Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle, 46376-46570 [2023-14225]

Download as PDF 46376 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2022–0164; FF09E21000 FXES1111090FEDR 234] RIN 1018–BG81 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle Fish and Wildlife Service, Interior. ACTION: Proposed rule; announcement of public hearings. AGENCY: We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to designate critical habitat for five distinct population segments (DPSs) of the green sea turtle (Chelonia mydas) under the Endangered Species Act of 1973, as amended (ESA or Act). The five DPSs include the federally threatened North Atlantic, South Atlantic, and Central North Pacific DPSs and the federally endangered Central South Pacific and Central West Pacific DPSs. In total, approximately 8,870 acres (ac) (3,590 hectares (ha)) are proposed across 101 units in the States of Florida and Hawai1i; the territories of the U.S. Virgin Islands, American Samoa, and Guam; the commonwealths of Puerto Rico and the Northern Mariana Islands, and two USFWS-managed areas (Midway Islands and Palmyra Atoll). We also announce five public informational meetings and public hearings and the availability of a draft economic analysis of the proposed critical habitat designation for the terrestrial areas included in this proposed rule. Elsewhere in today’s Federal Register, the National Marine Fisheries Service (NMFS) is also proposing to designate specific areas in the marine environment as critical habitat for DPSs of the green sea turtle. DATES: Public informational meetings and public hearings: We will hold five public informational meetings followed by public hearings on: (1) Central North Pacific DPS— Hawai1i: August 10, 2023, from 6 p.m. to 8 p.m., Hawai1i-Aleutian time; (2) Central South Pacific DPS— Tutuila: August 16, 2023, from 6 p.m. to 8 p.m., Samoan time; (3) Central West Pacific DPS—Guam: August 21, 2023, from 6 p.m. to 8 p.m., Chamorro time; (4) Central West Pacific DPS—Saipan: August 23, 2023, from 6 p.m. to 8 p.m., Chamorro time; (5) North and South Atlantic DPSs— Florida, Puerto Rico and U.S. Virgin ddrumheller on DSK120RN23PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Islands: August 29, 2023, from 6 p.m. to 8 p.m., eastern time. Comment submission: We will accept comments received or postmarked on or before October 17, 2023. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. eastern time on the closing date. ADDRESSES: Public informational meetings and public hearings: • For the Central North Pacific DPS, the North Atlantic DPS, and the South Atlantic DPS: We are holding public informational meetings and public hearings via the Zoom online video platform and via teleconference so that participants can attend remotely. • For the Central South Pacific DPS and Central West Pacific DPS: We are holding public informational meetings and public hearings in-person on Tutuila (Central South Pacific DPS), Guam (Central West Pacific DPS), and Saipan (Central West Pacific DPS). For additional information, see Public Hearings, below, under SUPPLEMENTARY INFORMATION. Comment submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R4–ES–2022–0164, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on ‘‘Comment.’’ (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–R4–ES–2022–0164, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Information Requested, below, for more information). Availability of supporting materials: Supporting materials (such as the draft economic analysis and supporting Methodology document) are available on the USFWS’s website at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle, at https://www.regulations.gov at Docket No. FWS–R4–ES–2022–0164, or both. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 For the proposed critical habitat designation, the coordinates or plot points or both from which the maps are generated are included in the decision file for this proposed critical habitat designation and are available at https:// www.regulations.gov at Docket No. FWS–R4–ES–2022–0164 and on the USFWS’s website at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle. FOR FURTHER INFORMATION CONTACT: For the Central North Pacific, Central South Pacific, and Central West Pacific DPSs: Earl W. Campbell, Project Leader, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3–122, Honolulu, HI 96850; by telephone 808– 792–9400. For the North Atlantic and South Atlantic DPSs: Lourdes Mena, Classification and Recovery Division Manager, U.S. Fish and Wildlife Service, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by telephone 904–731–3134. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. Under the Act, when we determine that any species warrants listing as an endangered or threatened species, we are required to designate critical habitat, to the maximum extent prudent and determinable. Designations of critical habitat can be completed only by issuing a rule through the Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.). What this document does. This document proposes specific areas in the terrestrial environment as critical habitat for five DPSs of green sea turtle (hereafter referred to as ‘‘green turtle’’), which is a circumglobal reptile that is listed as a threatened species in the North Atlantic, South Atlantic, and Central North Pacific DPSs, and listed as an endangered species in the Central South Pacific and Central West Pacific DPSs. The proposed critical habitat areas occur in portions of two States (Florida and Hawai1i), three U.S. territories (U.S. Virgin Islands, American Samoa, and Guam), two U.S. E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules commonwealths (Puerto Rico and Northern Mariana Islands), and two areas (Midway Islands and Palmyra Atoll) administered by the Department of the Interior’s USFWS Refuge System. The basis for our action. Section 4(a)(3) of the Act requires the Secretary of the Interior (Secretary), to the maximum extent prudent and determinable, to designate critical habitat concurrent with listing. Section 3(5)(A) of the Act defines critical habitat 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 protections; 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. Section 4(b)(2) of the Act states that the Secretary must make the designation 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 impacts of specifying any particular area as critical habitat. Acronyms and Abbreviations Used in This Proposed Rule ddrumheller on DSK120RN23PROD with PROPOSALS2 For the convenience of the reader, listed below are some of the acronyms and abbreviations used in this proposed rule: Act = Endangered Species Act BAFS = Bellows Air Force Station CNMI = Commonwealth of the Northern Mariana Islands Corps = U.S. Army Corps of Engineers DEA = draft economic analysis DHS = Department of Homeland Security DLNR = Department of Land and Natural Resources DNER = Department of Natural and Environmental Resources DoD = Department of Defense DPS = distinct population segment FDEP = Florida Department of Environmental Protection GDoAg = Guam Department of Agriculture GIS = geographic information system GTM = Guana Tolomato Matanzas HCP = habitat conservation plan HDLNR = Hawai1i Department of Land and Natural Resources HDOFAW = Hawai1i Division of Forestry and Wildlife HDSP = Hawai1i Division of State Parks IEM = incremental effects memorandum INRMP = integrated natural resources management plan IPCC = Intergovernmental Panel on Climate Change MHWL = mean high-water line NMFS = National Marine Fisheries Service VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 NOAA = National Oceanic and Atmospheric Administration NPS = U.S. National Park Service NWR = National Wildlife Refuge PBF = physical or biological features Service and USFWS = U.S. Fish and Wildlife Service SSA = species status assessment TNC = The Nature Conservancy USCCSP = U.S. Climate Change Science Program STXEEMP = St. Croix East End Marine Park USGS = U.S. Geological Survey UXO = unexploded ordnance Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) Specific information on: (a) The amount and distribution of green turtle basking habitat in the Central North Pacific DPS and nesting habitat in all five DPSs; (b) Any additional areas occurring within the range of the five DPSs of green turtles that should be included in the designation because they (i) are occupied at the time of listing and contain the physical or biological features (PBFs) that are essential to the conservation of the species and that may require special management considerations, or (ii) are unoccupied at the time of listing and are essential for the conservation of the species; (c) The boundaries of specific areas and proposed critical habitat units; (d) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and (e) Whether occupied areas are adequate for the conservation of the species, as this will help us evaluate the potential to include areas not occupied at the time of listing. Additionally, please provide specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one PBF essential to the conservation of the species. We also seek comments or information regarding whether areas not occupied at the time of listing qualify as habitat for the species. (2) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 46377 critical habitat, including information regarding the types of Federal actions that may trigger an ESA section 7 consultation and potential conservation measures to avoid and minimize impacts to the critical habitat designation that are different from those to avoid and minimize impacts to the species. (3) Information on the projected impacts of climate change on the green turtle’s proposed critical habitat. (4) Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the related benefits of including or excluding specific areas. (5) Information on the extent to which the description of probable economic impacts in the draft economic analysis (DEA) is a reasonable estimate of the likely economic impacts, including: (a) Whether any data used in the economic analysis needs to be updated; (b) Additional costs arising specifically from the designation of critical habitat that have not been identified in the DEA or improved cost estimates for activities that are included in the DEA; (c) Information on the potential for incremental costs to occur outside of the section 7 consultation process. These types of costs may include triggering additional requirements or project modifications under other laws or regulations, and perceptional effects on markets; and, (d) Information on non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, that may be indirectly impacted by the designation of critical habitat. (6) Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4(b)(2) of the Act, in particular those based on a conservation program or plan, and why. These may include Tribal, State/Territory/ Commonwealth, county, local, or private lands with permitted conservation plans covering the species in the area such as habitat conservation plans, safe harbor agreements, or conservation easements, or nonpermitted conservation agreements and partnerships that would be encouraged by designation of, or exclusion from, critical habitat. If you think we should exclude any additional areas, please provide information supporting a E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46378 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules benefit of exclusion. Detailed information regarding these plans, agreements, easements, and partnerships is also requested, including: (a) The location and size of lands covered by the plan, agreement, easement, or partnership; (b) The duration of the plan, agreement, easement, or partnership; (c) Who holds or manages the land; (d) What management activities are conducted; (e) What land uses are allowable; and (f) If management activities are beneficial to the green turtle and its habitat. (7) Information on any specific areas that we have identified as ‘‘uncategorized’’ land ownership in the three Pacific DPSs, or any information on possible private lands ownership in the South Atlantic DPS or within Puerto Rico in the North Atlantic DPS that may currently be included within territory ownership. (8) Whether the benefits of exclusion outweigh the benefits of inclusion as critical habitat for lands within the Indian River County Habitat Conservation Plan (HCP) that are considered for exclusion under section 4(b)(2) of the Act in this proposed rule. (9) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, do not provide substantial information necessary to support a determination. Section 4(b)(2) of the Act directs that the Secretary shall designate critical habitat on the basis of the best scientific data available. You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. Please note that we will address, in the USFWS’s final rule, only those comments directly related to the terrestrial areas (i.e., basking habitat in the Central North Pacific DPS, and nesting habitat in the Central North Pacific, Central South Pacific, Central West Pacific, North Atlantic, and South Atlantic DPSs) that VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 are described in this proposed critical habitat designation. Any comments related to NMFS’s proposed critical habitat designation of the green turtle’s marine environment, which published elsewhere in today’s Federal Register, should be provided to NMFS (available on the internet at https:// www.regulations.gov, NOAA–NMFS– 2023–0087). If you submit information via https:// www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on https://www.regulations.gov. Our final determination may differ from this proposal because we will consider all comments we receive during the comment period related to the proposed critical habitat designation in the terrestrial environment as well as any information that may become available after this proposal. Based on the new information we receive (and any comments on that new information), our final designation may not include all areas proposed, may include some additional areas that meet the definition of critical habitat, or may exclude some areas if we find the benefits of exclusion outweigh the benefits of inclusion and exclusion will not result in the extinction of the species. In our final rule, we will clearly explain our rationale and the basis for our final decision, including why we made changes, if any, that differ from this proposal. Public Hearings Section 4(b)(5) of the Act provides for a public hearing on this proposal, if requested. At this time, we have preemptively scheduled five public informational meetings and public hearings on this proposed rule. Each of these meetings will include both USFWS and NMFS, providing opportunities for participation regarding both our proposed critical habitat in the terrestrial environment (as described in this document) and the corresponding proposed critical habitat in the marine environment that NMFS has published elsewhere in today’s Federal Register (see https://www.regulations.gov, PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 NOAA–NMFS–2023–0087). We will hold the public informational meetings and public hearings on the dates and at the times listed above under Public informational meetings and public hearings in DATES. • For the Central North Pacific DPS, the North Atlantic DPS, and the South Atlantic DPS: We are holding public informational meetings and public hearings via the Zoom online video platform and via teleconference so that participants can attend remotely. For security purposes, registration is required. You must register in order to listen and view a hearing via Zoom, listen to the hearing by telephone, or provide oral public comments at a public hearing by Zoom or telephone. For information on how to register, or if remote participants encounter problems joining Zoom the day of the hearing(s), visit https://www.fws.gov/office/floridaecological-services/library/green-seaturtle. Registrants will receive the Zoom link and the telephone number for the public hearing that they request to attend. If applicable, interested members of the public not familiar with the Zoom platform should view the Zoom video tutorials (https://learnzoom.us/show-me) prior to the public hearing. • For the Central South Pacific DPS and Central West Pacific DPS: We are holding public informational meetings and public hearings in-person on Tutuila (Central South Pacific DPS), Guam (Central West Pacific DPS), and Saipan (Central West Pacific DPS). For information on meeting locations, visit https://www.fws.gov/office/floridaecological-services/library/green-seaturtle. The public hearings will provide interested parties an opportunity to present verbal testimony (formal, oral comments) regarding this proposed rule to designate critical habitat within basking habitat areas (only within the Central North Pacific DPS) and nesting habitat areas in all the DPSs (i.e., only the terrestrial environment used by green turtles). Informational meetings will be held prior to each public hearing for each of the DPSs. While public informational meetings will be opportunities for dialogue with the USFWS and NMFS, the public hearings are not. Rather, a public hearing is a forum for accepting formal verbal testimony. In the event there is a large attendance, the time allotted for oral statements may be limited. Therefore, anyone wishing to make an oral statement at a public hearing for the record is encouraged to provide a prepared written copy of their statement to us through the Federal eRulemaking E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 Portal, or U.S. mail (see ADDRESSES, above). There are no limits on the length of written comments submitted to us. Anyone wishing to make an oral statement at a public hearing must register before the hearing at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle. The use of virtual public hearings is consistent with our regulations at 50 CFR 424.16(c)(3). Reasonable Accommodation The USFWS is committed to providing access to the public informational meetings and public hearings for all participants. The virtual public informational meetings and public hearings held for the Central North Pacific DPS, the North Atlantic DPS, and the South Atlantic DPS will make closed captioning available during the meetings and hearings, and a full audio and video recording and transcript will be posted online at https://www.fws.gov/office/floridaecological-services/library/green-seaturtle. Additionally, participants will also have access to live audio during these public informational meetings and public hearings via their telephone or computer speakers. For the in-person public informational meetings and public hearings held for the Central South Pacific DPS and the Central West Pacific DPS, we will provide a transcript to be posted online at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle. Persons with disabilities requiring reasonable accommodations to participate in the meetings and/or public hearings should contact the relevant person listed under FOR FURTHER INFORMATION CONTACT at least 5 business days prior to the date of the hearing they wish to attend to help ensure availability. An accessible version of the USFWS’s public informational presentations provided at the beginning of the public informational meetings (prior to the public hearings) will also be posted online at https://www.fws.gov/office/ florida-ecological-services/library/greensea-turtle (see DATES, above). See https://www.fws.gov/office/floridaecological-services/library/green-seaturtle for more information about reasonable accommodation. Previous Federal Actions It is our intent to discuss only those topics directly relevant to the designation of critical habitat for the terrestrial environment used by green turtles within the associated DPSs in this document. For more information on the taxonomy, biology, and ecology of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 the green turtle or its habitat, refer to the final listing rule for the 11 green turtle DPSs published in the Federal Register on April 6, 2016 (81 FR 20058), available online at https:// www.regulations.gov (at Docket No. 120425024–6232–06). Additionally, for more information on the green turtle’s habitat in the marine environment, refer to NMFS’s proposed critical habitat designation for the marine environment that is published elsewhere in today’s Federal Register at https:// www.regulations.gov (NOAA–NMFS– 2023–0087). On January 8, 2020, the Center for Biological Diversity, Sea Turtle Oversight Protection, and Turtle Island Restoration Network (Plaintiffs) filed a complaint (Case 1:20–cv–00036) alleging that the USFWS and NMFS violated the Act by failing to comply with the statutory deadline for designating critical habitat for six DPSs listed on April 6, 2016 (81 FR 20058). On August 20, 2020, the parties entered into a stipulated settlement agreement, which was subsequently approved by the Court, whereby the USFWS and NMFS agreed to submit to the Federal Register proposed critical habitat designations for the six DPSs at issue in the complaint on or before June 30, 2023. In compliance with the settlement agreement, this document constitutes the proposed critical habitat designation for the five DPSs of green turtle where the USFWS has jurisdiction to designate critical habitat. Peer Review In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we are soliciting independent scientific review of this proposed critical habitat designation (including the supplemental ‘‘Methodology’’ document (USFWS 2023, entire) available on the internet at https://www.regulations.gov under Docket No. FWS–R4–ES–2022–0164 and at https://www.fws.gov/office/floridaecological-services/library/green-seaturtle) to ensure that this proposal is based on scientifically sound data and analysis. We have invited peer reviewers to comment on our specific assumptions, methodology, and science used in this proposed rule, and we will consider any comments received, as appropriate, before a final agency determination. Background Critical habitat is defined in section 3 of the Act as: PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 46379 (1) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (a) Essential to the conservation of the species, and (b) Which may require special management considerations or protection; and (2) Specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. Our regulations at 50 CFR 424.02 define the geographical area occupied by the species as an area that may generally be delineated around species’ occurrences, as determined by the Secretary (i.e., range). Such areas may include those areas used throughout all or part of the species’ life cycle, even if not used on a regular basis (e.g., migratory corridors, seasonal habitats, and habitats used periodically, but not solely, by vagrant individuals). Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring an endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. Critical habitat receives protection under section 7 of the Act through the requirement that each Federal action agency ensure, in consultation with the USFWS, that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of designated critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation also does not allow the government or public to access private lands. Such designation does not require implementation of restoration, recovery, or enhancement measures by non-Federal landowners. Rather, designation requires that, where a landowner requests Federal agency funding or authorization for an action E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46380 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules that may affect an area designated as critical habitat, the Federal agency consult with the USFWS under section 7(a)(2) of the Act. If the action may affect the listed species itself (such as for occupied critical habitat), the Federal agency would have already been required to consult with the Service even absent the designation because of the requirement to ensure that the action is not likely to jeopardize the continued existence of the species. Even if the USFWS were to conclude after consultation that the proposed activity is likely to result in destruction or adverse modification of the critical habitat, the Federal action agency and the landowner are not required to abandon the proposed activity, or to restore or recover the species; instead, they must implement ‘‘reasonable and prudent alternatives’’ to avoid destruction or adverse modification of critical habitat. Under the first prong of the Act’s definition of critical habitat, areas within the geographical area occupied by the species at the time it was listed are included in a critical habitat designation if they contain PBFs (1) which are essential to the conservation of the species and (2) which may require special management considerations or protection. For these areas, critical habitat designations identify, to the extent known using the best scientific and commercial data available, those PBFs that are essential to the conservation of the species (such as space, food, cover, and protected habitat). Under the second prong of the Act’s definition of critical habitat, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Further, our Policy on Information Standards Under the Endangered Species Act (published in the Federal Register on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106–554; H.R. 5658)), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 sources of information as the basis for recommendations to designate critical habitat. Our primary sources of information are described in the 2016 final listing rule for the 11 DPSs, new information available since that time as referenced in this document, as well as our supporting ‘‘Methodology’’ document available on the internet at https:// www.regulations.gov at Docket No. FWS–R4–ES–2022–0164 and on the USFWS’s website at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle. Additional information sources may include any generalized conservation strategy, criteria, or outline that may have been developed for the species; the recovery plan(s) for the species; articles in peer-reviewed journals; conservation plans developed by States and counties; scientific status surveys and studies; biological assessments; other unpublished materials; or experts’ opinions or personal knowledge. Habitat is dynamic, and species may move from one area to another over time. We recognize that critical habitat designated at a particular point in time may not include all of the habitat areas that we may later determine are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not be needed for recovery of the species. Areas that are important to the conservation of the species, both inside and outside the critical habitat designation, will continue to be subject to: (1) Conservation actions implemented under section 7(a)(1) of the Act; (2) regulatory protections afforded by the requirement in section 7(a)(2) of the Act for Federal agencies to ensure their actions are not likely to jeopardize the continued existence of any endangered or threatened species; and (3) the prohibitions found in section 9 of the Act. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. These protections and conservation tools will continue to contribute to recovery of the species. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, HCPs, or other species conservation planning efforts if new information available at the time of those planning efforts calls for a different outcome. PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 Prudency and Determinability Section 4(a)(3) of the Act, as amended, and implementing regulations (50 CFR 424.12) require that, to the maximum extent prudent and determinable, the Secretary shall designate critical habitat at the time the species is determined to be an endangered or threatened species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary may, but is not required to, determine that a designation would not be prudent in the following circumstances: (i) The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species; (ii) The present or threatened destruction, modification, or curtailment of a species’ habitat or range is not a threat to the species, or threats to the species’ habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7(a)(2) of the Act; (iii) Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; (iv) No areas meet the definition of critical habitat; or (v) The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available. As discussed in the final listing rule published in Federal Register (81 FR 20058, April 6, 2016) and reaffirmed here, identification and mapping of critical habitat is not expected to initiate or increase the threat of collection or vandalism (Factor B) of green turtles in the terrestrial environment. The present or threatened destruction, modification, or curtailment of habitat or range is a threat to green turtles, and those threats in some way can be addressed by section 7(a)(2) consultation measures. Additionally, although the species is circumglobal and thus occurs outside of the United States, the areas within the jurisdiction of the United States serve a significant conservation value to the species for each of the five DPSs. Our analysis of the best available scientific and commercial information indicates there are areas within the range of each of the five DPSs in the United States that meet the definition of critical habitat. Therefore, because none of the circumstances enumerated in our regulations at 50 CFR 424.12(a)(1) have been met and because the Secretary has not identified other circumstances for E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for the green turtle. This document addresses the designation of critical habitat within the green turtle’s terrestrial environment for the five DPSs. Physical or Biological Features Essential to the Conservation of the Species In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas we will designate as critical habitat from within the geographical area occupied by the species at the time of listing, we consider the PBFs that are essential to the conservation of the species and which may require special management considerations or protection. The regulations at 50 CFR 424.02 define ‘‘physical or biological features essential to the conservation of the species’’ as the features that occur in specific areas and that are essential to support the lifehistory needs of the species, including, but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity. For example, physical features essential to the conservation of the species might include gravel of a particular size required for spawning, alkaline soil for seed germination, protective cover for migration, or susceptibility to flooding or fire that maintains necessary earlysuccessional habitat characteristics. Biological features might include prey species, forage grasses, specific kinds or ages of trees for roosting or nesting, symbiotic fungi, or absence of a particular level of nonnative species consistent with conservation needs of the listed species. The features may also be combinations of habitat characteristics and may encompass the relationship between characteristics or the necessary amount of a characteristic essential to support the life history of the species. In considering whether features are essential to the conservation of the species, we may consider an appropriate quality, quantity, and spatial and temporal arrangement of habitat characteristics in the context of the lifehistory needs, condition, and status of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 the species. These characteristics include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing (or development) of offspring; and habitats that are protected from disturbance. We derive specific PBFs essential for the green turtle’s terrestrial environment from studies of this species’ habitat, ecology, and life history as described below. Additional information is in the final listing rule published in the Federal Register on April 6, 2016 (81 FR 20058), and the Status Review of the Green Turtle (Chelonia mydas) Under the Endangered Species Act (Seminoff et al. 2015, entire). Based on recovery criteria described in the Recovery Plan for U.S. Population of Atlantic Green Turtle (NMFS and USFWS 1991, entire), the Recovery Plan for U.S. Pacific Populations of the Green Turtle (NMFS and USFWS 1998, entire), and the Status Review of the Green Turtle (Chelonia mydas) Under the Endangered Species Act (Seminoff et al. 2015, entire), we have determined that it is important to conserve the following terrestrial environments for green turtles: (1) Beaches that have the greatest aggregation, numerically, considering number of crawls (turtle tracks) counted on a beach, or clumping of nests, tracks, crawl occurrences, or numbers of basking green turtles determined from a GIS analysis of the best available scientific data, or USFWS consideration of records documenting turtle nesting and basking activities (the latter only in the Central North Pacific DPS) in each of the five DPSs, or the beaches serve as internesting habitats with the greatest aggregation of nesting for the DPSs, and they are well distributed within each DPS and representative of total nesting within the DPS. Additionally, these areas include ‘‘important nesting’’ areas for all DPSs and ‘‘important basking areas’’ for the Central North Pacific DPS as determined by a review of recovery plans, 5-year reviews, and best available science. See also our detailed methodology document (USFWS 2023, entire) available as supporting material at https://www.regulations.gov at Docket No. FWS–R4–ES–2022–0164). (2) Beaches with the most basking turtles when compared with other available beaches in the Central North Pacific DPS. (3) Beaches that have a geographic spatial distribution of nesting to ensure protection of genetic diversity. PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 46381 (4) Beaches that can serve as expansion areas and provide sufficient habitat for internesting (i.e., areas that support placement of multiple nests by individual turtles along an undefined stretch of beach during a nesting season), and basking turtles as populations recover. Generally, for areas where the greatest nesting occurs (Florida), we determined the average nest density (nests/year/ kilometer (km)) per surveyed beach using a 10-year nesting dataset (2011– 2020). Any surveyed beach with zero total nests was removed from further analysis. Within each management unit, average beach densities were separated into quartiles—four parts, each containing a quarter of the density values—to develop density classifications. For other areas outside of Florida with less available data or infrequent surveys (i.e., all DPSs except the Florida portion of the North Atlantic DPS), we conducted extensive literature reviews, and obtained and used available survey data from states, territories, commonwealths, and other organizations. We made determinations based on review of this best available science of where the green turtles are aggregating in abundance for nesting and basking, designating critical habitat segments along those important areas. Sites for Breeding, Reproduction, or Rearing (or Development) of Offspring A successful reproductive season for green turtles relies on synergism of (1) effects of foraging area ecological conditions on the energetics of females (they have gained sufficient nutrition, including internal fat stores, to migrate and mobilize fats into eggs), and (2) beach environmental conditions facilitating female turtle emergence onto and travel across the beach to an area above the high tidelines for nest placement. These beaches must be able to support development of embryos, hatching of eggs, hatchling emergence from eggs and sand substrate, and hatchlings traversing across sand to sea. Female green turtles migrate to nesting beaches if the quality and quantity of food in foraging areas are sufficient to provide nutritional resources needed for resource build-up within individual turtles over time required for their reproductive cycle, including migration (Georges et al. 1993, p. 2). Foraging likely contributes to increases of neutral, or storage sub-carapacial fat, fueling energetically costly migration and egg production (Kwan 1994, p. 257). Suitable beach structure for digging (Georges et al. 1993, p. 2) and nearby terrestrial internesting habitat (i.e., sufficient availability of habitat to E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46382 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules support turtles nesting multiple times in a season and across different select areas of the beach landscape) is also required. Environmental surface and subsurface conditions of nesting beaches must favor embryonic development and survival (i.e., modest temperature fluctuation to allow for temperaturedependent sex determination, adequate humidity so eggs are not desiccated, and exchange of water, oxygen, and carbon dioxide with other eggs in the clutch and surrounding environment (Ackerman 1997, entire; Mrosovsky and Yntema 1980, p. 276; Mortimer 1982, p. 49; Mortimer 1990, pp. 809 and 811). Additionally, hatchlings must emerge to onshore and offshore conditions that enhance their chances of survival (e.g., less than 100 percent depredation, appropriate offshore currents for dispersal) (Georges et al. 1993, p. 2). Terrestrial nesting habitat is the supralittoral zone, or area above the spring high tide line of beaches (West 2004, p. 572), where oviposition (egg laying), embryonic development, hatching, hatchling emergence through sand substrate to the beach surface, and the initial hatchling transit across the sand to sea occur. For instance, in Raudal, Mexico, low-sloped beaches including vegetated dunes where the distance between the ocean and the supralittoral zone is no greater than 66 feet (ft) (20 meters (m)) are most frequently chosen for nesting by green turtles (Zavaleta-Liza´rraga et al. 2013, p. 934). On beaches from Patrick Space Force Base southward through the Archie Carr National Wildlife Refuge (NWR) in Brevard County, Florida, sea turtle nests occur in the sand within a swath greater than 3.3 ft (1 m) seaward from the dune line (generally defined where primarily sea oat (Uniola paniculata) vegetation is most seaward) and inland over 10 ft (3 m) from this dune line. Green turtles occasionally will nest on dunes. During a 3-year study conducted between 2014–2016, within two different study sections of natural beach in Archie Carr NWR, 11.7 percent and 17.9 percent of the nesting occurrences were on the dune, respectively, with the remaining nests placed seaward of the dunes (University of Central Florida Marine Turtle Research Group 2016, unpublished data; Mansfield 2022, pers. comm.). In an additional study during 2016, 30.2 percent of marked green turtle study nests were placed landward of the dune line (University of Central Florida Marine Turtle Research Group 2016, unpublished data; Mansfield 2022, pers. comm.). For a beach to serve as nesting habitat, a nesting turtle must be able to access VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 it; however, anthropogenic structures (e.g., groins, jetties, breakwaters, retaining walls, hardened embankments), as well as natural features (e.g., offshore sand bars, hardened shorelines) can act as barriers or deterrents to adult females attempting to access a beach (Seminoff et al. 2015, p. 93). Adult females approaching nesting beaches may encounter these structures and either crawl around them, abort nesting for that night, or move to another section of beach to nest. Plastic marine debris washed up on highly polluted green turtle nesting beaches is a suspected barrier for turtle nesting success (the proportion of nesting attempts that result in a nest) and hatchling access to the sea and has potential to cause threats including entanglement and entrapment (Gu¨ndog˘du et al. 2019, p. 143). Increasingly abundant, large mats of sargasso macroalgae washed onto beaches have been barriers, impeding nesting turtle access on some areas of Mexico, Barbados, and Puerto Rico (Cha´vez et al. 2020, p. 2; Langin 2018, p. 1,157). While not a significant concern on other beaches (Rodrı´guezMartı´nez et al. 2021, pp. 1–7), this is an issue requiring further study on effects to green turtles. Both nesting and hatchling sea turtles are adversely affected by presence of artificial lighting on or near beaches (Witherington and Martin 2000, pp. 2– 5 and 12–13). Artificial lighting deters adult female green turtles from emerging from the ocean to nest, and green turtles emerging onto a beach abort nesting attempts at a greater frequency in lighted areas (Witherington 1992, pp. 34–37). Because adult females rely on visual brightness cues to find their way back to the ocean after nesting, those turtles that nest on artificially lighted beaches may become disoriented by artificial lighting and have difficulty finding their way back to the ocean (Witherington 1992, p. 38). Hatchling sea turtles have a robust seafinding behavior guided by visual cues (e.g., Mrosovsky and Carr 1967, pp. 228–230; Dickerson and Nelson 1989, pp. 41–43; Salmon et al. 1992, pp. 72–75; Lohmann et al. 1997, pp. 110–116; Lohmann and Lohmann 2003, pp. 45–47). Hatchlings unable to find the ocean, or delayed in reaching it, due to turtles’ strong attraction to artificial beachfront lighting visible on the nesting beach, are likely to incur high mortality from dehydration, exhaustion, or predation (Carr and Ogren 1960, pp. 33–46; Ehrhart and Witherington 1987, pp. 97– 98; Witherington and Martin 2000, pp. 12–13). In general, any artificial light PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 that can be seen from the beach could affect sea turtles, particularly if they are directly pointing to the nesting area; if the light fixture is not shaded to a certain degree; or if the light bulb emits a light below wavelengths that are generally amber, orange, or red. Therefore, green turtles need habitat that is dark and free from artificial lighting. Habitats Protected From Disturbance or Representative of the Historical, Geographic, and Ecological Distributions of the Species Sea turtle nesting habitat is part of the highly dynamic and continually shifting coastal system, which includes oceanfront beaches, barrier islands, and inlets. These geologically dynamic coastal regions are controlled by natural coastal processes, including littoral or longshore drift (processes by which sediments move along shorelines), onshore and offshore sand transport (natural erosion or accretion cycle), and tides and storm surge. These physical processes benefit sea turtles by maintaining nesting beaches through repeated cycles of destruction, alteration, and recovery of beaches and adjacent dune habitats. Coastal processes happen over a wide range of spatial and temporal scales. Wind, waves, tides, storms, and stream discharges are important driving forces in coastal zones (Dingler 2005, p. 163). Thus, it is important that, where it can be allowed, natural processes be maintained. Coastal dynamic processes will be affected by accelerated sea level rise and an increase in intensity of coastal storms resulting from climate change. Rates of sea level rise have increased beyond those that have occurred over recent millennia and continue to accelerate (Intergovernmental Panel on Climate Change (IPCC) 2021, p. 77). Over the period 1901 to 2018, global mean sea level rose by 0.7 ft (0.2 m) (likely range of 0.5 to 0.8 ft (0.15 to 0.25 m)) (IPCC 2021, p. 77). This rate of sea level rise is faster than during any century over the previous three millennia (high confidence) (IPCC 2021, p. 77). Expected sea level rise will increase the frequency and height of high-water events, such as storm surge and high tide flooding, which contributes to coastal erosion (Sweet et al. 2022, p. 28). Nationally, the frequency of moderate high tide flooding events (approximately 2.8 ft (0.85 m) above current mean higher high water) in 2050 is expected to be 10 times greater than in 2020 (Sweet et al. 2022, pp. 41–42). Sea level rise also contributes to increased wave heights during storm E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules events (Sweet et al. 2022, p. 41) risking erosion of exposed beaches. Extreme wave heights have increased in the North Atlantic by around 0.3 inch (in) (0.8 centimeter (cm)) per year over the period 1985 to 2018 (medium confidence) (IPCC 2019, p. 67). Green sea turtles are vulnerable to inundation and erosion of sandy beaches, which is typically caused or accelerated by climate-driven sea level rise (Fish et al. 2005, entire; Hawkes et al. 2009, entire; Poloczanska et al. 2009, p. 167; Seminoff et al. 2015, p. 325; Vousdoukas et al. 2020, entire). Shorelines are expected to undergo dramatic reconfigurations over the next century because of accelerating sea level rise (U.S. Climate Change Science Program (USCCSP) 2009, pp. 13, 44, 50). Sandy beaches serving as habitat for green turtles will likely be locally or regionally inundated or eroded, but replacement habitats are likely to reform along the shoreline in its new position (Scavia et al. 2002, p. 152; USCCSP 2009, p. 186). However, if shorelines experience a decades-long period of high instability and landward migration (i.e., under higher rates of sea level rise), the formation rate of new beach habitats may be slower than the rate of loss of existing habitats (Iwamura et al. 2013, p. 6). Additionally, lowlying and narrow islands, such as those along the U.S. Gulf and Atlantic coasts, may disintegrate rather than migrate (Titus 1990, p. 67; IPCC 2014, p. 15), representing a net loss of green turtle habitat. Sea turtles evolved in a dynamic ecosystem, and they are dependent upon the ever-changing beach features for their continued survival and recovery. Sea turtles require nesting beaches where natural coastal processes, or activities that mimic these natural processes, will be able to continue well into the future to allow formation of suitable beaches for nesting. However, climate-driven change that may be accelerated, or result in permanent habitat loss, may present a challenge beyond evolutionary adaptations of green turtles and other species reliant on these dynamic coastal habitats. As climate change is occurring and affecting shorelines, additional types of green turtle habitat to consider as important nesting areas are artificially created or maintained habitat, including beach renourishment and dune restorations, that mimic natural conditions. Artificial habitat types mimic natural conditions described above for nesting beach access, nest site selection, nest construction, egg deposition and incubation, hatchling emergence through the sand substrate to VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 the beach surface and movement across the beach to sea. Habitat modification and loss occurs with beach stabilization activities that prevent natural transfer, erosion, and accretion of sediments along ocean shorelines. Beach stabilization efforts that may impact green turtle nesting include beach renourishment and dune restoration, sediment dredging and disposal, inlet channelization, and construction of jetties and other hard structures. However, when sand placement activities result in beach habitat that mimics natural beach habitat conditions, impacts to sea turtle nesting habitat are minimized. Also, any projects that address erosion or shoreline protection should contain measures to reduce negative effects or be temporary in nature, so they may have fewer impacts on green turtles. Therefore, green turtles need habitat that is dynamic by nature and facilitates sand movement, allowing for successful nesting within natural habitats or, if necessary, artificially created habitats that mimic natural beaches and support successful sea turtle nesting. Sites for Basking (Central North Pacific DPS) Basking, where green turtles emerge from the water onto exposed land, is an overall rare green turtle behavior but one that is observed in the Hawaiian archipelago (Central North Pacific DPS), Galapagos Islands, and Australia. It is possible that basking is an adaptive response to cooler thermal environments by raising core body temperatures and escaping ocean predation pressure in those regions (Whittow and Balazs 1982, pp. 133–138; Green 1998, p. 64; Limpus 2008, p. 15). This behavior has been anecdotally linked to escaping tiger shark predation in French Frigate Shoals (Lalo) (Whittow and Balazs 1982, p. 138). Green turtles in the Central North Pacific DPS use terrestrial habitats such as gradually sloping beaches (sandy, corally, or gravel substrate), emergent sandy lands, sand spits, low shelving reef rocks, or sand supplemented restoration areas that are accessible from the ocean. These basking areas are free of obstacles that impede green turtles from coming ashore. Although many areas may be accessible for basking, certain areas of coastline are more often used by green turtles in the Central North Pacific DPS for this activity. These areas may be located close to preferred foraging and internesting areas to allow for relatively undisturbed periods. For the Central North Pacific DPS, basking areas are defined as natural and artificial coastlines that are PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 46383 accessible to green turtles and used regularly or intermittently. Basking areas are essential to the Central North Pacific DPS of green turtles because these areas provide space