (2) new 
information or changes to the action may result in effects to critical 
habitat not previously considered in the biological opinion. 
Consequently, some Federal agencies may request reinitiation of a 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Activities subject to the ESA section 7 consultation process 
include Federal activities and non-Federal activities requiring a 
permit from a Federal agency (e.g., a Clean Water Act, Section 404 
dredge or fill permit from the U.S. Army Corps of Engineers (USACE)) or 
some other Federal action, including funding (e.g., Federal Highway 
Administration funding for transportation projects). ESA section 7 
consultation would not be required for Federal actions that do not 
affect listed species or critical habitat and for non-Federal 
activities or activities on non-federal and private lands that are not 
federally funded, authorized, or carried out.

Activities That May Be Affected

    ESA section 4(b)(8) requires in any proposed or final rule to 
designate critical habitat an evaluation and brief description, to the 
maximum extent practicable, of those activities that may adversely 
modify such habitat or that may be affected by the designation. A wide 
variety of activities may affect the proposed critical habitat and may 
be subject to the ESA section 7

[[Page 43031]]

consultation process when carried out, funded, or authorized by a 
Federal agency. These include (1) Nearshore and in-water construction, 
dredging, and sediment disposal, such as construction and maintenance 
of offshore structures such as breakwaters, groins, jetties, and 
artificial reefs; construction and maintenance of transportation 
projects (e.g., bridges) and utility projects; dredging and sediment 
disposal; channel blasting; (2) fisheries management, such as Federal 
commercial fisheries and related activities; (3) oil and gas 
exploration and development, such as decommissioning of old oil and gas 
platforms, construction of nearshore oil and gas platforms, oil and gas 
activity transport in the nearshore environment; (4) renewable energy 
projects, such as ocean thermal energy, wave energy, and offshore wind 
energy; (5) some military activities, such as in-water training and 
research; and (6) aquaculture, such as marine species propagation.
    For ongoing activities, we recognize that designation of critical 
habitat may trigger reinitiation of past consultations. In most cases, 
we do not anticipate the outcome of reinitated consultation to require 
significant additional conservation measures, because effects to 
habitat would likely have been assessed in the original consultation. 
We commit to working closely with other Federal agencies to implement 
these reinitiated consultations in an efficient and streamlined manner 
that, as much as possible and consistent with our statutory and 
regulatory obligations, minimizes the staff and resource burden and 
recognizes existing habitat conservation measures from previously 
completed ESA consultations. Further, we will continue to work with 
other agencies to refine and revise cost estimates associated with such 
consultations.

Information Quality Act and Peer Review

    The data and analyses supporting this proposed action have 
undergone a pre-dissemination review and have been determined to be in 
compliance with applicable information quality guidelines implementing 
the Information Quality Act (IQA) (Section 515 of Public Law 106-554). 
In December 2004, the Office of Management and Budget (OMB) issued a 
Final Information Quality Bulletin for Peer Review pursuant to the IQA. 
The Bulletin established minimum peer review standards, a transparent 
process for public disclosure of peer review planning, and 
opportunities for public participation with regard to certain types of 
information disseminated by the Federal Government. The peer review 
requirements of the OMB Bulletin apply to influential or highly 
influential scientific information disseminated on or after June 16, 
2005. To satisfy our requirements under the OMB Bulletin, we obtained 
independent peer review of the draft Biological Report (NMFS 2013) that 
supports the proposal to designate critical habitat for the loggerhead 
sea turtle and incorporated the peer review comments prior to 
dissemination of this proposed rulemaking.

Public Comments Solicited

    We solicit comments or suggestions from the public, other concerned 
governments and agencies, the scientific community, industry, non-
governmental organizations, or any other interested party concerning 
the proposed designation, the biological report, the draft Economic 
Analysis and its appended IRFA analysis. We are particularly interested 
in comments and information in the following areas: (1) Information on 
foraging areas that could be considered for critical habitat 
designation, including the PBFs and PCEs of these areas (see the 
foraging habitat discussion in the ``Description of Physical or 
Biological Features and Primary Constituent Elements and Identification 
of Specific Sites'' section for further detail); (2) comments on 
whether to include Sargassum habitat as critical habitat and, if so, 
whether we should include the entire areas, features, and elements 
described and mapped in the ``Description of Physical or Biological 
Features and Primary Constituent Elements and Identification of 
Specific Sites'' section, information on specific areas that frequently 
encompass convergence zones, surface-water downwelling areas and/or 
other locations where concentrated components of the Sargassum 
community are likely to be found in the Atlantic Ocean and Gulf of 
Mexico in order to delimit more accurately and precisely potential 
Sargassum critical habitat, and information on times of year or areas 
that loggerheads are most likely to co-occur with Sargassum habitat, 
(3) information on potential impacts, including conservation benefits 
and economic and other costs, of designating Sargassum critical habitat 
that may have been overlooked; (4) comments on critical habitat units 
proposed for designation or those overlooked, including PBFs and PCEs 
of these areas, particularly for breeding areas; (5) comments on the 
methodology underlying our approach to focus on areas supporting the 
most meaningful usage by the species and to ensure geographic 
representation of areas to ensure consistency with the recovery plan; 
(6) comments regarding any areas we may have overlooked that would meet 
the definition of critical habitat for the North Pacific Ocean DPS; (7) 
information on other impacts to PBFs or PCEs that may require special 
management considerations or protection; (8) information regarding 
potential benefits or impacts of designating any particular area 
proposed as critical habitat, including information on the types of 
Federal actions that may trigger an ESA section 7 consultation and may 
either affect the area's PBFs or require modifications of those 
activities; (9) information regarding the benefits of excluding a 
particular area from critical habitat, including on the basis of 
economic impacts or national security concerns; (10) information 
regarding the benefits of excluding existing manmade structures from 
critical habitat, whether the waters below such structures should 
likewise be excluded from designation (including potential impacts and 
costs of requiring consultation to such areas by including them in the 
designation), and whether the exclusion of existing manmade structures 
should be expanded or narrowed in a way; (11) current or planned 
activities in the areas proposed as critical habitat and costs of 
potential modifications to those activities due to critical habitat 
designation; and (12) any foreseeable economic, national security, or 
other relevant impact resulting from the proposed designation. You may 
submit your comments and materials concerning this proposal by any one 
of several methods (see ADDRESSES). Copies of the proposed rule and 
supporting documentation can be found on the NMFS Web site at https://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm. We will consider 
all comments pertaining to this designation received during the comment 
period in preparing the final rule. Accordingly, the final decision may 
differ from this proposal.

Public Hearings

    Joint NMFS and USFWS regulations (50 CFR 424.16(c)(3)) state that 
the Secretary shall promptly hold at least one public hearing if any 
person requests one within 45 days of publication of a proposed rule to 
list a species or to designate critical habitat. Public hearings 
provide the opportunity for interested individuals and parties to give 
comments, exchange information and opinions, and engage in a 
constructive dialogue concerning this

[[Page 43032]]

proposed rule. We encourage the public's participation and involvement 
in ESA matters. Requests for public hearings must be made in writing 
(see ADDRESSES) by September 3, 2013. If a public hearing is requested, 
a notice detailing the specific hearing location and time will be 
published in the Federal Register at least 15 days before the hearing 
is to be held. Information on the specific hearing locations and times 
will also be posted on our Web site at: https://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm.

Classification

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has determined that this 
proposed rule is significant under Executive Order 12866. A draft 
Economic Analysis and 4(b)(2) analysis as set forth herein have been 
prepared to support the exclusion process under section 4(b)(2) of the 
ESA.

National Environmental Policy Act

    We have determined that an environmental analysis as provided for 
under the National Environmental Policy Act of 1969 for critical 
habitat designations made pursuant to the ESA is not required. See 
Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. Denied, 
116 S.Ct 698 (1996).

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency publishes a notice of rulemaking 
for any proposed or final rule (other than one regarding the listing of 
a species under the Endangered Species Act), it must prepare and make 
available for public comment a regulatory flexibility analysis 
describing the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
We have prepared an initial regulatory flexibility analysis (IRFA), 
which is an appendix to the draft Economic Analysis. This document is 
available upon request (see ADDRESSES) and via our Web site https://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm, or via the Federal 
eRulemaking Web site at https://www.regulations.gov. The results of the 
IRFA are summarized below.
    The action is being considered by the agency because it is required 
by the Endangered Species Act (16 U.S.C. 1531 et seq.). In 2011, NMFS 
and USFWS published a joint rulemaking revising the species' listing 
from a single, worldwide threatened species to nine DPSs. The two DPSs 
occurring in U.S. jurisdiction are the Northwest Atlantic Ocean DPS and 
the North Pacific Ocean DPS. Critical habitat can only be designated in 
areas under U.S. jurisdiction. The 2011 revised listing rule 
precipitated the proposed critical habitat designation for the 
Northwest Atlantic Ocean DPS and the proposed determination not to 
designate critical habitat for the North Pacific Ocean DPS.
    The objective of the rule is to utilize the best scientific and 
commercial information available to designate critical habitat for the 
loggerhead sea turtle to best meet the conservation needs of the 
species in order to meet recovery goals. Section 4(b)(2) of the Act 
requires NMFS to designate critical habitat for threatened and 
endangered species ``on the basis of the best scientific data available 
and after taking into consideration the economic impact, impact on 
national security, and any other relevant impact, of specifying any 
particular area as critical habitat.''
    Three types of small entities are defined in the IRFA: (1) Small 
business, (2) small governmental jurisdiction; and (3) small 
organization. The regulatory mechanism through which critical habitat 
protections are enforced is section 7 of the Act, which directly 
regulates only those activities carried out, funded, or permitted by a 
Federal agency. By definition, Federal agencies are not considered 
small entities, although the activities they may fund or permit may be 
proposed or carried out by small entities. This analysis considers the 
extent to which this designation could potentially affect small 
entities, regardless of whether these entities would be directly 
regulated by NMFS through the proposed rule or by a delegation of 
impact from the directly regulated entity.
    The IRFA focuses on small entities that may bear the incremental 
impacts of this rulemaking quantified in chapters 3 through 6 of the 
draft Economic Analysis on four categories of economic activity 
potentially requiring modification to avoid destruction or adverse 
modification of loggerhead sea turtle critical habitat. Small entities 
also may participate in ESA section 7 consultation as an applicant or 
may be affected by a consultation if they intend to undertake an 
activity that requires a permit, license or funding from the Federal 
Government. It is therefore possible that the small entities may spend 
additional time considering critical habitat during section 7 
consultation for the loggerhead sea turtle. Potentially affected 
activities include: Nearshore and in-water construction, dredging and 
disposal, fisheries, oil and gas exploration and development, and 
alternative energy projects.
    Estimated impacts to small entities are summarized by industry in 
Exhibit A-1 of the IRFA. Exhibit A-2 of the IRFA describes potentially 
affected small businesses by NAICS code, highlighting the relevant 
small business thresholds. Although businesses affected indirectly are 
considered, this analysis considers only those entities for which 
impacts would not be measurably diluted; i.e., it focuses on those 
entities that may bear some additional costs associated with 
participation in section 7 consultation.
    Based on the number of past consultations and information about 
potential future actions likely to take place within proposed critical 
habitat areas, this analysis forecasts the number of additional 
consultations that may take place as a result of critical habitat (see 
Chapters 3 through 6 of the draft Economic Analysis). Based on this 
forecast, annual incremental consultation costs that may be borne by 
third parties are forecast at $27,200 (discounted at seven percent), 
some portion of which may be borne by small entities.
    Ideally this analysis would directly identify the number of small 
entities which may engage in activities that overlap with the proposed 
designation; however, while NMFS tracks the Federal agency that is 
involved in the consultation process, it does not track the identity of 
past permit recipients or the particulars that would allow NMFS to 
determine whether the recipients were small entities. Nor does NMFS 
track how often Federal agencies have hired small entities to complete 
various actions associated with these consultations. In the absence of 
this information, this analysis utilizes Dun and Bradstreet databases 
to determine the number of small businesses operating within the NAICS 
codes identified in Exhibit A-3 in each county with marine coastline in 
the proposed designation. Exhibit A-4 presents the potentially affected 
small counties.
    The proposed rule does not directly mandate ``reporting'' or 
``record keeping'' within the meaning of the Paperwork Reduction Act 
(PRA), and does not impose record keeping or reporting requirements on 
small entities. A critical habitat designation would require that 
Federal agencies initiate a section 7 consultation to insure their 
actions do not destroy or adversely modify critical habitat. During 
formal section 7 consultation under the