that supports natural behaviors important to health and development, such as resting and thermoregulation. Therefore, green turtles in the Central North Pacific DPS need unobstructed access to land out of the water to emerge onto. Summary of Essential Physical or Biological Features (PBFs) We derive the specific PBFs essential to the conservation of green turtle within its terrestrial environment from studies of the species’ habitat, ecology, and life history as described below. We have determined that green turtles need terrestrial habitat areas where natural coastal processes will be able to continue well into the future to allow for the landward migration of coastlines in response to sea level rise. Therefore, based on the information above, we identify terrestrial areas that support natural coastal processes, as well as localized areas where artificially created, maintained, or enhanced habitat supports important green turtle nesting or basking areas, as PBFs for the species. These features are as follows: (1) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics described herein. These beaches include: (a) Habitat for green turtles to transit across beaches and for nest placement that includes: (i) relatively unimpeded wet and dry sand or nearshore access areas from the ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings and (ii) drier sand areas located above mean high water in the supralittoral zone to avoid being inundated frequently by high tides. (b) Sand substrate that (i) allows for suitable nest construction, (ii) is suitable for facilitating gas diffusion conducive to embryo development, (iii) can develop and maintain temperatures and a moisture content conducive to embryo development, and (iv) allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface. (2) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and postnesting females can orient to the sea. E:\FR\FM\19JYP2.SGM 19JYP2 46384 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (3) Natural coastal processes or artificially created or maintained habitat mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in PBFs 1 and 2 above for beach access, nest site selection, nest construction, egg deposition and incubation, and hatchling emergence and movement to the sea. (4) Within the range of the Central North Pacific DPS, basking habitat that includes access to natural and artificial coastlines with gradually sloping beaches (sandy, corally, or gravel substrate), emergent sandy lands, sand spits, low shelving reef rocks, as well as relatively unimpeded nearshore access from the ocean to the beach. Special Management Considerations or Protection When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. The features essential to the conservation of green turtles may require special management considerations or protection to reduce the threats to the species. Threats to the green turtle are described in the final listing rule for each of the five DPSs (81 FR 20058, April 6, 2016; pp. 20077–20079, 20081– 20083), noting that some information/ descriptions/references used herein are new since the final listing determination. The threats and associated special management considerations or protection addressed in this document are specific to the PBFs. For green turtle habitat in the terrestrial environment, we grouped primary threats to the PBFs that may require special management considerations or protection into the following 12 threat categories. Each of these threats and associated special management considerations or protection are summarized below. (1) Climate change, including sea level rise, changes in sand temperature, and increase in storm frequency. Potential impacts of climate change to the five DPSs include loss of habitat and nests due to beach erosion and repeated inundation caused by rising sea levels and more frequent, intense storm events; and skewed hatchling sex ratios from rising incubation temperatures (Fish et al. 2005, pp. 489–490; Fish et al. 2008, p. 336; Fuentes et al. 2010, entire; Fuentes et al. 2020, entire; Grose et al. 2020, pp. 547–548; Hawkes et al. 2009, pp. 139–141; Poloczanska et al. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 2009, pp. 164–175). Examples of special management considerations or protection that could mitigate for threats of changing climate, including sea level rise, changes in sand temperature, and increase in storm frequency may include (but not be limited to): conducting coastal sand placement to retain sand on beaches for turtle nesting, hatching and hatchling emergence, and traversing the sand; and conducting restoration and debris cleanup after storms. (2) Recreational beach use, including human presence (e.g., beaches allowing dogs and special events), mechanized beach cleaning, and beach driving, the latter including essential and nonessential off-road vehicles, allterrain vehicles, and recreational access and use. Human presence on beaches at night during green turtle nesting seasons can reduce the quality of nesting habitat by deterring or disturbing nesting turtles and causing them to avoid otherwise suitable habitat. Mechanical beach cleaning with vehicles and associated equipment reduces natural sandtrapping abilities of beaches and contributes to their destabilization (Defeo et al. 2009, p. 3), as well as displaces sand that turtles rely on, including lowering the substrate and changing beach topography (Nelson Sella and Fuentes 2019, p. 186). Beach driving reduces green turtle nesting habitat quality by creating vehicle ruts, increased sand compaction, and increased erosion (Hosier et al. 1981, p. 160; Cox et al. 1994, p. 27; Hughes and Caine 1994, p. 237; Mann 1977, p. 96), and nighttime driving can deter females from nesting, disorient hatchlings, and can cause direct mortality by vehicle encounters. Examples of special management considerations or protection that could reduce the threat of recreational beach use may include (but not be limited to): implementing and enforcing policies that restrict unleashed pets during nesting season, conducting cleaning activities seaward of the high tide line and only during the day, and reducing vehicular beach access hours during the sea turtle nesting season. In the North Atlantic DPS, mechanized beach cleaning is common along the Florida coast but uncommon in Puerto Rico. Large-scale mechanized beach cleaning has occurred in Puerto Rico associated with hurricane debris management such as after Hurricane Marı´a in 2017 and Hurricane Fiona in 2022; the same is true for the South Atlantic DPS regarding mechanized beach cleaning. However, this practice does not occur in the Pacific DPSs. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 (3) Nonnative vegetation. Nonnative vegetation may alter the canopy cover percentage, resulting in various incubation temperatures (Wheeler et al. 2011, p. 488), which impacts hatchling sex ratios. Roots, live trees or plants, or deadfall of nonnative vegetation can also create impediments to adult and hatchling turtles, as well as interfere with nest digging (Wheeler et al. 2011, p. 488). Examples of special management considerations or protection that could reduce the threat of nonnative vegetation may include (but not be limited to): conducting habitat restoration or management and enforcing rules to prevent invasive plants from being transported into the unit. (4) Terrestrial source debris on beaches and marine debris that washes ashore (e.g., recreational beach equipment, plastics, and recreational or industrial fishing gear). Terrestrial debris from beaches and marine debris that washes ashore (e.g., recreational beach equipment, plastics, derelict fishing gear) can deter green turtles from coming shore and also cause entanglement and entrapment of both adults and hatchlings. Examples of special management considerations or protection that could reduce the threat of terrestrial debris may include (but not be limited to): installing and maintaining fishing line recycling containers at fishing piers and beach entrances and conducting beach cleanups that remove potentially entangling debris. (5) Beach sand placement activities, including beach nourishment with associated beach, dune, or berm restoration, inlet sand bypassing, dredge material disposal, dune or berm construction, or emergency sand placement after natural disasters. Beach sand placement activities can include beach nourishment, beach restoration, inlet sand bypassing, dredge material disposal, dune construction, emergency sand placement after natural disaster, berm construction, and dune and berm planting. These types of activities can result in less suitable or unsuitable habitat for nesting turtles, such as sand compaction, and result in abandoned nesting attempts on nourished beaches (Trindell et al. 1998, p. 82; Ernest and Martin 1999, pp. 47–49; Herren 1999, p. 44). Examples of special management considerations or protection that could reduce the threat of beach sand placement activities may include (but not be limited to): restricting sand placement activities to occur outside of the nesting season and using beach quality sand suitable for sea turtle E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules nesting, successful incubation, and hatchling emergence. While threats to the terrestrial PBFs are similar in the Atlantic and the Pacific, some differences exist. For example, in the North Atlantic DPS, large-scale beach renourishment projects occur frequently on most beaches along the Florida coast, although they are conducted infrequently in Puerto Rico (with no activities occurring in Puerto Rico’s proposed green turtle critical habitat segments). However, beach renourishment projects occur infrequently in the South Atlantic DPS and the three Pacific DPSs. (6) Shoreline alterations and stabilization measures (e.g., erosion control structures, such as groins, breakwaters, or jetties; inlet relocation; inlet dredging; nearshore dredging; dredging and deepening channels; and sand mining). These in-water structures have profound effects on adjacent beaches (Kaufman and Pilkey 1979, p. 194). For example, following construction, the presence of jetties and groins may interfere with nesting turtle access to the beach, result in a change in beach profile and width (downdrift erosion, loss of sandy berms, and escarpment formation), trap hatchlings, and concentrate predatory fishes (Wilson et al. 2019, p. 577), resulting in higher probabilities of hatchling predation (although jetties and groins are known also to provide some benefits to beach habitat in some instances). Examples of special management considerations or protection that could reduce the threat of shoreline alterations and stabilization measures may include (but not be limited to): conducting dune restoration/enhancement and conducting beach renourishment. (7) Coastal development, including residential development, commercial development, and associated activities such as coastal armoring (e.g., seawalls, geotextile tubes, rock revetments, sandbags, emergency temporary armoring); and activities associated with construction, repair, and maintenance of upland structures, stormwater outfalls, and piers. Coastal development not only causes loss and degradation of suitable green turtle nesting habitat, but it also disrupts powerful coastal processes by accelerating erosion and interrupting the natural shoreline migration. This may in turn cause the need to protect upland structures and infrastructure by armoring (i.e., any rigid structure placed parallel to the shoreline on the upper beach to prevent both landward retreat of the shoreline and inundation or loss of upland property by flooding and wave action VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (Kraus and McDougal 1996, p. 692)). Armoring is known to cause changes in, additional loss of, or adverse impacts to the remaining sea turtle habitat (National Research Council 1990, p. 77; USFWS 2015, p. 51). Examples of special management considerations or protection that could reduce the threat of coastal development may include (but not be limited to): considering alternatives to coastal armoring, such as living shorelines, dune restoration/ enhancement, or beach renourishment; and encouraging State and local governments to adopt policies that support less coastal development and to employ full-time enforcement officers that can educate the public about coastal regulations and have the power to prosecute violations of local codes and laws. (8) Artificial lighting, including direct and indirect lighting, skyglow, and bonfires. Both nesting and hatchling sea turtles are adversely affected by the presence of artificial lighting on or near the beach (Windle et al. 2018, entire; Salmon 2003, entire; Witherington and Martin 2000, pp. 2–5). Because adult females rely on visual brightness cues to find their way back to the ocean after nesting, those turtles that nest on lighted beaches may become disoriented by artificial lighting and have difficulty finding their way back to the ocean (Brei et al. 2020, p. 302; Silva et al. 2017, entire). Although sea turtles prefer dark beaches for nesting, many do nest in lighted areas (Colman et al. 2020, pp. 1,146–1,147). In doing so, they place the lives of their offspring at risk as artificial lighting can impair the ability of hatchlings to properly orient to the ocean once they leave their nests (Witherington and Martin 2000, pp. 7– 13). Examples of special management considerations or protection that could reduce the threat of artificial lighting may include (but not be limited to): conducting work (construction or associated staging area for coastal or inwater work) during daylight hours to reduce turtle disturbance and prevent turtle attraction to artificial lights, and encouraging use of wildlife-friendly lighting in coastal areas for new construction or replacing existing lighting to reduce the direct and ambient lighting on the beach and reduce disorientation to nesting females and hatchlings. (9) Beach erosion, including erosion due to aperiodic, short-term weatherrelated erosion events, such as atmospheric fronts, northeasters, tropical storms, and hurricanes. Storm events and tsunamis can result in the direct loss of sea turtle nests, either by erosion or washing away of the nests by PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 46385 wave action and inundation or ‘‘drowning’’ of the eggs or preemergent hatchlings within the nest, or indirectly affect sea turtles by causing the loss of nesting habitat. Depending on their frequency, storms can affect sea turtles on either a short-term basis (nests lost for one season and temporary loss of nesting habitat) or a long-term basis (habitat unable to recover due to frequent storm events). Examples of special management considerations or protection that could reduce the threat of beach erosion may include (but not be limited to): implementing dune restoration projects to help contain sediment during storms and planting native vegetation to stabilize beach habitat. (10) Natural disasters such as cyclones, hurricanes, typhoons, and tsunamis and responses to disasters, such as debris removal and berm construction. These natural events have also been shown to cause severe beach erosion and likely have negatively affected hatching success at many green turtle nesting beaches, especially in areas already prone to erosion (Van Houtan and Bass 2007, entire). Any significant storm event that may develop could disrupt green turtle nesting activity and hatchling production (Van Houtan and Bass 2007, entire), but would be unlikely to result in whole-scale losses over multiple nesting seasons. However, when combined with the effects of sea level rise, there may be increased cumulative impacts from future storms (Baker et al. 2006, pp. 7–9). Examples of special management considerations or protection that could reduce the threat of naturally caused disasters may include (but not be limited to): conducting beach and dune restoration, conducting emergency berm construction and repair actions, including using beach quality sand suitable for nesting sea turtles during berm construction, and ensuring placement and design of berms that mimic the natural dune system. (11) Human-caused disasters and response to disasters, such as oil spills and oil cleanup activities. Oil spills in the vicinity of nesting beaches just prior to or during the nesting season place nesting females, incubating egg clutches, and hatchlings at significant risk of direct exposure to contaminants (Fritts and McGehee 1982, p. 38; Lutcavage et al. 1997, p. 395; Witherington 1999, p. 183) and result in negative effects to nesting habitat. Oil cleanup activities can also be harmful. For example, earth-moving equipment can dissuade females from nesting and destroy nests, containment booms can E:\FR\FM\19JYP2.SGM 19JYP2 46386 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 entrap hatchlings, and lighting from nighttime activities can misdirect turtles (Witherington 1999, p. 183). Examples of special management considerations or protection that could reduce the threat of human-caused disasters and response to disasters may include (but not be limited to): prohibiting placement of oil or fuel transfer stations near green turtle nesting beaches and ensuring communication with external partners on preferred response methodologies in areas where there are risks of oil spills in green turtle habitat. (12) Military testing and training activities, including troop presence, pyrotechnics and nighttime lighting, vehicles and amphibious watercraft usage on the beach, helicopter drops and extractions, live-fire exercises, placement and removal of objects on the beach, unexploded ordnance management, and space launch activities with associated artificial lighting infrastructure. The presence of soldiers and other personnel on the beach, particularly at night during nesting and hatching season, could result in harm or death to individual nesting turtles or hatchlings, as well as deter females from nesting. Basking green turtles could also be deterred from basking. Additionally, unexploded ordnances are still present from the military using these areas for bombing training in the past, and search and removal efforts in green turtle nesting and basking habitat can have impacts to the habitat through the removal of vegetation and creation of holes. Examples of special management considerations or protection that could reduce the threat of military testing and training activities and unexploded ordnance management may include (but not be limited to): timing training and missions outside nesting season or shifting the physical extent of activities to resolve location conflicts and filling in holes and restoring beach profiles to suitable conditions after ordnance removal or mission completion. Criteria Used To Identify Critical Habitat As required by section 4(b)(2) of the Act, we use the best scientific data available to designate critical habitat. In accordance with the Act and our implementing regulations at 50 CFR 424.12(b), we review available information pertaining to the habitat requirements of the species and identify specific areas within the geographical area occupied by the species at the time of listing and any specific areas outside the geographical area occupied by the species to be considered for designation as critical habitat. Within areas of the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 species’ range under U.S. jurisdiction, and following our evaluation of all suitable green turtle habitat within each of the five DPSs, we are not currently proposing to designate any areas outside the geographical area occupied by the species. We have not identified any unoccupied areas that meet the definition of critical habitat, and we have determined that the occupied areas are sufficient to promote the conservation of the species. A detailed step-down methodology was developed for identifying proposed critical habitat areas (see the supplemental ‘‘Methodology’’ document (USFWS 2023, entire) available on the internet at https://www.regulations.gov under Docket No. FWS–R4–ES–2022– 0164). In summary, for areas within the geographical area occupied by the species at the time of listing, specifically referring to May 6, 2016, which is the effective date for the April 6, 2016, final listing rule (81 FR 20058), we delineated critical habitat unit boundaries within the terrestrial environment and under U.S. jurisdiction where nesting has been documented annually (or documented regularly but not necessarily annually due to some outlying islands that are difficult to access), since the time the DPSs were listed in 2016 (81 FR 20058, April 6, 2016). This time-period represents the most recent and consistent data sets of nest or track (crawl) count surveys available from within the ranges of each DPS. Green turtles are a circumglobal species (NMFS and USFWS 1998, p. 1) that nest on sandy beaches, and in the Central North Pacific DPS also bask on sandy beaches and low-lying reef and rocks. Thus, sandy beaches and low-lying reef and rocks (the latter specifically in the Central North Pacific DPS) within the latitudinal range of the species, particularly in tropical or subtropical regions, could potentially host green turtles. Some of these areas are logistically remote and have never or rarely been surveyed; however, they were assumed to host green turtles at the time of listing because islands with similar geomorphology at similar latitudes have documented green turtle nesting and basking activity. For the three Pacific DPSs, we also relied on additional information to determine occupancy at the time of listing in remote areas and islands where surveys have not regularly occurred, both prior to and after the time of listing in 2016. Essentially, the strategy to designate critical habitat for the three Pacific DPSs differs from the two Atlantic DPSs due to: (1) limited data availability and quality; (2) the population size, site distribution, and PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 potential effects of lost habitat; and (3) the potential for habitat destruction or modification (e.g., development pressures, climate change, limited local support for green turtle conservation practices) (USFWS 2023, pp. 14–18). Overall, we used the following summarized criteria for determining proposed critical habitat for green turtle within the terrestrial environment: (1) We evaluated the two green turtle recovery plans that address the Central North Pacific, Central South Pacific, Central West Pacific, North Atlantic, and South Atlantic DPSs and considered those areas described in the plans as source beaches, primary nesting areas, important nesting beaches, and key nesting beaches (hereafter referred to as ‘‘important nesting beaches’’ (NMFS and USFWS 1998, entire; NMFS and USFWS 1991, entire)). Given these recovery plans are 25 and 32 years old, respectively, we also considered available new information and expert knowledge regarding these or other important areas within each of the DPSs. Designating these important nesting beaches supports the overarching conservation strategies described in the recovery plans for each of the DPSs. (2) We evaluated the best available information (e.g., literature, survey reports, information from partners and experts) to identify the extent of nesting beaches as the area from the mean highwater line (MHWL) to its deepest extent inland, including all beach crest vegetation and area behind the primary dune (if present) for features that provide for nesting, incubation, hatching, hatchling emergence from eggshells and through the sand substrate, and traversal across beaches. We also considered dry and wet sands leading back to the ocean to support hatchling transit to the sea in addition to allowing for post-nesting and basking turtles to return to the ocean. (3) Using Geographic Information Systems (GIS) software, satellite imagery, and existing land cover and shoreline products, we identified nesting habitat in the Atlantic from the MHWL to the toe of the secondary dune, any human-made structure, natural obstructions (e.g., cliffs, rock outcrops) or to 33 ft (10 m) inland of vegetation. We identified nesting habitat in the Pacific from the MHWL to any humanmade structure or 50 ft (15 m) inland of the MHWL (a larger distance than the Atlantic to account for beaches that stretch inland on remote islands with little to no vegetation). Additionally, within the Pacific DPSs on small, predominantly sand islands, whole islands may have been designated in E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules instances where no physical obstructions were present. If applicable, we also examined aerial imagery to ensure that areas included as proposed critical habitat are not currently inundated, as compared to areas that may be underwater decades from now. (4) Where physical