[[Page 43033]]

ESA, NMFS, the action agency (Federal agency), and a third party 
participant applying for Federal funding or permitting, may communicate 
in efforts to minimize potential adverse impacts to the habitat and/or 
the essential features. Communication may include written letters, 
phone calls, and/or meetings. Project variables such as the type of 
consultation, the location, impacted essential features, and activity 
of concern, may in turn dictate the complexity of these interactions. 
Third party costs may include administrative work, such as cost of time 
and materials to prepare for letters, calls, or meetings. The cost of 
analyses related to the activity and associated reports may be included 
in these administrative costs. In addition, following the section 7 
consultation process, entities may be required to monitor progress 
during the said activity to ensure that impacts to the habitat and 
features have been minimized.
    An IRFA must identify any duplicative, overlapping, and conflicting 
Federal rules. The protection of listed species and habitat under 
critical habitat may overlap other sections of the Act. The protections 
afforded to threatened and endangered species and their habitat are 
described in section 7, 9, and 10 of the ESA. A final determination to 
designate critical habitat requires Federal Agencies to consult, 
pursuant to section 7 of the ESA, with NMFS on any activities the 
Federal agency funds, authorizes, or carries out, including permitting, 
approving, or funding non-Federal activities (e.g., a Clean Water Act, 
Section 404 dredge or fill permit from USACE). The requirement to 
consult is to ensure that any Federal action authorized, funded, or 
carried out will not likely jeopardize the continued existence of any 
endangered or threatened species or result in the destruction or 
adverse modification of critical habitat. The incremental impacts 
forecast in this report and contemplated in this IRFA are expected to 
result from the critical habitat designation and not other Federal 
regulations.
    In accordance with the requirements of the RFA (as amended by 
SBREFA, 1996) this analysis considers various alternatives to the 
proposed critical habitat designation for the loggerhead sea turtle. 
The alternative of not designating critical habitat for the loggerhead 
sea turtle was considered and rejected because such an approach does 
not meet the legal requirements of the ESA. Section 4(b)(2) of the Act 
allows the NMFS to exclude areas proposed for designation based on 
economic impact and other relevant impacts. Therefore, an alternative 
to the proposed designation is the designation of a subset of these 
areas or portions of the various habitat types.

Coastal Zone Management Act

    Section 307(c)(1) of the Federal Coastal Zone Management Act of 
1972 requires that all Federal activities that affect the land or water 
use or natural resource of the coastal zone be consistent with approved 
state coastal zone management programs to the maximum extent 
practicable. We have determined that this proposed designation of 
critical habitat is consistent to the maximum extent practicable with 
the enforceable policies of approved Coastal Zone Management Programs 
of New Jersey, Delaware, Maryland, Virginia, North Carolina, South 
Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. 
The determination has been submitted to the responsible agencies in the 
aforementioned states for review.

Federalism

    Executive Order 13132 requires agencies to take into account any 
Federalism impacts of regulations under development. It includes 
specific consultation directives for situations in which a regulation 
will preempt state law, or impose substantial direct compliance costs 
on state and local governments (unless required by statute). We have 
determined that the proposed rule to designate critical habitat for the 
loggerhead sea turtle under the ESA would, if finalized, not have 
federalism implications. The designation of critical habitat directly 
affects only the responsibilities of Federal agencies. As a result, the 
proposed rule does not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in the Order. State or local 
governments may be indirectly affected by the proposed revision if they 
require Federal funds or formal approval or authorization from a 
Federal agency as a prerequisite to conducting an action. In these 
cases, the State or local government agency may participate in the 
section 7 consultation as a third party. One of the key conclusions of 
the incremental analysis is that we do not expect critical habitat 
designation to generate additional requests for project modification in 
any of the proposed critical habitat units. Incremental economic 
impacts of the designation will likely be limited to minor additional 
administrative costs to NMFS, Federal agencies, and third parties when 
considering critical habitat as part of the forecast section 7 
consultations. Therefore, the proposed designation of critical habitat 
is also not expected to have substantial indirect impacts on State or 
local governments.
    Consistent with the requirements of Executive Order 13132, 
recognizing the intent of the Administration and Congress to provide 
continuing and meaningful dialogue on issues of mutual state and 
Federal interest, and in keeping with Department of Commerce policies, 
the Assistant Secretary for Legislative and Intergovernmental Affairs 
will provide notice of the proposed action and request comments from 
the appropriate officials in states where loggerhead sea turtles occur.

Paperwork Reduction Act

    This proposed rule does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act, we make the 
following findings: The designation of critical habitat does not impose 
an ``enforceable duty'' on state, local, tribal governments, or the 
private sector and therefore does not qualify as a Federal mandate. In 
general, a Federal mandate is a provision in legislation, statute, or 
regulation that would impose an ``enforceable duty'' upon non-federal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.''
    Under the ESA, the only direct regulatory effect of this proposed 
rule, if finalized, is that Federal agencies must ensure that their 
actions do not destroy or adversely modify critical habitat under 
section 7. While non-federal entities who receive Federal funding, 
assistance, permits, or otherwise require approval or authorization 
from a Federal agency for an action may be indirectly affected by the 
designation of critical habitat, the legally binding duty to avoid the 
destruction or adverse modification of critical habitat rests squarely 
on the Federal agency. Furthermore, to the extent that nonfederal 
entities are indirectly affected because they receive Federal 
assistance or participate in a voluntary Federal aid program, the 
Unfunded Mandates Reform Act would not apply.
    We do not believe that this proposed rule would significantly or 
uniquely affect small governments because it is not likely to produce a 
Federal mandate of $100 million or greater in any year;

[[Page 43034]]

that is, it is not a ``significant regulatory action'' under the 
Unfunded Mandates Reform Act. In addition, the designation of critical 
habitat imposes no obligations on local, state or tribal governments. 
Therefore, a Small Government Agency Plan is not required.

Takings

    Under Executive Order 12630, Federal agencies must consider the 
effects of their actions on constitutionally protected private property 
rights and avoid unnecessary takings of property. A taking of property 
includes actions that result in physical invasion or occupancy of 
private property, and regulations imposed on private property that 
substantially affect its value or use.
    In accordance with Executive Order 12630, the proposed critical 
habitat designation does not pose significant takings implications. A 
takings implication assessment is not required. This proposed 
designation affects only Federal agency actions (i.e. those actions 
authorized, funded, or carried out by Federal agencies). Therefore, the 
critical habitat designation does not affect landowner actions that do 
not require Federal funding or permits.
    This designation would not increase or decrease the current 
restrictions on private property concerning take of loggerhead sea 
turtles, nor do we expect the final critical habitat designation to 
impose substantial additional burdens on land use or substantially 
affect property values. Additionally, the final critical habitat 
designation does not preclude the development of Conservation Plans and 
issuance of incidental take permits for non-Federal actions. Owners of 
property included or used within the proposed critical habitat 
designation would continue to have the opportunity to use their 
property in ways consistent with the survival of listed loggerhead sea 
turtles.

Government to Government Relationships With Tribes

    The longstanding and distinctive relationship between the Federal 
and tribal governments is defined by treaties, statutes, executive 
orders, judicial decisions, and agreements, which differentiate tribal 
governments from the other entities that deal with, or are affected by, 
the Federal Government. This relationship has given rise to a special 
Federal trust responsibility involving the legal responsibilities and 
obligations of the United States toward Indian Tribes and the 
application of fiduciary standards of due care with respect to Indian 
lands, tribal trust resources, and the exercise of tribal rights.
    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, outlines the responsibilities of the Federal 
Government in matters affecting tribal interests. If NMFS issues a 
regulation with tribal implications (defined as having a substantial 
direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes) we must consult with those governments or the Federal 
Government must provide funds necessary to pay direct compliance costs 
incurred by tribal governments. The proposed critical habitat 
designation does not have tribal implications. The proposed critical 
habitat designation does not include any tribal lands and does not 
affect tribal trust resources or the exercise of tribal rights.

Energy Effects

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects when undertaking a ``significant energy action.'' 
According to Executive Order 13211, ``significant energy action'' means 
any action by an agency that is expected to lead to the promulgation of 
a final rule or regulation that is a significant regulatory action 
under Executive Order 12866 and is likely to have a significant adverse 
effect on the supply, distribution, or use of energy. We have 
considered the potential impacts of this action on the supply, 
distribution, or use of energy (see draft Economic Analysis). Oil and 
gas exploration and alternative energy projects may affect the 
essential features of critical habitat for the loggerhead sea turtle. 
Due to the extensive requirements of oil and gas development and 
renewable energy projects to consider environmental impacts, including 
impacts on marine life, even absent critical habitat designation for 
the loggerhead sea turtle, we anticipate it is unlikely that critical 
habitat designation will change conservation efforts recommended during 
section 7 consultation for these projects. Consequently, it is unlikely 
the identified activities and projects will be affected by the 
designation beyond the quantified administrative impacts. Therefore, 
the proposed designation is not expected to impact the level of energy 
production. It is unlikely that any impacts to the industry that remain 
unquantified will result in a change in production above the one 
billion kilowatt-hour threshold identified in the Executive Order. 
Therefore, it appears unlikely that the energy industry will experience 
``a significant adverse effect'' as a result of the critical habitat 
designation for the loggerhead sea turtle.

References Cited

    A complete list of all references cited in this rule making can be 
found on our Web site at https://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm, and is available upon request from the NMFS (see 
ADDRESSES).