features to be used as critical habitat unit boundaries were highly dynamic (i.e., inlets, sandy shoals, barrier islands, and oceanfront beaches that are controlled by natural coastal processes and may shift over time), unit boundaries were distinguished using records of green turtles nesting in that specific area. (5) Where natural, artificial, or geopolitical features or land ownership could not be used for unit boundaries, boundaries were delineated by geographic means (latitude and longitude, decimal degree points). (6) We evaluated and included as proposed critical habitat beaches located adjacent to important or highdensity beaches (containing PBFs essential to the conservation of green turtles); these adjacent areas are occupied by the species and also currently support green turtle nesting. This adjacent beach habitat serves as expansion area should the current important nesting beach area become significantly degraded, or temporarily or permanently lost, through natural processes or upland development, as well as supports the green turtle’s internesting behavior (i.e., turtles nesting multiple times in a season and across different select areas of the beach landscape). (7) We applied other DPS-specific methodology (as described in our supplemental ‘‘Methodology’’ document (USFWS 2023, entire) available on the internet at https://www.regulations.gov under Docket No. FWS–R4–ES–2022– 0164) based on specific factors within each DPS, such as (but not limited to): (a) For the three Pacific DPSs, and in the absence of available nesting surveys, beaches were selected using the best available nesting records over a 15-year period between 2005 to 2020. Given the lifespan of the green turtle, we found it reasonable to assume the areas were occupied at the time of listing based on these data. We identified beaches throughout each island, islet, and oceanic atoll with relatively high nesting activity. In some cases, additional nesting beaches with lower nesting activity or beaches with historical reports of green turtle nesting were selected (i.e., expansion areas) to support resiliency, representation, and redundancy within a DPS. Additionally, for undeveloped or uninhabited islands or areas, the amount of land inward of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 the MHWL increased from 50 ft (15 m; as noted in criteria (3), above) to include the entire island if the PBFs were present or natural or human-made structures obstructed inward progress (noting there are some areas that are currently uninhabited by humans but were previously occupied by Department of Defense (DoD) personnel who had constructed manmade structures, some of which remain today and may obstruct inward progress by turtles). (b) For the Central North Pacific DPS, we identified basking habitat information independent from nesting area information, including information provided by local technical experts and records from 2005 to 2021. Given the lifespan of the green turtle, we found it reasonable to assume the areas were occupied at the time of listing based on these data. Our strategy for selecting shoreline areas for basking also considered shoreline areas throughout each island with relatively high basking activity, and some beaches that can serve as both expansion areas while also providing sufficient habitat to accommodate basking green turtles as the populations recover. Where physical features to be used as critical habitat unit boundaries were highly dynamic (i.e., sandy shoals, emergent sandy lands, oceanfront beaches, and low shelving reef or rock that are controlled by natural coastal processes and may shift over time), unit boundaries were distinguished using records of green turtles basking in that specific area. (c) For the Central South Pacific DPS, we took into account that the green turtle population in this portion of its range is characterized by geographically widespread nesting at low levels of abundance, mostly in remote low-lying oceanic atolls. We examined the best available information within this DPS to ensure spatial distribution of important nesting beaches within the DPS. Although some of these areas do not include regular or extensive green turtle survey information, the best available information indicates these areas were occupied at the time of listing (and are still occupied) by green turtles based on documented nesting activity at adjacent or nearby beaches, islands, or atolls. (d) For the Central West Pacific DPS, we took into account that the green turtle population in this DPS is dominated by insular nesting (i.e., nesting on a long chain of islands), resulting in a relatively small nesting population spread across an expansive area that is roughly 2,500 mile (mi) (4,023 kilometer (km)) wide (Palau to the Marshall Islands) and 2,500 mi (4,023 km) long (Ogasawara, Japan to PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 46387 the Solomon Islands) (Seminoff et al. 2015, p. 259). We examined the best available information within this DPS to ensure spatial distribution of important nesting beaches within the DPS. Similar to the Central South Pacific DPS, although some of these areas do not include regular or extensive green turtle survey information, the best available information indicates these areas were occupied at the time of listing (and are still occupied) by green turtles based on documented nesting activity at adjacent or nearby beaches, islands, or atolls. (e) For the North Atlantic DPS, we used available nest count abundance/ density data (including information associated with the Florida Fish and Wildlife Research Institute’s recognized green turtle management units and preliminary unpublished analysis of genetics information (Shamblin et al. 2022, entire)) to determine adequate geographic spatial distribution of highdensity nesting areas, including genetics and geographical features that can influence turtle behavior. (f) For the South Atlantic DPS, nest crawl counts were used depending on regionally available data and applied to the main geographic nesting distribution within the DPS (i.e., the U.S. Virgin Islands). Nesting beaches were identified based on 25–100 nesting crawls per year category or larger (Dow et al. 2007, p. 13; Eckert and Eckert 2019, p. 13). Once this methodology was applied and evaluated across the ranges of each DPS where green turtles nest, or where they bask in the Central North Pacific DPS, units were drawn based on the most recent available aerial or satellite imagery. We propose to designate as critical habitat lands that we have determined were occupied at the time of listing that contain one or more of the PBFs that are essential to support lifehistory processes of the species, and that may require special management considerations or protection. We propose to designate as critical habitat 101 units (31 in the Central North Pacific DPS, 6 in the Central South Pacific DPS, 23 in the Central West Pacific DPS, 33 in the North Atlantic DPS, and 8 in the South Atlantic DPS) based on one or more of the PBFs within the terrestrial environment being present to support the green turtle’s life-history processes. Some units contain all of the identified PBFs and support multiple life-history processes, while other units contain only some of the PBFs necessary to support the green turtle’s particular use of that habitat. For green turtles, most of the units contain highly dynamic barrier beaches E:\FR\FM\19JYP2.SGM 19JYP2 46388 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules and extratidal seashore areas that have the potential to vary over time. In other words, the precise location of the PBFs may shift because of the intrinsically dynamic nature of shorelines and due to sea level rise. In general, the PBFs we describe are the extratidal areas and sandy beaches from the MHWL to inland areas of beach that do not contain the PBFs. The proposed critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document under Proposed Regulation Promulgation. We include more detailed information on the boundaries of the terrestrial proposed critical habitat designation in the discussion of individual units, below. We will make the coordinates or plot points or both on which each map is based available to the public at https:// www.regulations.gov at Docket No. FWS–R4–ES–2022–0164, and on the USFWS’s website at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle. When determining proposed critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures (e.g., docks, maintained rights-of-way, work yards, stormwater facilities, and hardened shorelines) because such lands lack PBFs necessary for the green turtle. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Therefore, if the critical habitat is finalized as proposed, a Federal action involving these lands would not trigger section 7 consultation under the Act with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the PBFs in the adjacent critical habitat. Additionally, it is important to note that the best available GIS base layers used for the proposed designation do not perfectly match the actual coastlines of the islands. For consistency, accountability, and transparency reasons, we did not alter the layers. We have attempted to vary the scale in our maps to minimize discrepancies, although there remain some instances where a polygon boundary does not perfectly align with an island/atoll coastline (e.g., the MHWL edge of a proposed critical habitat polygon appears inland or within the water, to a small extent, from the island border). In these instances, it is important to evaluate and use the maps in conjunction with the textual descriptions to best understand the unit placement on the coastline. Proposed Critical Habitat Designation We are proposing 101 units as critical habitat for the green turtle’s terrestrial (nesting and basking) areas, all of which were occupied at the time of listing and totaling approximately 8,870 ac (3,590 ha). All of these areas are occupied by the species, and we are not proposing any unoccupied areas. Table 1, below, shows the proposed units separated by DPS, including unit names, land ownership, and approximate acreage. The land ownership values in many (but not all) of the proposed critical habitat units within the three Pacific DPSs also include a category called ‘‘uncategorized lands.’’ For the purposes of this analysis and proposed critical habitat designation, this category refers to lands where we were unable to determine local government or private ownership. The specific terrestrial areas we propose as critical habitat for the green turtle are presented below, totaling 31 units and 2,233 ac (904 ha) in the Central North Pacific DPS, 6 units and 242 ac (98 ha) in the Central South Pacific DPS, 23 units and 304 ac (123 ha) in the Central West Pacific DPS, 33 units and 5,974 ac (2,418 ha) in the North Atlantic DPS, and 8 units and 117 ac (47 ha) in the South Atlantic DPS. Brief descriptions of all units are presented, including the reasons why they meet the definition of critical habitat for the green turtle. All units are occupied by the species and contain one or more of the physical and biological features essential to the conservation of the species and that may require special management considerations or protection. Also, many of the proposed units overlap in part or whole with existing critical habitat designated for other federally listed species, as specified below (table 2). Most of the units contain highly dynamic barrier beaches and intertidal seashore. This area has the potential to vary year-to-year. In other words, the precise location of the PBFs in some locations may shift over time somewhat because of the intrinsically dynamic nature of shorelines and due to sea level rise. Of note: we include diacritical marks to many location names, particularly in the Pacific DPSs, although these marks only appear within the preamble of this proposed rule due to Federal Register printing format constraints. Therefore, diacritical marks are removed from location names within the text and maps that appear in Proposed Regulation Promulgation, below. TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name Approximate, acres Approximate, hectares Central North Pacific DPS—Northwestern Hawaiian Islands ddrumheller on DSK120RN23PROD with PROPOSALS2 HI–01, Kure Atoll ....................................................................................... HI–02, Midway Islands .............................................................................. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00014 Fmt 4701 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 106 0 0 0 0 43 0 0 0 Total ......................................... 106 43 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... 88 0 0 0 35 0 0 0 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46389 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name HI–03, Pearl and Hermes Atoll .................................................................. HI–04, Lisianski Island ............................................................................... HI–05, Laysan Island ................................................................................. HI–06, French Frigate Shoals ................................................................... Approximate, acres Approximate, hectares Uncategorized ................................. 0 0 Total ......................................... 88 35 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 207 0 0 0 0 84 0 0 0 0 Total ......................................... 207 84 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 295 0 0 0 0 119 0 0 0 0 Total ......................................... 295 119 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 171 0 0 0 0 69 0 0 0 0 Total ......................................... 171 69 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 95 0 0 0 0 38 0 0 0 0 Total ......................................... 95 38 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 2 <1 <1 9 59 1 <1 <1 3 24 Total ......................................... 69 28 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 228 0 0 26 0 92 0 0 11 Total ......................................... 254 103 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 3 2 13 14 0 1 1 5 6 Total ......................................... 33 13 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 4 3 6 1 0 2 1 3 <1 Total ......................................... 14 6 Central North Pacific DPS—Main Hawaiian Islands HI–07, Halelea and Ko1olau Moku ............................................................. HI–08, Na¯ Pali Coast and Ma¯na¯ Plains .................................................... ddrumheller on DSK120RN23PROD with PROPOSALS2 HI–09, Puna Moku on Kaua1i .................................................................... HI–10, Kona Moku on Kaua1i .................................................................... VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46390 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Approximate, hectares Land Ownership by type 1 HI–11, Northern Ko1olauloa Moku ............................................................. Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 24 26 <1 30 53 10 10 <1 12 21 Total ......................................... 132 54 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. <1 7 5 29 41 <1 3 2 12 17 Total ......................................... 82 33 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. <1 13 0 0 <1 <1 5 0 0 <1 Total ......................................... 13 5 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 7 3 <1 42 0 3 1 <1 17 Total ......................................... 53 22 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 <1 2 7 0 0 <1 1 3 Total ......................................... 9 4 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 15 0 104 40 0 6 0 42 16 Total ......................................... 160 65 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 <1 0 10 23 0 <1 0 4 9 Total ......................................... 34 14 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 17 6 30 19 0 7 2 12 8 Total ......................................... 73 29 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 <1 3 7 23 0 <1 1 3 9 HI–12, Waialua Moku ................................................................................ HI–13, Wai1anae Moku .............................................................................. HI–14, Ko1olaupoko Moku ......................................................................... HI–15, 1Ewa Moku ..................................................................................... HI–16, Moloka1i Island ............................................................................... HI–17, Ka¯1anapali Moku ............................................................................ HI–18, Pu¯1ali Komohana and Ha¯ma¯kuapoko Moku .................................. ddrumheller on DSK120RN23PROD with PROPOSALS2 Approximate, acres Critical habitat unit no. and name HI–19, La¯haina¯ Moku ................................................................................ VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46391 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name HI–20, South Pu¯1ali Komohana and Kula Moku ........................................ HI–21, Ha¯na Moku ..................................................................................... HI–22, Honua1ula Moku ............................................................................. HI–23, La¯na1i Island ................................................................................... HI–24, Kaho1olawe Island .......................................................................... HI–25, South Kohala ................................................................................. HI–26, Kona Moku on Hawai1i Island ........................................................ ddrumheller on DSK120RN23PROD with PROPOSALS2 HI–27, Hilo Moku ....................................................................................... HI–28, Kea1au ............................................................................................ VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00017 Fmt 4701 Approximate, acres Approximate, hectares Total ......................................... 32 13 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. <1 <1 4 <1 12 <1 <1 2 <1 5 Total ......................................... 17 7 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 2 1 0 0 0 1 <1 Total ......................................... 3 1 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 <1 0 <1 0 0 <1 0 <1 0 Total ......................................... <1 <1 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 145 17 0 0 0 59 7 Total ......................................... 161 65 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 3 0 0 0 0 1 0 0 0 Total ......................................... 3 1 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 18 0 9 7 0 7 0 3 3 Total ......................................... 33 13 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 12 15 1 10 13 5 6 <1 4 5 Total ......................................... 50 20 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 1 <1 0 1 0 <1 <1 0 <1 Total ......................................... 2 1 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... 0 0 0 <1 0 0 0 <1 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46392 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name HI–29, Pohoiki Beach ................................................................................ HI–30, Keauhou ......................................................................................... HI–31, Ka1u¯ Moku ...................................................................................... ** Central North Pacific DPS Totals ................................................... Approximate, acres Approximate, hectares Uncategorized ................................. <1 <1 Total ......................................... 1 <1 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 <1 4 <1 6 0 <1 1 <1 2 Total ......................................... 9 4 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 9 0 0 0 7 4 0 0 0 3 Total ......................................... 16 7 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 5 3 4 4 2 2 1 2 1 1 Total ......................................... 17 7 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. Total ......................................... 907 466 35 411 415 2,233 367 189 14 166 168 904 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 7 0 0 15 0 3 0 0 6 0 Total ......................................... 22 9 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 125 0 0 0 0 50 Total ......................................... 125 50 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 49 0 0 0 0 20 Total ......................................... 49 20 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 34 0 0 0 0 14 Total ......................................... 34 14 Federal ............................................ 0 0 Central South Pacific DPS—American Samoa AS–01, Palmyra Atoll ................................................................................. AS–02, Swains Island ................................................................................ ddrumheller on DSK120RN23PROD with PROPOSALS2 AS–03, Ofu and Olosega Islands .............................................................. AS–04, Ta1u Island .................................................................................... AS–05,Aunu1u Island ................................................................................. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46393 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name AS–06, Rose Atoll ..................................................................................... ** Central South Pacific DPS Totals ................................................... Approximate, acres Approximate, hectares Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 4 0 0 0 1 Total ......................................... 4 1 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 10 0 0 0 0 4 0 0 0 0 Total ......................................... 10 4 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 17 0 0 15 211 7 0 0 6 85 Total ......................................... 242 98 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 18 <1 0 13 6 7 <1 0 5 2 Total ......................................... 37 15 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 4 0 0 3 8 1 0 0 1 3 Total ......................................... 14 6 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 6 0 0 6 0 2 0 0 2 Total ......................................... 12 5 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 10 4 0 0 0 4 1 Total ......................................... 14 6 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 1 6 0 0 0 <1 3 Total ......................................... 7 3 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... 0 0 0 <1 0 0 0 <1 Central West Uacific DPS—Guam GU–01, Ritidian Point and Uruno Beach .................................................. GU–02, Jinapsan Beach ............................................................................ GU–03, Tanguisson ................................................................................... GU–04, Tumon Bay ................................................................................... ddrumheller on DSK120RN23PROD with PROPOSALS2 GU–05, Haga˚tn˜a Bay ................................................................................ GU–06, Cabras Island ............................................................................... VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46394 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name GU–07, Agat Bay ....................................................................................... GU–08, Pago (a.k.a. Pa˚gu) Point to Ylig Bay ........................................... GU–09, Talo’fo’fo Village ........................................................................... GU–10, Huma˚tak Village ........................................................................... GU–11, Nomna Bay .................................................................................. GU–12, Inarajan Bay ................................................................................. ddrumheller on DSK120RN23PROD with PROPOSALS2 GU–13, Agfayan Point to Aga Point .......................................................... GU–14, Cocos Island ................................................................................ VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00020 Fmt 4701 Approximate, acres Approximate, hectares Uncategorized ................................. 8 3 Total ......................................... 8 3 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. <1 0 0 0 1 <1 0 0 0 <1 Total ......................................... 1 <1 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 2 <1 0 0 0 1 <1 Total ......................................... 2 1 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 2 3 0 0 0 1 1 Total ......................................... 4 2 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 1 6 0 0 0 <1 3 Total ......................................... 7 3 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 2 0 0 0 0 1 Total ......................................... 2 1 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 1 3 0 0 0 <1 1 Total ......................................... 4 1 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 2 4 0 0 0 1 1 Total ......................................... 5 2 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 1 7 0 0 0 <1 3 Total ......................................... 8 3 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46395 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name Approximate, acres Approximate, hectares Central West Pacific DPS—Northern Mariana Islands MP–01, Agrihan Island .............................................................................. MP–02, Pagan Island ................................................................................ MP–03, Wing Beach and Bird Island ........................................................ MP–04, Managaha Island and Unai Makaka ............................................ MP–05, Eastern Saipan ............................................................................. MP–06, Southern Saipan .......................................................................... MP–07, Western Tinian ............................................................................. ddrumheller on DSK120RN23PROD with PROPOSALS2 MP–08, Northern Rota ............................................................................... MP–09, Southern Rota .............................................................................. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00021 Fmt 4701 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 44 0 0 0 0 18 Total ......................................... 44 18 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 12 0 0 0 0 5 Total ......................................... 12 5 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 4 0 0 3 0 2 0 0 1 Total ......................................... 7 3 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 5 0 <1 16 0 2 0 <1 6 Total ......................................... 21 9 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 9 0 1 8 0 4 0 <1 3 Total ......................................... 18 7 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 1 0 0 7 0 <1 0 0 3 Total ......................................... 8 3 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 3 0 0 4 0 1 0 0 1 Total ......................................... 6 3 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 44 0 2 9 0 18 0 1 4 Total ......................................... 54 22 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... 0 8 0 <1 0 3 0 <1 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46396 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name ** Central West Pacific DPS, Totals ................................................... Approximate, acres Approximate, hectares Uncategorized ................................. 1 <1 Total ......................................... 9 4 Federal ............................................ Territory/Commonwealth ................. Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 22 79 0 37 166 9 32 0 15 67 Total ......................................... 304 123 Federal ............................................ 0 0 State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 112 0 0 0 45 0 0 0 Total ......................................... 112 45 Federal ............................................ 0 0 State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 77 61 169 0 31 25 68 0 Total ......................................... 307 124 Federal ............................................ 558 226 State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 0 0 0 0 0 0 Total ......................................... 558 226 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 52 72 120 400 0 21 29 48 163 0 Total ......................................... 644 261 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 119 217 0 0 0 48 88 0 Total ......................................... 336 136 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 69 49 11 195 0 28 20 5 78 0 Total ......................................... 324 131 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... 0 25 85 104 0 10 35 42 North Atlantic DPS—Florida FL–01, Guana Tolomato Matanzas National Estuarine Research Reserve—Guana River Site. FL–02, Washington Oaks Gardens State Park to North Peninsula State Park. FL–03, Canaveral National Seashore to Merritt Island National Wildlife Refuge. FL–04, Satellite Beach to Indian River Shores ......................................... FL–05, Hutchinson Island .......................................................................... ddrumheller on DSK120RN23PROD with PROPOSALS2 FL–06, St. Lucie Inlet to Jupiter Inlet ........................................................ FL–07, Jupiter Inlet to Lake Worth Inlet .................................................... VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46397 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name FL–08, Palm Beach to Boynton Inlet ........................................................ FL–09, Boynton Inlet to Boca Raton Inlet ................................................. FL–10, Boca Raton Inlet to Hillsboro Inlet ................................................ FL–11, Sawyer Key ................................................................................... FL–12, Boca Grande and Marquesas Keys .............................................. FL–13, Dry Tortugas .................................................................................. ddrumheller on DSK120RN23PROD with PROPOSALS2 FL–14, Sanibel Island West ...................................................................... FL–15, Gasparilla Island ............................................................................ FL–16, Don Pedro and Little Gasparilla Islands ....................................... VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00023 Fmt 4701 Approximate, acres Approximate, hectares Uncategorized ................................. 0 0 Total ......................................... 214 87 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 1 41 0 0 0 <1 17 0 Total ......................................... 42 17 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 66 148 0 0 0 27 60 0 Total ......................................... 214 87 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 1 0 16 65 0 <1 0 7 26 0 Total ......................................... 82 34 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 6 0 0 0 0 3 0 0 0 0 Total ......................................... 6 3 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 28 0 0 0 0 12 0 0 0 0 Total ......................................... 28 12 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 21 0 0 0 0 8 0 0 0 0 Total ......................................... 21 8 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 76 113 0 0 0 31 45 0 Total ......................................... 189 76 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 5 25 0 125 0 2 10 0 51 0 Total ......................................... 155 63 Federal ............................................ State ................................................ 0 20 0 8 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46398 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name FL–17, Manasota Key ............................................................................... FL–18, Casey and Siesta Keys ................................................................. FL–19, Cape St. George and St. George Island ...................................... FL–20, St. Joseph Peninsula .................................................................... FL–21, Inlet Beach .................................................................................... FL–22, Topsail Hill Preserve State Park ................................................... ddrumheller on DSK120RN23PROD with PROPOSALS2 FL–23, Gulf Islands National Seashore .................................................... Approximate, acres Approximate, hectares Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 166 0 0 67 0 Total ......................................... 186 75 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 25 46 93 0 0 10 19 37 0 Total ......................................... 164 66 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 30 84 0 0 0 12 34 0 Total ......................................... 114 46 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 545 0 270 0 0 221 0 109 0 Total ......................................... 815 330 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 466 2 154 0 0 189 1 62 0 Total ......................................... 622 252 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 0 7 86 0 0 0 3 34 0 Total ......................................... 93 37 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 165 0 0 0 0 67 0 0 0 Total ......................................... 165 67 Federal ............................................ State ................................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 316 17 0 0 0 128 7 0 0 0 Total ......................................... 334 135 0 66 0 0 0 0 27 0 0 0 North Atlantic DPS—Puerto Rico PR–01, Mona Island .................................................................................. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00024 Fmt 4701 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46399 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name PR–02, Guayama ...................................................................................... PR–03, Maunabo ....................................................................................... VPR–01, Campan˜a .................................................................................... VPR–02, Puerto Diablo ............................................................................. VPR–03, Vieques East .............................................................................. VPR–04, Fanduca to Conejo ..................................................................... VPR–05, La Chiva ..................................................................................... ddrumheller on DSK120RN23PROD with PROPOSALS2 VPR–06, Sun Bay ...................................................................................... VPR–07, Vieques Southwest .................................................................... VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00025 Fmt 4701 Approximate, acres Approximate, hectares Total ......................................... 66 27 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 23 0 0 0 0 9 0 0 0 Total ......................................... 23 9 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 24 0 0 0 0 10 0 0 0 Total ......................................... 24 10 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 11 0 0 0 0 4 0 0 0 0 Total ......................................... 11 4 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 15 0 0 0 0 6 0 0 0 0 Total ......................................... 15 6 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 17 0 0 0 0 7 0 0 0 0 Total ......................................... 17 7 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 23 0 0 0 0 9 0 0 0 0 Total ......................................... 23 9 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 10 0 0 0 0 4 0 0 0 0 Total ......................................... 10 4 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 13 0 0 0 0 5 0 0 0 Total ......................................... 13 5 Federal ............................................ Commonwealth ................................ Local Gov’t ...................................... Private/Other ................................... 44 4 0 0 18 1 0 0 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46400 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Land Ownership by type 1 Critical habitat unit no. and name ** North Atlantic DPS Totals ............................................................... Uncategorized Approximate, acres Approximate, hectares Uncategorized ................................. 0 0 Total ......................................... 48 19 Federal ............................................ State/Commonwealth ...................... Local Gov’t ...................................... Private/Other ................................... 0 ....................................................... 1,177 1,727 640 2,430 0 475 699 261 981 Total ......................................... 5,974 2,418 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 35 2 0 0 0 14 1 0 0 0 Total ......................................... 37 15 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 9 0 0 0 0 4 0 0 0 Total ......................................... 9 4 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 20 0 0 0 0 8 0 0 0 Total ......................................... 20 8 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 16 0 0 0 0 6 0 0 0 Total ......................................... 16 6 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 15 0 0 0 0 6 0 0 0 Total ......................................... 15 6 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 6 0 0 0 0 2 0 0 0 Total ......................................... 6 2 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 0 3 0 0 0 0 1 0 0 0 Total ......................................... 3 1 South Atlantic DPS—Vieques, U.S. Virgin Islands. USVI–01, Sandy Point National Wildlife Refuge ....................................... USVI–02, Long Point Bay .......................................................................... USVI–03, St. Croix South .......................................................................... USVI–04, East End .................................................................................... USVI–05, Chenay to Coakley .................................................................... ddrumheller on DSK120RN23PROD with PROPOSALS2 USVI–06, Buccaneer ................................................................................. USVI–07, Judith’s Fancy ........................................................................... VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 46401 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 1—PROPOSED CRITICAL HABITAT LAND OWNERSHIP AND UNIT SIZE (VALUES ROUNDED TO THE NEAREST WHOLE NUMBER) FOR THE GREEN TURTLE—Continued [All units are occupied by the species.] Approximate, acres Approximate, hectares Critical habitat unit no. and name Land Ownership by type 1 USVI–08, Buck Island Reef National Monument ...................................... Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 12 0 0 0 0 5 0 0 0 0 Total ......................................... 12 5 Federal ............................................ Territory ........................................... Local Gov’t ...................................... Private/Other ................................... Uncategorized ................................. 47 71 0 0 0 19 28 0 0 0 Total ......................................... 117 47 ** South Atlantic DPS Totals .............................................................. Note: Total numbers for individual units and totals for each DPS may not sum due to rounding (to the nearest whole number). 1 Local government ownership may include counties, cities, or municipalities. Private/Other ownership includes nonprofit preserve/reserve areas. Uncategorized ownership type occurs only within some units in the three Pacific DPSs. TABLE 2—CO-OCCURRING CRITICAL HABITAT DESIGNATIONS THAT OVERLAP PROPOSED CRITICAL HABITAT FOR GREEN TURTLES Area of overlap with designated critical habitat 1 in acres (ac) (hectares (ha)) [# of proposed green turtle units overlapping] ddrumheller on DSK120RN23PROD with PROPOSALS2 Species Central North Pacific DPS Central South Pacific DPS Central West Pacific DPS North Atlantic DPS South Atlantic DPS loggerhead sea turtle (Caretta caretta) ............................... N/A N/A N/A N/A hawksbill sea turtle (Eretmochelys imbricata) ..................... N/A N/A N/A leatherback sea turtle (Dermochelys coriacea) ................... N/A N/A N/A 4,649 ac (1,881 ha) [18] 66 ac (27 ha) [1] N/A Mona boa (Epicrates monensis) .......................................... N/A N/A N/A Mona ground iguana (Cyclura cornuta stejnegeri) .............. N/A N/A N/A piping plover (Charadrius melodus) ..................................... N/A N/A N/A yellow-shouldered blackbird (Agelaius xanthomus) ............ N/A N/A N/A Guam Micronesian kingfisher (Todiramphus cinnamominus cinnamominus) ................................................................. N/A N/A N/A N/A Mariana crow (Corvus kubaryi) ............................................ N/A N/A 21 ac (9 ha) [2] 25 ac (10 ha) [4] N/A N/A St. Andrew’s beach mouse (Peromyscus polionotus peninsularis) ..................................................................... N/A N/A N/A N/A Choctawhatchee beach mouse (Peromyscus polionotus) .. N/A N/A N/A Mariana fruit bat (Pteropus mariannus) ............................... N/A N/A Blackburn’s sphinx moth (Manduca blackburni) .................. Cape Sable thoroughwort (Chromolaena frustrata) ............ Aboriginal prickly-apple (Harrisia aboriginum) ..................... 7 ac (3 ha) [2] N/A N/A N/A N/A N/A 21 ac (9 ha) [2] N/A N/A N/A 426 ac (172 ha) [1] 134 ac (54 ha) [2] N/A no common name (Agave eggersiana) ............................... coastal flatsedge (Cyperus pennatiformis) and Loulu (Pritchardia remota) .......................................................... N/A N/A 171 ac 69 ha)[1] 4 ac (2 ha) [2] 197 ac (81 ha) [5] 5 ac (2 ha) [3] 3 ac (1 ha) [1] Hilo ischaemum (Ischaemum byrone) ................................. 1Ohai (Sesbania tomentosa) ................................................ no common name (Vigna o-wahuensis) .............................. Kohe malama o kanaola (Kanaloa kahoolawensis) ............ VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 66 ac (27 ha) [1] 66 ac (27 ha) [1] 385 ac (155 ha) [4] 66 ac (27 ha) [1] N/A 27 ac (11 ha) [1] N/A N/A N/A N/A N/A N/A N/A N/A 4 ac (2 ha) [1] 114 ac (46 ha) [4] N/A 4 ac (2 ha) [2] N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A E:\FR\FM\19JYP2.SGM 19JYP2 N/A N/A N/A 46402 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules TABLE 2—CO-OCCURRING CRITICAL HABITAT DESIGNATIONS THAT OVERLAP PROPOSED CRITICAL HABITAT FOR GREEN TURTLES—Continued Area of overlap with designated critical habitat 1 in acres (ac) (hectares (ha)) [# of proposed green turtle units overlapping] Species 6 plant species of the Hawaiian Islands 2 ............................ 22 plant species of the Hawaiian Islands 4 .......................... Central North Pacific DPS Central South Pacific DPS Central West Pacific DPS North Atlantic DPS South Atlantic DPS 191 ac (77 ha) [1] 3 <1 ac (<1 ha) [1] 2 N/A N/A N/A N/A N/A N/A N/A N/A 375 ac (152 ha) [17%] N/A 25 ac (10 ha) [8%] 4,849 ac (1,962 ha) [81%] 31 ac (13 ha) [27%] Total Overlap (Combined) for Each DPS ..................... * Totals may not sum due to rounding. 1 Values presented in this table are for federally threatened or endangered species for which critical habitat designations are in place. Additional species with proposed critical habitat may be added to this table if finalized prior to publication of the green turtle final critical habitat designation. 2 1O ¯ lulu (Brighamia insignis), 1Awiwi (Schenkia sebaeoides), Ka1a (Cyperus trachysanthos), no common name (Kadua stjohnii), Lau1ehu (Panicum niihauense), and Ma1oli1oli (Schiedea apokremnos). 3 Critical habitat for each of these species overlaps only one green turtle proposed critical habitat unit, where existing critical habitat for some of these plants overlap the same green turtle proposed unit and one or more of the other plants overlap other units. However, total overlap with green turtle proposed critical habitat does not exceed <1 ac (<1 ha) in all instances for each plant species. 4 Round-leaved chaff-flower (Achyranthes splendens var. rotundata), Ki1oko1olau (Bidens amplectens), no common name (Bonamia menziesii), ¯ wikiwiki (Canavalia pubescens), Ka¯manomano (Cenchrus agrimonioides), Kokolameli Ko1oko1olau (Bidens micrantha ssp. kalealaha), A (Chamaesyce kuwaleana), Kauila (Colubrina oppositifolia), Pauoa (Ctenitis squamigera), ‘Akoko (Euphorbia celastroides var. kaenana), Me¯hamehame (Flueggea neowawraea), Ma1o hau hele (Hibiscus brackenridgei), Nehe (Melanthera kamolensis), Alani (Melicope mucronulata), no common name (Neraudia sericea), Kulu1i (Nototrichium humile), 1Iliahi (Santalum haleakalae var. lanaiense), 1A¯wiwi (Schenkia sebaeoides), Po¯polo ku¯ mai (Solanum incompletum), no common name (Spermolepis hawaiiensis), and A1e (Zanthoxylum hawaiiensis). We present brief descriptions of all proposed units within each DPS, and reasons why they meet the definition of critical habitat for the green turtle, below. Central North Pacific DPS ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit HI–01: Kure Atoll Unit HI–01 consists of 106 ac (43 ha) on Kure Atoll (a.k.a. Ho¯laniku¯ or Mokupa¯papa), Honolulu County, the northernmost island in the Hawaiian archipelago. This unit is located approximately 57 to 60 mi (92 to 96 km) northwest of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. This unit includes two segments: 55 ac (22 ha) on Kure Sand Island and 51 ac (21 ha) on Green Island. All lands within this unit are in State ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Kure Atoll. Unit HI–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important managed nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 within a single season and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles year-round, providing important basking habitat throughout the year. The remoteness of Kure Atoll provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–01 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the Hawai1i Division of Forestry and Wildlife (HDOFAW) for conservation purposes as part of the State’s wildlife sanctuary (HDOFAW 2022, entire) and the Papaha¯naumokua¯kea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papaha¯naumokua¯kea Marine National Monument 2008, entire). PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 Unit HI–02: Midway Islands Unit HI–02 consists of 88 ac (35 ha) on Midway Islands (a.k.a. Kuaihelani or Pihemanu), part of the United States Minor Outlying Islands, the second northernmost island in the Hawaiian archipelago. This unit is located approximately 57 to 60 mi (92 to 96 km) east of Kure Atoll (a.k.a. Ho¯laniku¯ or Mokupa¯papa) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures (e.g., abandoned historical military structures). This unit includes two segments in two areas: (1) 8 ac (3 ha) along the northeastern shore of Sand Island, and (2) 80 ac (32 ha) on Spit and Eastern Islands. All lands within this unit are in Federal ownership. General land use within this unit is historical preservation and natural resource conservation. There are no permanent inhabitants on Spit and Eastern Islands. Unit HI–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important managed nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 expand and recover. Additionally, this unit contains basking male and female green turtles year-round, providing important basking habitat throughout the year. Finally, the remoteness of Midway Islands provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (i.e., hurricanes, tsunamis, oil spills), invasive nonnative vegetation, human activities (i.e., shoreline stabilization and response to oil spills), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife conservation purposes as the Midway Atoll NWR and the Papaha¯naumokua¯kea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papaha¯naumokua¯kea Marine National Monument 2008, entire). Unit HI–03: Pearl and Hermes Atoll Unit HI–03 consists of 207 ac (84 