List of Subjects in 50 CFR Part 226

    Endangered and threatened species.

    Dated: July 12, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, we propose to amend part 
226, title 50 of the Code of Federal Regulations as set forth below:

PART 226--DESIGNATED CRITICAL HABITAT

0
1. The authority citation of part 226 continues to read as follows:

    Authority: 16 U.S.C. 1533.

0
2. Add Sec.  226.223, to read as follows:


Sec.  226.223  Critical habitat for the Northwest Atlantic Ocean 
Distinct Population Segment of the loggerhead sea turtle (Caretta 
caretta).

    Critical habitat is designated for the Northwest Atlantic Ocean 
Distinct Population Segment of the loggerhead sea turtle (Caretta 
caretta) as described in this section. The textual descriptions of 
critical habitat in this section are the definitive source for 
determining the critical habitat boundaries. For nearshore reproductive 
areas, the units extend directly from the mean high water (MHW) line at 
each end of the unit seaward 1.6 km. Where beaches are within 1.6 km of 
each other, nearshore areas are connected, either along the shoreline 
(MHW line) or by delineating on GIS a straight line from the end of one 
beach to the beginning of another (either from island to island or 
across an inlet or the mouth of an estuary). Although generally 
following these rules, the exact delineation of each unit was 
determined individually because each was unique. The overview maps are 
provided for general guidance only and not as a definitive source for 
determining critical habitat boundaries.
    (a) Critical habitat boundaries. Critical habitat is designated to 
include the following areas:
    (1) LOGG-N-1--North Carolina Constricted Migratory Corridor and

[[Page 43035]]

Northern Portion of the North Carolina Winter Concentration Area. This 
unit contains constricted migratory and winter habitat. The unit 
includes the North Carolina constricted migratory corridor and the 
overlapping northern half of the North Carolina winter concentration 
area. We defined the constricted migratory corridor off North Carolina 
as the waters between 36[deg] N. lat. and Cape Lookout (approximately 
34.58[deg] N) from the edge of the Outer Banks, North Carolina, barrier 
islands to the 200-meter (m) (656 feet) depth contour (continental 
shelf). The constricted migratory corridor overlaps with the northern 
portion of winter concentration area off North Carolina. The east and 
western boundaries of winter habitat are the 20-m and 100-m (65.6 and 
328 feet) contours, respectively. The northern boundary of winter 
habitat starts at Cape Hatteras (35[deg]16' N) in a straight 
latitudinal line between 20- and 100-m (65.6-328 feet) depth contours 
and ends at Cape Lookout (approximately 34.58[deg] N).
    (2) LOGG-N-2--Southern Portion of the North Carolina Winter 
Concentration Area. This unit contains winter habitat only. The 
boundaries include waters between the 20- and 100-m (65.6 and 328 feet) 
depth contours between Cape Lookout to Cape Fear. The eastern and 
western boundaries of winter habitat are the 20-m and 100-m (65.6 and 
328 feet) contours, respectively. The northern boundary is Cape Lookout 
(approximately 34.58[deg] N). The southern boundary is a 37.5-km 
(23.25-mile) line that extends from the 20-m (65.6 feet) depth contour 
at approximately 33.47[deg] N, 77.58[deg] W (off Cape Fear) to the 100-
m (328 feet) depth contour at approximately 33.2[deg] N, 77.32[deg] W.
    (3) LOGG-N-3--Bogue Banks and Bear Island, Carteret and Onslow 
Counties, North Carolina. This unit contains nearshore reproductive 
habitat only. The unit consists of nearshore area from Beaufort Inlet 
to Bear Inlet (crossing Bogue Inlet) from the MHW line seaward 1.6 km.
    (4) LOGG-N-4--Onslow Beach (Marine Corps Base Camp Lejeune), 
Topsail Island and Lea-Huttaf Island, Onslow and Pender Counties, North 
Carolina. This unit contains nearshore reproductive habitat only. The 
unit consists of nearshore area from Browns Inlet to Rich Inlet 
(crossing New River Inlet and New Topsail Inlet) from the MHW line 
seaward 1.6 km (1.0 mile).
    (5) LOGG-N-5--Pleasure Island, Bald Head Island, Oak Island, and 
Holden Beach, New Hanover and Brunswick Counties, North Carolina. This 
unit contains nearshore reproductive habitat only. The unit consists of 
nearshore area from Carolina Beach Inlet around Cape Fear to Shallotte 
Inlet (crossing the mouths of the Cape Fear River and Lockwoods Folly 
Inlet), from the MHW line seaward 1.6 km.
    (6) LOGG-N-6--North, Sand, South and Cedar Islands, Georgetown 
County, South Carolina; Murphy, Cape, Lighthouse Islands and Racoon 
Key, Charleston County, South Carolina. This unit contains nearshore 
reproductive habitat only. The unit consists of nearshore area from 
North Inlet to Five Fathom Creek Inlet (crossing Winyah Bay, North 
Santee Inlet, South Santee Inlet, Cape Romain Inlet, and Key Inlet) 
from the MHW line seaward 1.6 km.
    (7) LOGG-N-7--Folly, Kiawah, Seabrook, Botany Bay Islands, Botany 
Bay Plantation, Interlude Beach, and Edingsville Beach, Charleston 
County, South Carolina; Edisto Beach State Park, Edisto Beach, and Pine 
and Otter Islands, Colleton County, South Carolina. This unit contains 
nearshore reproductive habitat only. The unit consists of nearshore 
area from Lighthouse Inlet to Saint Helena Sound (crossing Folly River, 
Stono, Captain Sam's, North Edisto, Frampton, Jeremy, South Edisto and 
Fish Creek Inlets) from the MHW line seaward 1.6 km.
    (8) LOGG-N-8--Harbor Island, Beaufort County, South Carolina. This 
unit contains nearshore reproductive habitat only. The unit consists of 
nearshore area from Harbor Inlet to Johnson Inlet from the MHW line 
seaward 1.6 km.
    (9) LOGG-N-9--Little Capers, St. Phillips, and Bay Point Islands, 
Beaufort County, South Carolina. This unit contains nearshore 
reproductive habitat only. The unit consists of nearshore area from 
Pritchards Inlet to Port Royal Sound (crossing Trenchards Inlet and 
Morse Island Creek Inlet East) from the MHW line seaward 1.6 km.
    (10) LOGG-N-10--Little Tybee Island, Chatham County, Georgia: This 
unit contains nearshore reproductive habitat only. The boundaries of 
this unit are from Tybee Creek Inlet to Wassaw Sound from the MHW line 
seaward 1.6 km.
    (11) LOGG-N-11--Wassaw Island, Chatham County, Georgia: This unit 
contains nearshore reproductive habitat only. The boundaries of the 
unit are from Wassaw Sound to Ossabaw Sound from the MHW line seaward 
1.6 km.
    (12) LOGG-N-12--Ossabaw Island, Chatham County, Georgia; St. 
Catherines Island, Liberty County, Georgia; Blackbeard and Sapelo 
Islands, McIntosh County, Georgia: This unit contains nearshore 
reproductive habitat only. The boundaries of this unit are nearshore 
areas from the Ogeechee River to Deboy Sound (crossing St. Catherines 
Sound, McQueen Inlet, Sapelo Sound, and Cabretta Inlet) extending from 
the MHW line and seaward 1.6 km.
    (13) LOGG-N-13--Little Cumberland Island and Cumberland Island, 
Camden County, Georgia: This unit contains nearshore reproductive 
habitat only. The boundaries of this unit are nearshore areas from St. 
Andrew Sound to the St. Marys River (Crossing Christmas Creek) from the 
MHW line seaward 1.6 km (1.0 mile).
    (14) LOGG-N-14--Southern Boundary of Kathryn Abbey Hanna Park to 
Mantanzas Inlet, Duval and St. Johns Counties, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from the south boundary of Kathryn Abbey Hanna 
Park to Matanzas Inlet (crossing St. Augustine Inlet) from the MHW line 
seaward 1.6 km.
    (15) LOGG-N-15--Northern Boundary of River to Sea Preserve at 
Marineland to Granada Blvd., Flagler and Volusia Counties, Florida: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from the north boundary of River to Sea 
Preserve at Marineland to Granada Boulevard in Ormond Beach from the 
MHW line seaward 1.6 km.
    (16) LOGG-N-16--Canaveral National Seashore to 28.70[deg] N, 
80.66[deg] W near Titusville, Volusia and Brevard Counties, Florida: 
This unit contains nearshore reproductive habitat only. Boundaries of 
the unit are nearshore areas from the north boundary of Canaveral 
National Seashore to 28.70[deg] N, 80.66[deg] W near Titusville (at the 
start of the Titusville-Floridana Beach concentrated breeding area) 
from the MHW line seaward 1.6 km.
    (17) LOGG-N-17--Titusville to Floridana Beach Concentrated Breeding 
Area, Northern Portion of the Florida Constricted Migratory Corridor, 
Nearshore Reproductive Habitat from 28.70[deg] N, 80.66[deg] W near 
Titusville to Cape Canaveral Air Force Station; and Nearshore 
Reproductive Habitat from Patrick Airforce Base and Central Brevard 
Beaches, Brevard County, Florida: This unit includes overlapping areas 
of nearshore reproductive habitat, constricted migratory habitat, and 
breeding habitat. The concentrated breeding habitat area is from the 
MHW line on shore at 28.70[deg] N, 80.66[deg] W near Titusville to 
depths less than 60 m and extending south to Floridana Beach. This 
overlaps with waters in the northern portion of the Florida constricted 
migratory corridor, which begins at the tip of Cape Canaveral Air

[[Page 43036]]