ha) on Pearl and Hermes (a.k.a. Manawai or Holoikauaua), Honolulu County, the third northernmost island in the Hawaiian archipelago. This unit is located approximately 97 mi (156 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. This unit includes seven segments: 74 ac (30 ha) on North Island, 34 ac (14 ha) on Little North Island, 34 ac (14 ha) on Southeast Island, 3 ac (1 ha) on Bird Island, 14 ac (6 ha) and 3 ac (1 ha) on Green Island, and 46 ac (19 ha) on Kittery Island (a.k.a. Seal Kittery Island). All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Pearl and Hermes Atoll. Unit HI–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of the Central North Pacific DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles yearround, providing important basking habitat throughout the year. Finally, the remoteness of Pearl and Hermes Atoll provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–03 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife conservation purposes as the Hawaiian Islands NWR and the Papaha¯naumokua¯kea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papaha¯naumokua¯kea Marine National Monument 2008, entire). Unit HI–04: Lisianski Island Unit HI–04 consists of 295 ac (119 ha) on Lisianski Island (a.k.a. Kapou or Papa1a¯poho), Honolulu County, the fourth northernmost island in the Hawaiian archipelago. This island unit is located approximately 256 mi (412 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Lisianski Island. Unit HI–04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 46403 individual turtles within a single season and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles throughout the year, providing important basking habitat during nonreproductive periods. The remoteness of Lisianski Island provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–04 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, controlling and removing invasive plant species, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife conservation purposes as the Hawaiian Islands NWR and the Papaha¯naumokua¯kea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papaha¯naumokua¯kea Marine National Monument 2008, entire). Unit HI–05: Laysan Island Unit HI–05 consists of 171 ac (69 ha) on Laysan Island (a.k.a. Kamole or Kauo¯), Honolulu County, and is the fifth northernmost island in the Hawaiian archipelago. This island unit is located approximately 386 mi (621 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on Laysan Island. Unit HI–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central North Pacific DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season E:\FR\FM\19JYP2.SGM 19JYP2 46404 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 and area for the nesting population of green turtles to expand and recover. Additionally, this unit contains basking male and female green turtles throughout the year, providing important basking habitat during nonreproductive periods. The remoteness of Laysan Island provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Approximately 171 ac (69 ha; 100 percent) of the unit overlap with currently designated critical habitat for the following Hawaiian plants (68 FR 28054, May 22, 2003): coastal flatsedge (Cyperus pennatiformis) and loulu (Pritchardia remota). Threats to the PBFs identified within Unit HI–05 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, controlling and removing invasive plant species, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife and plant conservation purposes as the Hawaiian Islands NWR and the Papaha¯naumokua¯kea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papaha¯naumokua¯kea Marine National Monument 2008, entire). Unit HI–06: French Frigate Shoals Unit HI–06 consists of 95 ac (38 ha) in French Frigate Shoals (a.k.a. Lalo or Ka¯nemiloha1i), Honolulu County, the sixth northernmost island in the Hawaiian archipelago. This unit is located approximately 557 to 761 mi (896 to 1,226 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures (e.g., abandoned military structures). This unit includes seven segments: 6 ac (3 ha) on Shark Island, 17 ac (7 ha) on Tern Island, 3 ac (1 ha) on Trig Island, 1 ac (less than 1 ha) on Round Island, 27 ac (11 ha) on East Island, 20 ac (8 ha) on Little Gin Island, and 22 ac (9 ha) on VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Gin Island. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. There are no permanent inhabitants on French Frigate Shoals. Unit HI–06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles during the nesting season, serving as an important nesting area while also providing internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. This unit also contains basking male and female green turtles throughout the year, providing important basking habitat during non-reproductive periods. The remoteness of French Frigate Shoals provides overall limited disturbance to green turtle eggs, hatchlings, and adults compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–06 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, controlling and removing invasive plant species, enforcing rules to prevent invasive plants from being transported into the unit, and removing terrestrial debris from the beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS for wildlife and plant conservation purposes as the Hawaiian Islands NWR and the Papaha¯naumokua¯kea Marine National Monument, which provides additional management guidance and protection of the nesting and basking grounds for green turtles (Papaha¯naumokua¯kea Marine National Monument 2008, entire). Unit HI–07: Halelea and Ko‘olau Moku Unit HI–07 consists of 69 ac (28 ha) along the north shore of the island of Kaua1i, Kaua1i County. This unit is located approximately 2 mi (4 km) to the west and 11 mi (18 km) to the east of community of Princeville, Kaua1i and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., retaining wall). This unit comprises 22 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 segments in 10 areas on the northeast side of the island: (1) 4 segments within Hanalei Bay (west to east, 2 of which are less than 1 ac (less than 1 ha), 1 segment that is 4 ac (2 ha), and 1 segment that is 19 ac (8 ha)); (2) 1 segment on Sea Lodge Beach (less than 1 ac (less than 1 ha)); (3) 1 segment on 1Anini Beach (1 ac (less than 1 ha)); (4) 3 segments on Kalihiwai Beach (west to east, 1 ac (less than 1 ha), 3 ac (1 ha), and less than 1 ac (less than 1 ha)); (5) 6 segments at Kauapea Beach (west to east, less than 1 ac (less than 1 ha), less than 1 ac (less than 1 ha), 8 ac (3 ha), less than 1 ac (less than 1 ha), 6 ac (2 ha), and 7 ac (3 ha)); (6) 1 segment north of Crater Hill at Makapili Beach (4 ac (2 ha)); (7) 1 segment along the southwest shore of Kı¯lauea Bay at Wailapa Beach (7 ac (3 ha)); (8) 1 segment on Pı¯la1a Beach (2 ac (1 ha)); (9) 1 segment on Ka1aka1aniu Beach (a.k.a. Larsen’s Beach or Lepeuli Beach) (3 ac (1 ha)); (10) 2 segments along Moloa1a Bay (from west to east, 3 ac (1 ha) and 1 ac (less than 1 ha)); and (11) 1 segment on Pa¯pa1a Beach (1 ac (less than 1 ha)). Lands within this unit include approximately 2 ac (1 ha; 2 percent) in Federal ownership, less than 1 ac (less than 1 ha; 1 percent) in State ownership, less than 1 ac (less than 1 ha, 1 percent) in local government ownership, 9 ac (3 ha; 12 percent) in private/other ownership, and 59 ac (24 ha; 85 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding), and tourism. Unit HI–07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the same geographic area, indicating that it serves as an important nesting site. This unit also has basking green turtles year-round, demonstrating that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 segments of this unit at Makapili Beach, Wailapa Beach, Pı¯la1a Beach, Lepeuli Beach, Moloa1a Stream, Moloa1a Bay, and Papa1a Beach are surrounded by undeveloped forested lands, and many are also at the bottom of steep cliffs; therefore, these areas provide overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season and throughout the year for basking green turtles. Approximately 1 ac (less than 1 ha; 2 percent) of the unit overlaps with currently designated critical habitat for a Hawaiian plant, Ischaemum byrone (68 FR 9116, February 27, 2003), at Kauapea Beach 5 and 6. Threats to the PBFs identified within Unit HI–07 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris from the beaches and marine debris that washes ashore. Less than 1 ac (less than 1 ha) of the Federal lands within this unit are managed by the USFWS for plant and wildlife conservation as part of the Kı¯lauea Point NWR’s Comprehensive Conservation Plan (USFWS 2016, entire). Unit HI–08: Na¯ Pali Coast and Ma¯na¯ Plains Unit HI–08 consists of 254 ac (103 ha) along the western coast of the island of Kaua1i, Kaua1i County. This unit is located in and to the west of the community of Kekaha and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., shoreline stabilization measures). This unit comprises four segments in two areas, from north to south: (1) two 7-ac (3-ha) segments along the Na¯ Pali Coast at Nu1alolo Kai Beach and Miloli1i Beach, respectively; and (2) two adjacent segments totaling 178 ac (72 ha) and 64 ac (26 ha) along the coast of Ma¯na¯ Plains at Barking Sands to Polihale Beach and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Kekaha Beach, respectively. Lands within this unit include approximately 228 ac (92 ha; 90 percent) in State ownership and 26 ac (11 ha; 10 percent) that are uncategorized. General land use in this unit is natural resource conservation and recreational activities (e.g., swimming, picnicking, fishing, camping, hiking, and sightseeing). Unit HI–08 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Nu1alolo Kai and Miloli1i Beaches are in a remote part of Kaua1i, surrounded by undeveloped forested lands, and reside at the bottom of steep cliffs; therefore, these areas provide overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season and throughout the year for basking green turtles. Approximately 191 ac (77 ha; 75 percent) of the unit overlaps with currently designated critical habitat for the following Hawaiian plants (68 FR 9116, February 27, 2003): Brighamia insignis, Schenkia sebaeoides, Cyperus trachysanthos, Kadua stjohnii, Schiedea apokremnos, Panicum niihauense, and Sesbania tomentosa at Miloli1i Beach, Nu1alolo Kai, Kekaha Beach, and Barking SandsPolihale Beach. Threats to the PBFs identified within Unit HI–08 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, human activities (i.e., shoreline stabilization, sand renourishment, transportation), recreation, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris from the beaches and PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 46405 marine debris that washes ashore. The State lands within this unit are managed by the Hawai1i Division of State Parks and the Hawai1i Division of Forestry and Wildlife for plant and wildlife conservation as part of the Na¯ Pali Coast State Wilderness Park, the Polihale State Park, and the Pu1u Ka Pele Forest Reserve (Hawai1i Division of State Parks (HDSP) 2022a, no page numbers; HDSP 2022b, no page numbers; HDOFAW 2022, entire). Unit HI–09: Puna Moku on Kaua1i Unit HI–09 consists of 33 ac (13 ha) along the eastern coast of the island of Kaua1i, Kaua1i County. This unit is located approximately 9 mi (15 km) to the northeast and 5 mi (8 km) to the southwest of the town of Lihue, Kaua1i and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., shoreline stabilization measures or roadway or parking lot barriers). This unit comprises five segments in three areas: (1) three segments from north to south on Kea¯lia Beach, Wailua¯ Beach, and Nukoli1i Beach (14 ac (6 ha), 5 ac (2 ha), and 6 ac (2 ha), respectively); (2) one segment less than 1 ac (less than 1 ha) on the northeast shoreline of Na¯wiliwili Harbor at Ninini Beach; and (3) one segment on Kı¯pu¯ Kai Beach (8 ac (3 ha)). Lands within this unit include approximately 3 ac (1 ha; 10 percent) in State ownership, 2 ac (1 ha, 7 percent) in local government ownership, 13 ac (5 ha; 41 percent) in private/other ownership, and 14 ac (6 ha; 42 percent) that are uncategorized. General land use within this unit is cultural resource preservation, recreational activities (e.g., fishing, swimming, picnicking, and camping), tourism, and film production. Unit HI–09 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The area at the Kı¯pu¯ Kai Beach is only accessible through private land or by water, thereby providing overall limited E:\FR\FM\19JYP2.SGM 19JYP2 46406 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 disturbance to green turtle eggs, hatchlings, and adults at this location during the nesting season and throughout the year for basking green turtles. Threats to the PBFs identified within Unit HI–09 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused or human-caused disasters (i.e., hurricanes, tsunamis, and oil spills), invasive nonnative vegetation, human activities (i.e., shoreline stabilization, sand renourishment; dredging, and transportation), recreation, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–10: Kona Moku on Kaua1i Unit HI–10 consists of 14 ac (6 ha) in the communities of Hanape¯pe¯, La¯wai, and Po1ipu, Kaua1i County on the island of Kaua1i. This unit is located approximately 6 mi (9 km) to the southwest and 7 mi (11 km) to the southeast of the community of Kala¯heo, Kaua1i, and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments in four areas: (1) one segment each on Hanape¯pe¯ Salt Pond Beach (4 ac (2 ha)) and Wahiawa Beach (1 ac (less than 1 ha); (2) one segment on La¯wai Kai Beach (2 ac (1 ha)); (3) one segment along Poipu Beaches (3 ac (1 ha)); and (4) one segment along Keoniloa Bay at Shipwreck Beach (4 ac (1 ha)). Lands within this unit include approximately 4 ac (2 ha; 27 percent) in State ownership, 3 ac (1 ha; 18 percent) in local government ownership, 6 ac (3 ha; 45 percent) in private/other ownership, and 1 ac (1 ha; 10 percent) that is uncategorized. General land use within this unit is cultural preservation, recreational activities (e.g., fishing, surfing, swimming, and picnicking), and tourism. Unit HI–10 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 concentration of documented nesting green turtles as compared to other beaches in the area, which demonstrates that it serves as an important nesting site. This unit also has basking green turtles throughout the year, which shows that it serves as important basking habitat during the year. In addition, this unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. This unit also has existing outreach efforts at Poipu Beaches to provide guidance on respectful wildlife viewing to reduce the harassment of basking and nesting turtles, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Threats to the PBFs identified within Unit HI–10 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused and human-caused disasters (i.e., hurricanes, tsunamis, and oil spills), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–11: Northern Ko1olauloa Moku Unit HI–11 consists of 132 ac (54 ha) in the communities of Hale1iwa, Kahuku, La¯1ie, and Hau1ula, Honolulu County. This unit is located less than 1 mi (1 km) north and 11 mi (17 km) east of the community of Pu¯pu¯kea, O1ahu, and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises 12 segments in 5 areas: (1) one segment on 1Ehukai Beach (37 ac (15 ha)); (2) two segments within Kawela Bay (west to east, 2 ac (1 ha) and 2 ac (1ha)); (3) one segment each at Turtle Bay, Kaihalulu Beach, and Kahuku North Beach (5 ac (2 ha), 4 ac (1 ha), 19 ac (8 ha)); (4) two segments PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 along the shoreline of James Campbell NWR (north to south, 9 ac (3 ha) and 20 ac (8 ha)); and (5) one segment each on Kahuku Golf Course Beach, Mala¯ekahana Beach, Hau1ula Beach, and Ma¯kao Beach (21 ac (8 ha), 11 ac (5 ha), 2 ac (1 ha), and less than 1 ac (less than 1 ha)). Lands within this unit include approximately 24 ac (10 ha; 18 percent) in Federal ownership, 26 ac (10 ha; 19 percent) in State ownership, less than 1 ac (less than 1 ha; less than 1 percent) in local government ownership, 30 ac (12 ha; 22 percent) in private/other ownership, and 53 ac (21 ha; 40 percent) that are uncategorized. General land use in this unit is natural resource conservation, recreational activities (e.g., fishing, swimming, picnicking, and camping), flood control, tourism, and film production. Unit HI–11 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Land managers within this unit also conduct outreach efforts for beach users regarding respectful wildlife viewing, thereby limiting disturbance to basking juveniles and adults, nesting females, and emerging green turtle hatchlings. Threats to the PBFs identified within Unit HI–11 include habitat loss, modification, and degradation of nesting beach habitat from climate change, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, human activities (i.e., shoreline stabilization, sand renourishment, and transportation), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 ashore. Federal lands within this unit are managed by the USFWS for plant and wildlife conservation as part of the James Campbell NWR’s Comprehensive Conservation Plan (USFWS 2011, entire). State lands are managed by the Hawai1i Department of Land and Natural Resources for recreation as part of the Mala¯ekahana State Recreation Area (Kahuku Sec.) and Mala¯ekahana State Recreation Area (Laie Sec.) (HDSP 2022c, no page numbers). Unit HI–12: Waialua Moku Unit HI–12 consists of 82 ac (33 ha) in the communities of Mokule¯1ia, Waialua, and Haleiwa, Honolulu County. This unit is located approximately 26 to 30 mi (42 to 49 km) northwest of the city of Honolulu, O1ahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., retaining walls, hardened shoreline, or abandoned military structures). This unit comprises 12 segments in 5 areas: (1) 2 segments along Mokule¯1ia Beach (from west to east, 19 ac (8 ha) and 9 ac (3 ha)); (2) 1 segment that runs parallel to Croizer Drive (10 ac (4 ha)); (3) 2 segments within Ali1i Beach Park (from west to east, 6 ac (2 ha) and 3 ac (1 ha)); (4) 4 segments within Hale1iwa Beach Park and Pua1ena Beach (from west to east, 1 segment that is 3 ac (1 ha), and 3 segments each of which are less than 1 ac (less than 1 ha); and (5) 3 segments east of Pua1ena Point at Pua1ena Point to Papailoa Beach, and Chun’s Reef (from west to east, 22 ac (9 ha), 5 ac (2 ha), and 7 ac (3 ha)). Lands within this unit include approximately less than 1 ac (less than 1 ha; less than 1 percent) in Federal ownership, 7 ac (3 ha; 9 percent) in State ownership, 5 ac (2 ha; 6 percent) in local government ownership, 29 ac (12 ha; 35 percent) in private/other ownership, and 41 ac (17 ha; 44 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (e.g., swimming, snorkeling, scuba diving, surfing, picnicking, camping, fishing, hiking, and sky diving), tourism, and film production. Unit HI–12 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles along the western coast of the north shore of O1ahu. It serves as an important nesting area while also providing internesting beach area to support VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. This unit also contains basking male and female green turtles year-round, serving as important basking habitat throughout the year. This unit has existing outreach efforts at beaches for beach users on respectful wildlife viewing guidance, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Approximately less than 1 ac (less than 1 ha; 0 percent) of the unit overlaps with currently designated critical habitat for the following Hawaiian plants (77 FR 57647, September 18, 2012): Achyranthes splendens var. rotundata Bidens amplectens, Euphorbia celastroides var. kaenana, Schenkia sebaeoides, Sesbania tomentosa, and Vigna o-wahuensis in Mokule¯1ia Beach. Threats to the PBFs identified within Unit HI–12 include habitat loss, modification, and degradation of nesting or basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, human activities (i.e., shoreline stabilization, sand renourishment, transportation, and dredging), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. State lands are managed by the State of Hawai1i Division of State Parks for plant and wildlife conservation as the Ka1ena Point State Park (Hawai1i Department of Land and Natural Resources (HDLNR) 2011, entire). Unit HI–13: Wai1anae Moku Unit HI–13 consists of 13 ac (5 ha) along the west coast of O1ahu, Honolulu County. This unit is located approximately 26 to 30 mi (41 to 49 km) northwest of the city of Honolulu, O1ahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 46407 vegetation. This unit comprises two segments: 13 ac (5 ha) and less than 1 ac (less than 1 ha)) south of Ka1ena Point at Puau Beach and Laukı¯nui (a.k.a. Aki’s Cove). Lands within this unit include approximately 13 ac (5 ha; 98 percent) in State ownership, less than 1 ac (less than 1 ha; 1 percent) in private ownership, and less than 1 ac (less than 1 ha; 1 percent) that is uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, kayaking, paddle boarding, body boarding, picnicking, camping, beachcombing, and hiking). Unit HI–13 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit is the only unit that contains documented nesting green turtles along the western coast of O1ahu, serving as an important nesting area while also providing internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. This unit also contains basking male and female green turtles year-round, demonstrating that it serves as an important basking habitat throughout the year. Additionally, the remoteness of Puau Beach and Ma¯kua Beach, which are surrounded by undeveloped lands, reduces artificial lighting impacts that occur in other beach areas of the DPS during the nesting season. Threats to the PBFs identified within Unit HI–13 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. State-owned lands within this unit are managed by HDSP for plant and wildlife conservation as part of the Ka1ena Point State Park (HDLNR 2011, entire). E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46408 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Unit HI–14: Ko1olaupoko Moku Unit HI–14 consists of 53 ac (22 ha) along the east coast of O1ahu, Honolulu County. This unit is located approximately 12 to 14 mi (20 to 22 km) north and east of the city of Honolulu, O1ahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., retaining walls, hardened shoreline, or abandoned military structures). This unit comprises seven segments in four areas: (1) one segment along the shores of Ka¯ne1ohe Bay at Mo¯li1i Beach (4 ac (1 ha)); (2) four segments along the east coast of O1ahu on Kailua Beach, Bagley Beach (a.k.a. Sherwoods Beach), Kalapueo Beach, and Makapu1u Beach (29 ac (12 ha), 10 ac (4 ha), 2 ac (1 ha), and 3 ac (1 ha)); (3) one segment at Ma¯nana Island (a.k.a Rabbit Island) (1 ac (less than 1 ha); and (4) one segment along the southeast shore of O1ahu at Sandy Beach (4 ac (2 ha)). Lands within this unit include approximately 7 ac (3 ha; 14 percent) in State ownership, 3 ac (1 ha; 6 percent) in local government ownership, less than 1 ac (less than 1 ha; 1 percent) in private/other ownership, and 42 ac (17 ha; 79 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding), and tourism. Unit HI–14 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Some areas in this unit have existing outreach efforts at beaches for beach users on respectful wildlife viewing guidance, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Approximately 1 ac (less than 1 ha; 2 percent) of the unit overlaps with VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 currently designated critical habitat for the following Hawaiian plants (77 FR 57648, September 18, 2012): Chamaesyce kuwaleana, Sesbania tomentosa, and Vigna o-wahuensis at Ma¯nana Island. Threats to the PBFs identified within Unit HI–14 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, human activities (i.e., shoreline stabilization, sand renourishment, transportation, dredging, and flood control), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. State-owned lands within this unit are managed by HDSP and HDOFAW for plant and wildlife conservation as part of the Kaiwi Scenic Shoreline and Ma¯nana Island Seabird Sanctuary (HDSP 2022d, no page numbers; HDSP 2002e, no page numbers; HDOFAW 2022, no page numbers). Unit HI–15: 1Ewa Moku Unit HI–15 consists of 9 ac (4 ha) in the community of 1Ewa Beach, Honolulu County, on the island of O1ahu. This unit is located approximately 9 to 17 mi (14 to 28 km) west of the city of Honolulu, O1ahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, or hardened or developed structures (e.g., retaining walls or hardened shoreline). This unit comprises three segments