Force Station (28.46[deg] N. lat.) and ends at Floridana beach, 
including waters from the MHW line on shore to the 30-m contour line. 
Additionally, the above two habitat areas overlap with two nearshore 
reproductive habitat areas. The first begins near Titusville at 
28.70[deg] N, 80.66[deg] W to the south boundary of the Cape Canaveral 
Air Force Station/Canaveral Barge Canal Inlet from the MHW line seaward 
1.6 km. The second begins at Patrick Air Force Base, Brevard County, 
through the central Brevard Beaches to Floridana Beach from the MHW 
line seaward 1.6 km.
    (18) LOGG-N-18--Florida Constricted Migratory Corridor from 
Floridana Beach to Martin County/Palm Beach County Line; Nearshore 
Reproductive Habitat from Floridana Beach to the south end of Indian 
River Shores; Nearshore Reproductive Habitat from Fort Pierce inlet to 
Martin County/Palm Beach County Line, Brevard, Indian River and Martin 
Counties, Florida--This unit contains nearshore reproductive habitat 
and constricted migratory habitat. The unit contains a portion of the 
Florida constricted migratory corridor, which is located in the 
nearshore waters from the MHW line to the 30-m contour off Floridana 
Beach to the Martin County/Palm Beach County line. This overlaps with 
two nearshore reproductive habitat areas. The first nearshore 
reproductive area includes nearshore areas from Floridana Beach to the 
south end of Indian River Shores (crossing Sebastian Inlet) from the 
MHW line seaward 1.6 km. The second nearshore reproductive habitat area 
includes nearshore areas from Fort Pierce inlet to Martin County/Palm 
Beach County line (crossing St. Lucie Inlet) from the MHW line seaward 
1.6 km.
    (19) LOGG-N-19--Southern Florida Constricted Migratory Corridor; 
Southern Florida Concentrated Breeding Area; and Six Nearshore 
Reproductive Areas: Martin County/Palm Beach County line to Hillsboro 
Inlet, Palm Beach and Broward Counties, Florida; Long Key, Bahia Honda 
Key, Woman Key, Boca Grande Key, and Marquesas Keys, Monroe County, 
Florida--This unit contains nearshore reproductive habitat, constricted 
migratory habitat, and breeding habitat. The unit contains the southern 
Florida constricted migratory corridor habitat, overlapping southern 
Florida breeding habitat, and overlapping nearshore reproductive 
habitat. The southern portion of the Florida concentrated breeding area 
and the southern Florida constricted migratory corridor are both 
located in the nearshore waters starting at the Martin County/Palm 
Beach County line to the westernmost edge of the Marquesas Keys 
(82.17[deg] W. long.), with the exception of the waters under the 
jurisdiction of NAS Key West. The seaward border then follows the 200-m 
contour line to the westernmost edge at the Marquesas Keys. The 
overlapping nearshore reproductive habitat includes nearshore waters 
starting at the Martin County/Palm Beach County line to Hillsboro Inlet 
(crossing Jupiter, Lake Worth, Boyton, and Boca Raton Inlets) from the 
MHW line seaward 1.6 km; Long Key, which is bordered on the east by the 
Atlantic Ocean, on the west by Florida Bay, and on the north and south 
by natural channels between Keys (Fiesta Key to the north and Conch Key 
to the south), and has boundaries following the borders of the island 
from the MHW line seaward to 1.6 km; Bahia Honda Key, from the MHW line 
seaward 1.6 km; 4) Woman Key, from the MHW line and seaward to 1.6 km; 
5) Boca Grande Key, from the MHW line seaward to 1.6 km; 6) the 
Marquesas Keys unit boundary, including nearshore areas from the MHW 
line seaward to 1.6 km from four islands where loggerhead sea turtle 
nesting has been documented within the Marquesas Keys: Marquesas Key, 
Unnamed Key 1, Unnamed Key 2, and Unnamed Key 3.
    (20) LOGG-N-20--Dry Tortugas, Monroe County, Florida: This unit 
contains nearshore reproductive habitat only. The unit boundary 
includes nearshore areas from the MHW line and seaward to 1.6 km (1.0 
mile) from six islands where loggerhead sea turtle nesting has been 
documented within the Dry Tortugas. From west to east, these six 
islands are: Loggerhead Key, Garden Key, Bush Key, Long Key, Hospital 
Key, and East Key.
    (21) LOGG-N-21--Cape Sable, Monroe County, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from the MHW line and seaward to 1.6 km from 
the north boundary of Cape Sable at 25.25[deg] N, 81.17[deg] W to the 
south boundary of Cape Sable at 25.12[deg] N, 81.07[deg] W.
    (22) LOGG-N-22--Graveyard Creek to Shark Point, Monroe County, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are nearshore areas from Shark Point 
(25.39[deg] N, 81.15[deg] W) to Graveyard Creek Inlet from the MHW line 
seaward 1.6 km.
    (23) LOGG-N-23--Highland Beach, Monroe County, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of this 
unit are from First Bay to Rogers River Inlet from the MHW line seaward 
1.6 km.
    (24) LOGG-N-24--Ten Thousand Islands North, Collier County, 
Florida: This unit contains nearshore reproductive habitat only. The 
unit boundary includes nearshore areas from the MHW line seaward 1.6 km 
(1.0 mile) of nine keys where loggerhead sea turtle nesting has been 
documented within the northern part of the Ten Thousand Islands in 
Collier County in both the Ten Thousand Islands NWR and the Rookery Bay 
NERR.
    (25) LOGG-N-25--Cape Romano, Collier County, Florida: This unit 
contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from Caxambas Pass to Gullivan Bay from the 
MHW line seaward 1.6 km.
    (26) LOGG-N-26--Keewaydin Island and Sea Oat Island, Collier 
County, Florida: This unit contains nearshore reproductive habitat 
only. The boundaries of the unit are nearshore areas from Gordon Pass 
to Big Marco Pass from the MHW line seaward 1.6 km.
    (27) LOGG-N-27--Little Hickory Island to Doctors Pass, Lee and 
Collier Counties, Florida: This unit contains nearshore reproductive 
habitat only. The boundaries of the unit are nearshore areas from 
Little Hickory Island to Doctors Pass (crossing Wiggins Pass and Clam 
Pass) from the MHW line seaward 1.6 km.
    (28) LOGG-N-28--Captiva Island and Sanibel Island West, Lee County, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are nearshore areas from the north end of 
Captiva/Captiva Island Golf Club (starting at Redfish Pass and crossing 
Blind Pass) and along Sanibel Island West to Tarpon Bay Road, from the 
MHW line seaward 1.6 km.
    (29) LOGG-N-29--Siesta and Casey Keys, Sarasota County; Venice 
Beaches and Manasota Key, Sarasota and Charlotte Counties; Knight, Don 
Pedro, and Little Gasparilla Islands, Charlotte County; Gasparilla 
Island, Charlotte and Lee Counties; Cayo Costa, Lee County, Florida: 
This unit contains nearshore reproductive habitat only. The boundaries 
of this unit are nearshore areas from Big Sarasota Pass to Catliva Pass 
(crossing Venice Inlet, Stump Pass, Gasparilla Pass, and Boca Grande 
Pass), from the MHW line seaward 1.6 km.
    (30) LOGG-N-30--Longboat Key, Manatee and Sarasota Counties, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of this unit are the north point of Longboat Key at Longboat 
Pass to New Pass, from the MHW line seaward 1.6 km.

[[Page 43037]]

    (31) LOGG-N-31--St. Joseph Peninsula, Cape San Blas, St. Vincent, 
St. George and Dog Islands, Gulf and Franklin Counties, Florida: This 
unit contains nearshore reproductive habitat only. The boundaries of 
this unit are from St. Joseph Bay to St. George Sound (crossing Indian, 
West, and East Passes) from the MHW line seaward 1.6 km.
    (32) LOGG-N-32--Mexico Beach and St. Joe Beach, Bay and Gulf 
Counties, Florida: This unit contains nearshore reproductive habitat 
only. The boundaries of the unit are from the eastern boundary of 
Tyndall Air Force Base to Gulf County Canal in St. Joseph Bay from the 
MHW line seaward 1.6 km.
    (33) LOGG-N-33--Gulf State Park to FL/AL state line, Baldwin 
County, Alabama; FL/AL state line to Pensacola Pass, Escambia County, 
Florida: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are nearshore areas from the west boundary of 
Gulf State Park to the Pensacola Pass (crossing Perido Pass and the 
Alabama-Florida border) from the MHW line and seaward to 1.6 km.
    (34) LOGG-N-34--Mobile Bay--Little Lagoon Pass, Baldwin County, 
Alabama: This unit contains nearshore reproductive habitat only. The 
boundaries of the unit are nearshore areas from Mobile Bay Inlet to 
Little Lagoon Pass from the MHW line and seaward to 1.6 km.
    (35) LOGG-N-35--Petit Bois Island, Jackson County, Mississippi: 
This unit contains nearshore reproductive habitat only. The boundaries 
of the unit are nearshore areas from Horn Island Pass to Petit Bois 
Pass from the MHW line and seaward to 1.6 km.
    (36) LOGG-N-36--Horn Island, Jackson County, Mississippi: This unit 
contains nearshore reproductive habitat only. The boundaries of the 
unit are nearshore areas from Dog Keys Pass to the eastern most point 
of the ocean facing island shore from the MHW line and seaward to 1.6 
km (1.0 mile).
    (b) Physical or biological features essential for conservation. The 
physical or biological features (PBFs) and primary constituent elements 
(PCEs) essential for conservation of the Northwest Atlantic Ocean DPS 
of the loggerhead sea turtle are identified by habitat type below.
    (1) Nearshore Reproductive Habitat. We describe the PBF of 
nearshore reproductive habitat as a portion of the nearshore waters 
adjacent to nesting beaches that are used by hatchlings to egress to 
the open-water environment as well as by nesting females to transit 
between beach and open water during the nesting season. PCEs that 
support this habitat are the following:
    (i) Nearshore waters directly off the highest density nesting 
beaches, as identified in 78 FR 18000, March 25, 2013, to 1.6 km (1 
mile) offshore;
    (ii) Waters sufficiently free of obstructions or artificial 
lighting to allow transit through the surf zone and outward toward open 
water; and
    (iii) Waters with minimal manmade structures that could promote 
predators (i.e., nearshore predator concentration caused by submerged 
and emergent offshore structures), disrupt wave patterns necessary for 
orientation, and/or create excessive longshore currents.
    (2) Winter Habitat. We describe the PBF of the winter habitat as 
warm water habitat south of Cape Hatteras near the western edge of the 
Gulf Stream used by a high concentration of juveniles and adults during 
the winter months. PCEs that support this habitat are the following:
    (i) Water temperatures above 10 [deg]C from November through April;
    (ii) Continental shelf waters in proximity to the western boundary 
of the Gulf Stream; and
    (iii) Water depths between 20 and 100 m.
    (3) Breeding Habitat. We describe the PBF of concentrated breeding 
habitat as those sites with high concentrations of both male and female 
adult individuals during the breeding season. PCEs that support this 
habitat are the following:
    (i) High concentrations of reproductive male and female 
loggerheads;
    (ii) Proximity to primary Florida migratory corridor; and
    (iii) Proximity to Florida nesting grounds.
    (4) Migratory Habitat. We describe the PBF of constricted migratory 
habitat as high use migratory corridors that are constricted (limited 
in width) by land on one side and the edge of the continental shelf and 
Gulf Stream on the other side. PCEs that support this habitat are the 
following:
    (i) Constricted continental shelf area relative to nearby 
continental shelf waters that concentrate migratory pathways; and
    (ii) Passage conditions to allow for migration to and from nesting, 
breeding, and/or foraging areas.
    (c) Areas not included in critical habitat. Critical habitat does 
not include the following particular areas where they overlap with the 
areas described in paragraph (a) of this section:
    (1) Pursuant to ESA section 4(a)(3)(B), all areas subject to the 
2008 Naval Air Station Key West Integrated Natural Resources Management 
Plan.
    (2) Pursuant to ESA section 3(5)(A)(i), all federally authorized or 
permitted man-made structures such as aids-to-navigation, boat ramps, 
platforms, docks, and pilings existing within the legal boundaries on 
[DATE 30 DAYS AFTER PUBLICATION DATE OF THE FINAL RULE].

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[FR Doc. 2013-17204 Filed 7-17-13; 8:45 am]
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