in two areas west of Pearl Harbor: (1) one segment on the southwest coast of O1ahu at Laniku¯honua Beach (1 ac (less than 1 ha)); and (2) two segments along 1Ewa Beach (from west to east, less than 1 ac (less than 1 ha) and 8 ac (3 ha)). Lands within this unit include approximately less than 1 ac (less than 1 ha; 3 percent) in local government ownership, 2 ac (1 ha; 25 percent) in private/other ownership, and 7 ac (3 ha; 72 percent) that are uncategorized. General land use within this unit is natural resource PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 conservation, recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, and beachcombing), and tourism. Unit HI–15 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Threats to the PBFs identified within Unit HI–15 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–16: Moloka1i Island Unit HI–16 consists of 160 ac (65 ha) along the eastern and northern coasts of Moloka1i, Maui County, and Kalawao County (Kalaupapa National Historical Park). This unit is located approximately 7 to 17 mi (11 to 27 km) northwest to north of the town of Kaunakakai, Moloka1i, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or cliff. This unit comprises eight segments in five areas: (1) two segments on Kawa¯kiu Gulch Beach (3 ac (1 ha) and less than 1 ac (less than 1 ha)); (2) two segments on Pa¯po¯hakuma¯uliuli Beach (3 ac (1 ha) and 2 ac (1 ha)); (3) one segment each at Kepuhi Beach (12 ac (5 ha)) and Pa¯po¯haku Beach (66 ac (27 ha)); (4) one segment at Kawa1aloa Beach (48 ac (19 ha)); and (5) 26 ac (10 ha) at 1Awahua Beach. Lands within this unit include E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules approximately 15 ac (6 ha; 10 percent) in State ownership, 104 ac (42 ha; 65 percent) in private ownership, and 40 ac (16 ha; 25 percent) that are uncategorized. General land use within this unit is cultural resource preservation, natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, body boarding), and tourism. Unit HI–16 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The island of Moloka1i is mainly vast tracts of undeveloped natural coastal and forest habitat that surround the beach nesting areas, thereby providing limited disturbance from human activities during the nesting season as compared to other areas within the DPS. The small human population on the island also limits the amount of disturbance to basking green turtles (compared to other areas within the DPS). Threats to the PBFs identified within Unit HI–16 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; and removing terrestrial debris on the beaches and marine debris that washes ashore. Federal lands within this unit are leased from the State and managed by the National Park Service (NPS) for cultural and historical preservation and plant and wildlife conservation as part of the Kalaupapa National Historical Park (NPS 2021a, entire). Privately owned lands within this unit are managed by The Nature Conservancy (TNC) as the Mo1omomi VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Preserve for plant and wildlife conservation (TNC 2011, entire). Unit HI–17: Ka¯1anapali Moku Unit HI–17 consists of 34 ac (14 ha) along the northeast coast of Maui, Maui County. This unit is located approximately 1 to 5 mi (2 to 8 km) northeast and southwest of the community of Kapalua, including beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures (e.g., retaining walls, hardened shoreline, or buildings). This unit includes five segments in three areas: (1) one segment on D.T. Fleming Beach Park (4 ac (2 ha)); (2) one segment less than 1 ac (less than 1 ha) on 1Alaeloa Beach; and (3) one segment each on Po¯hakuanapali Beach (5 ac (2 ha)), Honoko¯wai Beach (3 ac (1 ha)), and Ka1anapali Beach 1 (21 ac (9 ha)). Lands within this unit include approximately 1 ac (less than 1 ha; 2 percent) in State ownership, 10 ac (4 ha; 30 percent) in private ownership, and 23 ac (9 ha; 68 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding) and tourism. Unit HI–17 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Threats to the PBFs identified within Unit HI–17 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, human activities (i.e., shoreline stabilization, sand renourishment, and transportation), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 46409 or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–18: Pu¯1ali Komohana and Ha¯ma¯kuapoko Moku Unit HI–18 consists of 73 ac (29 ha) on the northeast coastline of West Maui and the northwest coastline of East Maui, Maui County, on the island of Maui. This unit is located approximately 5 to 8 mi (7 to 13 km) northwest to east of the community of Kahului and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., retaining walls, hardened shoreline, or a building). This unit comprises 16 segments in 6 areas: (1) northwest of Kahului Harbor, 1 segment each on Kalaeili1ili1i Beach, Waihee Beach, and Ka1ehu Beach (7 ac (3 ha), 6 ac (3 ha), and 7 ac (3 ha)); (2) 4 segments by the Kahului International Airport along Kanaha¯ Beach (from west to east, 1 ac (less than 1 ha), less than 1 ac (less than 1 ha), 4 ac (2 ha), and 10 ac (4 ha)); (3) 1 segment along Papa1ula Point (7 ac (3 ha)); (4) 3 segments east of the Kahului International Airport along Spreckelsville Beach (from west to east, 2 ac (1 ha), and 2 segments each of which are 1 ac (less than 1 ha)); (5) 1 segment on Kapukaulua Beach (17 ac (7 ha)); (3) 2 segments along Pa¯1ia Bay (from west to east, 2 ac (1 ha) and 3 ac (1 ha)); and (6) 2 segments along Ha¯ma¯kuapoko-Ho1okipa Beach (from west to east, 2 ac (1 ha) and 2 ac (1 ha)). Lands within this unit include approximately 17 ac (7 ha; 23 percent) in State ownership, 6 ac (2 ha; 8 percent) in local government ownership, 30 ac (12 ha; 42 percent) in private/ other ownership, and 19 ac (8 ha; 27 percent) that are uncategorized. General land use within this unit is archeological and cultural preservation, natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, body boarding), and tourism. Unit HI–18 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other E:\FR\FM\19JYP2.SGM 19JYP2 46410 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The majority of the beach areas in this unit are adjacent to parks, airports, golf courses, or forested areas, thereby providing reduced levels of impacts compared to other areas within the DPS. This unit has existing outreach efforts at some beaches for beach users on respectful wildlife viewing guidance, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Approximately 6 ac (2 ha; 8 percent) of the unit overlap with designated critical habitat for Blackburn’s sphinx moth (68 FR 34710, June 10, 2003) at Kanaha¯ Beach. Threats to the PBFs identified within Unit HI–18 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. The privately owned lands within this unit are managed by Hawai1i Land Trust as part of the Waihe1e Coastal Dunes and Wetlands Refuge for archeological and cultural preservation, plant and wildlife conservation, and recreation (Hawai1i Land Trust 2022, no page numbers). Unit HI–19: La¯haina¯ Moku Unit HI–19 consists of 32 ac (13 ha) from the communities of Ka¯1anapali to La¯haina¯, Maui County. This unit is located approximately 1 to 3 mi (2 to 5 km) northwest and southeast of the town of La¯haina¯ and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, or hardened or developed VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 structures (e.g., retaining walls, hardened shoreline, or buildings). This unit comprises three segments: (24 ac (10 ha), 2 ac (1 ha), and 6 ac (2 ha)) at Ka¯1anapali Beach, Wahikuli Beach, and La¯haina¯ Beach. Lands within this unit include approximately less than 1 ac (less than 1 ha; less than 1 percent) in State ownership, 3 ac (1 ha; 9 percent) in local government ownership, 7 ac (3 ha; 21 percent) in private/other ownership, and 23 ac (9 ha; 70 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding) and tourism. Unit HI–19 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Threats to the PBFs identified within Unit HI–19 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–20: South Pu¯1ali Komohana and Kula Moku Unit HI–20 consists of 17 ac (7 ha) along the shores of Ma¯1alaea Bay in Kı¯hei, Maui County. This unit is located approximately 13 to 17 mi (21 to 27 km) south of the town of La¯haina¯ and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., retaining walls, hardened shoreline, or buildings). This unit comprises three segments, one each on Ma¯1alaea Beach (less than 1 ac (less than 1 ha)), Kalepolepo Beach (4 ac (1 ha)), and Kawililipoa Beach (13 ac (5 ha)). Lands within this unit include approximately less than 1 ac (less than 1 ha; less than 1 percent) in Federal ownership, less than 1 ac (less than 1 ha; 1 percent) in State ownership, 4 ac (2 ha; 26 percent) in local government ownership, less than 1 ac (less than 1 ha; 1 percent) in private/other ownership, and 12 ac (5 ha; 73 percent) that are uncategorized. General land use in this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding) and tourism. Unit HI–20 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. This unit has existing outreach efforts at some beaches for beach users on respectful wildlife viewing guidance, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Threats to the PBFs identified within Unit HI–20 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. The Federal land within this unit is the NOAA Hawaiian Islands Humpback Whale National Marine Sanctuary Visitor Center, which provides outreach and stewardship for the protection of marine species and their habitats, including the green turtle nesting and basking beaches. Unit HI–21: Ha¯na Moku Unit HI–21 consists of 3 ac (1 ha) in the small rural community of Ha¯na, Maui County. This unit is located approximately 46 mi (74 km) southeast of the town of La¯haina¯ and includes beach, sandy shoals, coastal vegetation, emergent sandy lands, and low shelving reef or rock above the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or cliff. This unit comprises three segments in two areas: (1) two segments on Ha¯moa Beach (from north to south, 2 ac (1 ha) and less than 1 ac (less than 1 ha)), and (2) 1 ac (less than 1 ha) on Ha¯na Beach. Lands within this unit include approximately 2 ac (1 ha; 63 percent) in private ownership and 1 ac (less than 1 ha; 37 percent) that is uncategorized. General land use in this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding) and tourism. Unit HI–21 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The segments of the unit near the concentrated residential area (and small population) of Hana contains a significant amount of tall vegetation that buffers the nesting beach from artificial lights, and all the areas in this unit are surrounded by large tracts of abandoned agricultural fields, with the segment near Hana being at the bottom of a steep cliff; therefore, these areas provide overall limited disturbance to nesting and basking green turtles compared to other areas within the DPS. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Threats to the PBFs identified within Unit HI–21 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–22: Honua1ula Moku Unit HI–22 consists of less than 1 ac (less than 1 ha) along the south coast of Maui, Maui County. This unit is located approximately 22 to 25 mi (35 to 40 km) southeast of the town of La¯haina¯ and includes beach, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, a lava rock, or hardened or developed structures (e.g., hardened shoreline). This unit comprises two segments, both of which are less than 1 ac (less than 1 ha) each at Ma¯kena Landing Beach and Mokuha Beach. Lands within this unit include approximately less than 1 ac (less than 1 ha; 83 percent) in State ownership and less than 1 ac (less than 1 ha; 11 percent) in private ownership. General land use in this unit is natural resource conservation and recreational activities (e.g., fishing, snorkeling, swimming, and picnicking). Unit HI–22 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The segment at Mokuha Beach is along the undeveloped south coast of East Maui, surrounded by approximately 1,238 ac (501 ha) of inhospitable coastal lava flow within ¯ hihi-Kina1u Natural Area Reserve. the 1A Additionally, there is limited access to PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 46411 this beach compared to other areas within the DPS, further limiting impacts to green turtles during the nesting season and basking turtles year-round. Approximately less than 1 ac (less than 1 ha; 78 percent) of the unit overlaps with designated critical habitat for Blackburn’s sphinx moth (68 FR 34710, June 10, 2003), as well as the following Hawaiian plants (81 FR 17790, March 30, 2016): Bidens micrantha ssp. kalealaha, Bonamia menziesii, Canavalia pubescens, Cenchrus agrimonioides, Colubrina oppositifolia, Ctenitis squamigera, Flueggea neowawraea, Hibiscus brackenridgei, Melanthera kamolensis, Melicope mucronulata, Neraudia sericea, Nototrichium humile, Santalum haleakalae var. lanaiense, Sesbania tomentosa, Solanum incompletum, Spermolepis hawaiiensis, and Zanthoxylum hawaiiensis at Mokuha Beach. Threats to the PBFs identified within Unit HI–22 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization, recreation and tourism, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. The State lands within this unit are managed by HDOFAW for wildlife ¯ hihi-Kina1u conservation as part of the 1A Natural Area Reserve (HDOFAW 2012, entire). Unit HI–23: La¯na1i Island Unit HI–23 consists of 161 ac (65 ha) along the north and northeast coast of La¯na1i, Maui County. This unit is located approximately 6 to 10 mi (10 to 16 km) northwest to northeast of La¯na1i City and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. This unit comprises six segments in two areas: (1) 86 ac (35 ha) at Polihua Beach; and (2) five segments in Ko1olau Moku (west to east, 9 ac (4 ha), 1 ac (less than 1 ha), 16 ac (7 ha), 7 ac (3 ha), and 43 ac (17 ha)). Lands within this unit include E:\FR\FM\19JYP2.SGM 19JYP2 46412 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules approximately 145 ac (59 ha; 90 percent) in private ownership and 17 ac (7 ha; 10 percent) that are uncategorized. General land use in this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, and hunting). Unit HI–23 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. The areas in this unit are also not near the developed areas and access to the unit is over rough terrain, further limiting disturbance to green turtles that are nesting and basking. Threats to the PBFs identified within Unit HI–23 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; and removing terrestrial debris on the beaches and marine debris that washes ashore. All lands within this unit are managed by HDOFAW as part of the La¯na1i Cooperative Game Management Area (HDOFAW 2022, no page numbers). ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit HI–24: Kaho1olawe Island Unit HI–24 consists of 3 ac (1 ha) along the west coast of the island of Kaho1olawe, Maui County. This unit is located approximately 25 mi (41 km) southeast of La¯na1i City and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. All lands within this unit are in State ownership. General land use within this unit is cultural resource preservation and natural resource conservation. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Unit HI–24 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented nesting green turtles as compared to other beaches in the area, demonstrating that it serves as an important nesting site. This unit also has basking green turtles year-round, which shows that it serves as important basking habitat throughout the year. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting and basking population to expand and recover. Access to the island of Kaho1olawe is restricted to boat or helicopter, which is strictly coordinated by the Kaho1olawe Island Reserve Commission and a nonprofit organization, and much of the land is off limits due to unexploded ordnance remaining in the ground after being used in the past by the U.S. military for bombing training. Therefore, this area provides overall limited disturbance to nesting and basking green turtles compared to other areas within the DPS. Most of the unit (just under 3 ac (1 ha; 94 percent)) overlaps with designated critical habitat for three Hawaiian plants (81 FR 17790, March 30, 2016): Kanaloa kahoolawensis, Sesbania tomentosa, and Vigna owahuensis. Threats to the PBFs identified within Unit HI–24 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, human activities associated with cleanup of unexploded ordnance, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; minimizing human access and activities during the green turtle nesting season; and removing terrestrial debris on the beaches and marine debris that washes ashore. All lands within this unit are managed by the Kaho1olawe Island Reserve Commission for archeology and cultural preservation and plant and animal conservation (Kanaloa 2026 Working Group 2014, entire). Unit HI–25: South Kohala Unit HI–25 consists of 33 ac (13 ha) in the community of Puako¯, Hawai1i County. This unit is located approximately 52 to 55 mi (83 to 88 km) northwest of the town of Hilo and includes beach, sandy shoals, coastal PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 vegetation, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures (e.g., retaining walls, hardened shoreline, or buildings). This unit comprises 11 segments in 3 areas: (1) 1 segment each on Puako¯ Bay (5 ac (2 ha)), Waima¯ Point (7 ac (3 ha)), Kapuniau Point (2 ac (1 ha)), Puako¯ Beach Drive (4 ac (2 ha)), Holoholokai Beach (2 ac (1 ha)), Pauoa Bay Beach (1 ac (less than 1 ha)), Papakonani Boat Landing (less than 1 ac (less than 1 ha)), and Nanuku Cove (2 ac (1 ha)); (2) 2 segments along Makaı¯wa Bay, each of which are 1 ac (less than 1 ha); and (3) 1 segment along Waikoloa Bay (7 ac (3 ha)). Lands within this unit include approximately 18 ac (7 ha; 54 percent) in State ownership, 9 ac (3 ha; 26 percent) in private ownership, and 7 ac (3 ha; 20 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding) and tourism. Unit HI–25 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented basking green turtles year-round, demonstrating that it serves as important basking habitat throughout the year. Additionally, there are efforts by Federal and State agencies, nonprofit and for-profit organizations and businesses to provide outreach on green turtle biology and respectful viewing guidance, thereby providing the turtles limited disturbance compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–25 include habitat loss, modification, and degradation of basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Unit HI–26: Kona Moku on Hawai1i Island Unit HI–26 consists of 50 ac (20 ha) in the communities of Ku¯ki1o and Kailua-Kona, Hawai1i County. This unit is located approximately 55 to 58 mi (89 to 93 km) west of the town of Hilo and includes beach, sandy shoals, and emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, lava flow, cliff, or hardened or developed structures (e.g., retaining walls, hardened shoreline, or buildings). This unit comprises 15 segments in 4 areas: (1) 5 segments along Kı¯holo Beach (from north to south, 1 ac (1 ha), 1 ac (less than 1 ha), 8 ac (3 ha), 1 ac (less than 1 ha), and less than 1 ac (less than 1 ha)); (2) 1 segment each along Ka1u¯pu¯lehu Beach (1 ac (less than 1 ha)), Ka1u¯pu¯lehu Coast (5 ac (2 ha)), Ku¯ki1o Bay (4 ac (2 ha)), and Kikaua Beach (6 ac (2 ha)); (3) 1 segment each along Kaloko Point and Honoko¯hau Bay (7 ac (3 ha)), Wai1aha Bay (1 ac (less than 1 ha)), and Kahalu1u Beach (less than 1 ac (less than 1 ha)), all south of the Kona International Airport; and (4) 3 segments along Ho¯naunau Bay (from north to south, 2 each of which are less than 1 ac (less than 1 ha) and one segment that is 9 ac (3 ha)). Lands within this unit include approximately 12 ac (5 ha; 24 percent) in Federal ownership, 15 ac (6 ha; 30 percent) in State ownership, less than 1 ac (less than 1 ha; 1 percent) in local government ownership, 10 ac (4 ha; 19 percent) in private/other ownership, and 13 ac (5 ha; 27 percent) that are uncategorized. General land use within this unit is cultural resource preservation, natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, and body boarding), and tourism. Unit HI–26 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented green turtles basking year-round, demonstrating that it serves as important basking habitat throughout the year. Additionally, this unit contains habitat for the basking population to expand, and there are ongoing efforts by Federal and State agencies, as well as nonprofit and forprofit organizations and businesses providing outreach on green turtle biology and respectful viewing guidance, thereby providing overall VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 limited disturbance to green turtles compared to other areas in the DPS. Threats identified within Unit HI–26 include habitat loss, modification, and degradation of basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, shoreline stabilization and sand renourishment, recreation and tourism, coastal development and construction, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; and removing terrestrial debris on the beaches and marine debris that washes ashore. Federal lands within this unit are managed by the NPS for cultural preservation and plant and wildlife conservation as part of the Kaloko-Honoko¯hau National Historical Park (NPS 1994, entire), Kı¯holo State Park Reserve (HDSP 2022e, no page numbers), and Pu1u Honau O Ho¯naunau National Historical Park (NPS 2020a, p. 40). Unit HI–27: Hilo Moku Unit HI–27 consists of 2 ac (1 ha) in the town of Hilo, Hawai1i County. This unit is located approximately 4 to 5 mi (6 to 8 km) northeast of the Hilo International Airport and includes beach, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or lava flow. This unit comprises two segments: 1 ac (less than 1 ha) and 1 ac (less than 1 ha) at Carl Smith Park and Leleiwi Park, respectively. Lands within this unit include approximately 1 ac (less than 1 ha; 36 percent) in State ownership, less than 1 ac (less than 1 ha; 10 percent) in local government ownership, and 1 ac (less than 1 ha; 54 percent) that is uncategorized. General land use in this unit is recreational activities (e.g., fishing, snorkeling, swimming, and picnicking) and tourism. Unit HI–27 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented green turtles basking year-round, indicating that it serves as important basking habitat throughout the year. Additionally, this unit contains habitat for the basking population to expand. Threats to the PBFs identified within Unit HI–27 include habitat loss, modification, and degradation of PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 46413 basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation and tourism, coastal development and construction, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit HI–28: Kea1au Unit HI–28 consists of 1 ac (less than 1 ha) in the community of Kea1au, Hawai1i County. This unit is located approximately 9 mi (14 km) southeast of the town of Hilo and includes beach, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation. Lands within this unit include approximately less than 1 ac (less than 1 ha; 62 percent) in private ownership and less than 1 ac (less than 1 ha; 41 percent) that is uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, and picnicking). Unit HI–28 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented green turtles basking year-round, indicating that it serves as important basking habitat throughout the year. Additionally, this unit contains habitat for the basking population to expand. Access by vehicle to this beach is limited because it is on private property, thereby limiting disturbance to nesting and basking green turtles as compared to other areas within the DPS. Threats to the PBFs identified within Unit HI–28 include habitat loss, modification, and degradation of basking beach habitat, naturally caused disasters (i.e., hurricanes, tsunamis, and volcanic eruption), invasive nonnative vegetation, recreation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; and removing terrestrial debris on the beaches and marine debris that washes ashore. E:\FR\FM\19JYP2.SGM 19JYP2 46414 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Unit HI–29: Pohoiki Beach Unit HI–29 consists of 9 ac (4 ha) in the community of Pahoa, Hawai1i County. This unit is located approximately 24 mi (39 km) southeast of the town of Hilo and includes beach, sandy shoals, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or lava flow. Lands within this unit include approximately less than 1 ac (less than 1 ha; 1 percent) in State ownership, 4 ac (1 ha; 38 percent) in local government ownership, less than 1 ac (less than 1 ha; 1 percent) in private/other ownership, and 6 ac (2 ha; 60 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, surfing, and picnicking). Unit HI–29 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented green turtles basking year-round, demonstrating that it serves as important basking habitat throughout the year. Additionally, this unit contains habitat for the basking population to expand. Threats to the PBFs identified within Unit HI–29 include habitat loss, modification, and degradation of basking beach habitat, naturally caused disasters (i.e., hurricanes, tsunamis, and volcanic eruptions), invasive nonnative vegetation, recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; and removing terrestrial debris on the beaches and marine debris that washes ashore. ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit HI–30: Keauhou Unit HI–30 consists of 16 ac (7 ha) in the community of Volcano, Hawai1i County. This unit is located approximately 33 mi (53 km) southwest of the town of Hilo and includes black sand beach, sandy shoals, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or lava flow. This unit comprises four segments in two areas: (1) two segments along Halape¯ Iki Beach (1 ac (less than 1 ha) and 3 ac (1 ha)); and (2) one segment each along Keauhou Point (4.5 ac (2 ha)) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 ¯ pua Point (8 ac (3 ha)). Lands and 1A within this unit include approximately 9 ac (4 ha; 56 percent) in Federal ownership and 7 ac (3 ha; 44 percent) that are uncategorized. General land use within this unit is cultural resource preservation, natural resource conservation, recreational activities (e.g., hiking, birdwatching, and camping), and tourism. Unit HI–30 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented green turtles basking year-round, demonstrating that it serves as important basking habitat throughout the year. This unit also contains habitat for the basking population to expand. Human access in this unit is primarily by foot, with little to no access by vehicles, and the surrounding lands are undeveloped lava flows, thereby providing overall limited disturbance to nesting and basking green turtles as compared to other areas within the DPS. Additionally, Hawai1i Volcanoes National Park provides outreach on green turtle biology and respectful viewing guidance, thereby affording nesting and basking turtles in these areas limited disturbance compared to other beaches in the same geographic areas. Approximately 3 ac (1 ha; 19 percent) of the unit overlap with designated critical habitat for one Hawaiian plant: Ischaemum byrone (68 FR 39624, July 2, 2003) at Keauhou and ¯ pua Points. 1A Threats to the PBFs identified within Unit HI–30 include habitat loss, modification, and degradation of basking beach habitat, naturally caused disasters (i.e., hurricanes, tsunamis, and volcanic eruption), invasive nonnative vegetation, recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; and removing terrestrial debris on the beaches and marine debris that washes ashore. Federal lands within this unit are managed by the NPS for cultural preservation and plant and wildlife conservation as part of the Hawai1i Volcanoes National Park (NPS 2016, entire). Unit HI–31: Ka1u¯ Moku Unit HI–31 consists of 17 ac (7 ha) along the southeast and southern coast of the island of Hawai1i, Hawai1i County. This unit is located approximately 47 to PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 69 mi (75 to 111 km) southwest of the town of Hilo and includes black sand beach, sandy shoals, coastal vegetation, emergent sandy lands, and low shelving reef or rock from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or lava flow. This unit comprises 10 segments in 4 areas: (1) 1 segment along the southwest coast of ¯ wili Shoreline (2 ac Hawai1i Island on 1A (1 ha)); (2) 2 segments along Humuhumu Point (1.4 ac (1 ha) and 2 ac (1 ha)); (3) 1 segment each on Po¯hue Beach (1 ac (less than 1 ha)) and Kahakahakea Beach (4 ac (2 ha)); (4) 1 segment each along the southeast shore coast of Hawai1i Island on Kamehame Beach (1 ac (less than 1 ha)), Punalu1u Beach (3 ac (1 ha)), Pu1u Moa Point (less than 1 ac (less than 1 ha)), Kapukini Shoreline (1 ac (less than 1 ha)), and Ninole Cove (2 ac (1 ha)). Lands within this unit include approximately 5 ac (2 ha; 27 percent) in Federal ownership; 3 ac (1 ha; 16 percent) in State ownership, 4 ac (2 ha; 24 percent) in local government ownership, 4 ac (1 ha; 21 percent) in private/other ownership, and 2 ac (1 ha; 12 percent) that are uncategorized. General land use within this unit is natural resource conservation and recreational activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, and camping). Unit HI–31 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of documented green turtles basking year-round, demonstrating that it serves as important basking habitat throughout the year. Additionally, this unit contains habitat for the basking population to expand. Access to this unit is primarily by foot, with very little to no access by vehicle, thereby providing limited disturbance to nesting and basking green turtles as compared to other areas within the DPS. Additionally, this unit contains habitat for the basking population to expand, and there are ongoing efforts by Federal and State agencies providing outreach on green turtle biology and respectful viewing guidance, thereby providing overall limited disturbance to green turtles compared to other areas in the DPS. Threats to the PBFs identified within Unit HI–31 include habitat loss, modification, and degradation of nesting and basking beach habitat, naturally caused disasters (i.e., hurricanes and tsunamis), invasive nonnative vegetation, recreation, artificial lights, and presence of terrestrial and marine debris. Special management E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, including removal of invasive vegetation; conducting an outreach program on respectful viewing of wildlife; minimizing human access and activities during the green turtle nesting season; minimizing artificial lighting near nesting beaches; and removing terrestrial debris on the beaches and marine debris that washes ashore. State lands within this unit are managed by the HDLNR for wildlife conservation as part of the Manuka¯ Natural Area Reserves (HDOFAW 1992, entire), and private lands within this unit are managed by TNC for wildlife conservation as part of the Kamehame Preserve (TNC 2022, no page numbers). ddrumheller on DSK120RN23PROD with PROPOSALS2 Central South Pacific DPS Unit AS–01: Palmyra Atoll Unit AS–01 consists of 22 ac (9 ha) on Palmyra Atoll, the second northernmost atoll in the Northern Line Islands, is an incorporated unorganized territory of the United States. This unit is located approximately 1,512 mi (2,434 km) north of Pago Pago, the territorial capital village of American Samoa on Tutuila Island, American Samoa (a.k.a. Amerika Samoa), and includes beach, coastal vegetation, and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or now abandoned structures. This unit comprises three segments that are 3 ac (1 ha), 16 ac (7 ha), and 3 ac (1 ha) on Strawn, Cooper, and Aviation Islands, respectively. Lands within this unit include approximately 7 ac (3 ha; 32 percent) in Federal ownership and 15 ac (6 ha; 68 percent) in private ownership. General land use within this unit is natural resource conservation, scientific research, and tourism. There are no permanent inhabitants on Palmyra Atoll. Unit AS–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains green turtle nesting habitat at the northernmost part of the Central South Pacific DPS that is under U.S. jurisdiction, serving as an important protected nesting area. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. The Federal and private lands support protected nesting beach area with restricted human access. Threats to the PBFs identified within Unit AS–01 include habitat loss, VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., cyclones and tsunamis), recreation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, and removing terrestrial debris on the beaches and marine debris that washes ashore. The Federal lands (Strawn and Aviation Islands) in this unit are managed by the USFWS as the Palmyra Atoll NWR (USFWS 2021, entire) and the Pacific Remote Islands National Marine Monument (NOAA and USFWS 2021, entire (86 FR 72214, December 21, 2021)). The private lands (Cooper Island) in this unit are managed by TNC as the Palmyra Atoll Reserve (U.S. Geological Survey (USGS) 2011, entire). Unit AS–02: Swains Island Unit AS–02 consists of 125 ac (50 ha) on Swains Island, Territory of American Samoa. This unit and island are located approximately 224 mi (360 km) north of Pago Pago, the territorial capital village of American Samoa on Tutuila Island, American Samoa, and includes beach, coastal vegetation, and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures. All lands within this unit are uncategorized ownership. General land use within this unit is agriculture (e.g., coconut plantation). The last settlement, Taulaga Village, does not have permanent inhabitants. Unit AS–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit is the only U.S. jurisdiction in the northwestern area of this DPS, serving as an important nesting area. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population of green turtles to expand and recover. The uncategorized land area includes natural beaches on an island that is remote and to which human access is restricted. Threats to the PBFs identified within Unit AS–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., cyclones and tsunamis), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 46415 include conducting habitat restoration or management and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit AS–03: Ofu and Olosega Islands Unit AS–03 consists of 49 ac (20 ha) on Ofu and Olosega Islands, the westernmost islands in the Manua Island Group. This unit is located approximately 69 to 72 mi (111 to 116 km) slightly northeast of Pago Pago, the territorial capital village of American Samoa on Tutuila Island, American Samoa, and includes beach, coastal vegetation, and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures (e.g., retaining walls or hardened embankments). This unit comprises 12 segments in 9 areas: (1) 2 segments along the northeast coast of Ofu Island at Tuafanua and Mafafa (2 ac (1 ha) and 5 ac (2 ha)); (2) 2 segments along Asagatai (from north to south, 2 ac (1 ha) and 1 ac (less than 1 ha)); (4) 3 segments along the southeast coastline of Ofu at Toaga (from west to east, 1 ac (less than 1 ha), 2 ac (1 ha), and 5 ac (2 ha)); (5) 1 segment northeast of Ofu Airport at Fatauana (1 ac (less than 1 ha)); (6) 1 segment surrounding the Ofu Airport at Vaoto (6 ac (2 ha)); (7) 1 segment northwest of the Ofu Airport at Matasina (2 ac (1 ha)); (8) 1 segment along the north coast of Olosega Island within the village of Sili and the settlements of Faiava and Lalomoana (10 ac (4 ha)); and (9) 1 segment along the south coast of Olosega Island within the village of Olosega (13 ac (5 ha)). All lands within this unit are uncategorized ownership. General land use within this unit is cultural resource preservation, natural resource conservation, recreational activities (e.g., swimming, picnicking, and fishing), sand mining, and uninhabited areas. Unit AS–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles as compared to other beaches in the area, residing on islands that do not have a large human population. Three proposed critical habitat segments (i.e., Tuaganua, Mafafa, and Northern Olosega) are primarily uninhabited and have limited to no vehicle or pedestrian access, providing important nesting areas with limited disturbance to green turtle eggs, hatchlings, and adults during nesting season. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season E:\FR\FM\19JYP2.SGM 19JYP2 46416 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 and area for the nesting population of green turtles to expand and recover. Threats to the PBFs identified within Unit AS–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., cyclones and tsunamis), human activities (i.e., shoreline stabilization, transportation, and sand mining), recreation and tourism, artificial lights, coastal development and construction, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, minimizing human access and activities during green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Approximately 8 ac (3 ha; 16 percent) of the uncategorized lands are leased and managed by the NPS as the National Park of American Samoa (NPS 1997, entire). Unit AS–04: Ta1u Island Unit AS–04 consists of 34 ac (14 ha) on Tau Island, the easternmost island in the Manua Island Group. This unit is located approximately 80 to 85 mi (129 to 137 km) east of Pago Pago, the territorial capital village of American Samoa on Tutuila Island, American Samoa, and includes beach, coastal vegetation, and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises six segments in three areas: (1) one segment along the east coast of Tau Island at Luamaa-Saua Beach (13 ac (5 ha)); (2) one segment each along the south coast at Maefu Beach (4 ac (1 ha)) and Lepisi Beach (6 ac (2 ha)); and (3) three segments along the western coast of Tau at the old Amouli Village (Amouli Beach) (7 ac (3 ha)), Afuli Cove Beach (3 ac (1 ha)), and Fagamolo Cove Beach (1 ac (less than 1 ha)). All lands within this unit are uncategorized ownership. General land use within this unit is cultural resource preservation, natural resource conservation, recreational activities (e.g., swimming, picnicking, and fishing), sand mining, and uninhabited areas. Unit AS–04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles as compared to other beaches in the area, indicating that it serves as an important nesting area in this U.S. jurisdiction of the DPS. All the areas within this unit VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 are remote with no direct vehicle access, limited pedestrian access, or are uninhabited, which provides overall limited disturbance to green turtle eggs, hatchlings, or adults during nesting season. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Threats to the PBFs identified within Unit AS–04 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., cyclones and tsunamis), recreation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respective viewing of wildlife, and removing terrestrial debris on the beaches and marine debris that washes ashore. Approximately 22 ac (9 ha; 64 percent) of the uncategorized ownership lands are leased and managed by the NPS as the National Park of American Samoa (NPS 1997, entire). Unit AS–05: Aunu1u Island Unit AS–05 consists of 3 ac (1 ha) on Aunuu Island, American Samoa. This unit is located approximately 10 mi (15 km) east of Pago Pago, the territorial capital village of American Samoa on Tutuila Island, American Samoa, and includes beach, coastal vegetation, and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation and hardened or developed structures. All lands within this unit are uncategorized ownership. General land use within this unit is recreation and tourism (e.g., swimming, picnicking, and fishing). Unit AS–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles that may also internest on the nearby island of Tutuila (which currently harbors turtle nesting activity by an unidentified turtle species). This unit also contains habitat to support nesting in addition to internesting beach area to support placement of multiple nests by individual turtles within a single season, and area for the nesting population to expand and recover. Threats to the PBFs identified within Unit AS–05 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., cyclones and tsunamis), human PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 activities (i.e., sand mining, coastal development, and construction), recreation and tourism, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit AS–06: Rose Atoll Unit AS–06 consists of 10 ac (4 ha) on Rose Atoll (a.k.a. Motu o Manu), American Samoa. This unit is located approximately 260 mi (418 km) east of Pago Pago, the territorial capital village of American Samoa on Tutuila Island, American Samoa, and includes beach, coastal vegetation, and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises two segments: 5 ac (2 ha) and 4 ac (2 ha) on Sand Island and Rose Island, respectively. All lands within this unit are in Federal ownership. General land use within this unit is natural resource conservation. Unit AS–06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains an elevated concentration of nesting green turtles during the nesting season, serving as an important nesting area in this DPS. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. These Federal lands support protected, natural habitat with restricted human access. Threats to the PBFs identified within Unit AS–06 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., cyclones and tsunamis), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, implementing biological quarantine of field crews conducting surveys or resource conservation (e.g., quarantining materials to keep out unwanted seeds, arthropods, and other biological material that can degrade or alter a biologically sensitive area), and removing terrestrial debris on the E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules beaches and marine debris that washes ashore. All lands within this unit are managed by the USFWS as the Rose Atoll NWR and Rose Atoll National Marine Monument for wildlife conservation purposes under the Rose Atoll’s Comprehensive Conservation Plan (USFWS 2014, entire; USFWS 2022, entire). ddrumheller on DSK120RN23PROD with PROPOSALS2 Central West Pacific DPS Unit GU–01: Ritidian Point and Uruno Beach Unit GU–01 consists of 37 ac (15 ha) in Dededo (a.k.a. Dedidu) and Yigo (a.k.a. Yigu) Villages, northern Guam, part of the Territory of Guam. This unit is located approximately 12 mi (19 km) northeast of the Capital Village of Haga˚tn˜a, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises six segments in two areas (from north to south): (1) 20 ac (8 ha) of beach, coastal vegetation, and atoll forest at Ritidian Beach (a.k.a. Litekyan Village, Guam NWR and Ritidian Point); and (2) five segments comprising beach and coastal vegetation along Uruno Beach (a.k.a. Urunao Beach) (13 ac (5 ha) and 3 ac (1 ha)) and Falcona Beach (2 ac (1 ha), less than 1 ac (less than 1 ha), and less than 1 ac (less than 1 ha)). Lands within this unit include approximately 18 ac (7 ha; 49 percent) in Federal ownership, less than 1 ac (less than 1 ha; 1 percent) in Territorial ownership, 13 ac (5 ha; 34 percent) in private ownership, and 6 ac (2 ha; 16 percent) that are uncategorized. General land use within this unit is natural and cultural resource conservation, recreation (e.g., fishing, swimming, and picnicking), and tourism. Unit GU–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of nesting green turtles serving as an important nesting area in northern Guam. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The undeveloped lands and steep limestone karst cliffs surrounding the areas in this unit provide overall limited disturbance to green turtles during the nesting season as compared to other areas within this DPS. Approximately 18 ac (7 ha; 47 percent) of the unit overlap with currently designated critical habitat for the following Mariana wildlife: Mariana VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 fruit bat, Guam Micronesian kingfisher, and Mariana crow (69 FR 62944, October 28, 2004) at Ritidian Beach. Threats to the PBFs identified within Unit GU–01 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), recreation and tourism (including increased pedestrian traffic and general disturbance), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, and removing terrestrial debris from the beaches and marine debris that washes ashore. Federal lands within this unit are managed by the USFWS as the Guam NWR for plant and wildlife conservation purposes under the Guam NWR’s Comprehensive Conservation Plan (USFWS 2009a, entire). Unit GU–02: Jinapsan Beach Unit GU–02 consists of 14 ac (6 ha) at Jinapsan (a.k.a. Hinapsan) Beach in Yigo (a.k.a. Yigu) Village, northern Guam, part of the Territory of Guam. This unit is located approximately 14 mi (23 km) northeast of the Capital Village of Haga˚tn˜a, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. Lands within this unit include approximately 4 ac (1 ha; 26 percent) in Federal ownership, 3 ac (1 ha; 18 percent) in private ownership, and 8 ac (3 ha; 55 percent) that are uncategorized. General land use within this unit is natural resource conservation, national security, and recreation (e.g., fishing, swimming, and picnicking). Unit GU–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of nesting green turtles serving as an important nesting area in Northern Guam. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The undeveloped lands and steep limestone karst cliffs surrounding the areas in this unit provide overall limited disturbance to green turtles during the nesting season as compared to other areas within this DPS. Approximately 4 ac (2 ha) of the unit overlaps with designated critical habitat for the following Mariana wildlife: Mariana fruit bat, Guam PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 46417 Micronesian kingfisher, and Mariana crow (69 FR 62944, October 28, 2004) at Jinapsan Beach. Threats to the PBFs identified within Unit GU–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons, and tsunamis), recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during green turtle nesting season, and removing terrestrial debris from the beaches and marine debris that washes ashore. Federal lands within this unit are managed by the USFWS as the Guam NWR for plant and wildlife conservation purposes under the Guam NWR’s Comprehensive Conservation Plan (USFWS 2009a, entire). Unit GU–03: Tanguisson Unit GU–03 consists of 12 ac (5 ha) in Dededo (a.k.a. Dedidu) Village on the west side of northern Guam, part of the Territory of Guam. This unit is located approximately 7 mi (11 km) northeast of the Capital Village of Haga˚tn˜a, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises seven segments in two areas: (1) one segment at Shark’s Cove (4 ac (1 ha)); and (2) six segments (north to south) along Tanguisson Beach (2 segments each of which are 2 ac (1 ha), 1 ac (less than 1 ha), less than 1 ac (less than 1 ha), 1 ac (1 ha), and 2 ac (1 ha)). Lands within this unit include approximately 6 ac (2 ha; 50 percent) in Territorial ownership and 6 ac (2 ha; 50 percent) that are uncategorized. General land use within this unit is recreation (e.g., fishing, swimming, and picnicking). Unit GU–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of nesting green turtles serving as an important nesting area in Northern Guam. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. All areas within this unit are surrounded by steep limestone karst cliffs that provide overall limited disturbance to green E:\FR\FM\19JYP2.SGM 19JYP2 46418 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 turtles during the nesting season as compared to other areas within this DPS. Additionally, there is no direct vehicle or foot trail to access Shark’s Cove or the northernmost segment on Tanguisson Beach, nor is there significant human presence at the two southernmost areas along Tanguisson Beach, further limiting disturbance to nesting turtles in this area compared to other beaches on Guam. Threats to the PBFs identified within Unit GU–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons, and tsunamis), recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, minimizing human access and activities during green turtle nesting season, conducting an outreach program on respective viewing of wildlife, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit GU–04: Tumon Bay Unit GU–04 consists of 14 ac (6 ha) in Tamuning-Tumon (a.k.a. TamunengTomhom) and Dededo (a.k.a. Dedidu) Villages, northern Guam, part of the Territory of Guam. This unit is located approximately 3 mi (5 km) northeast of the Capital Village of Haga˚tn˜a, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments in four areas: (1) one segment on Amantes Beach (3 ac (1 ha)); (2) one segment on Fafai Beach (a.k.a. Gun Beach) (2 ac (1 ha)); and (3) two segments each of which are 1 ac (less than 1 ha) and (9 ac (4 ha) on Gonga Beach and Tumon Bay South, respectively. Lands within this unit include approximately 10 ac (4 ha; 74 percent) in private ownership and 4 ac (1 ha; 26 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreation (e.g., fishing, snorkeling, swimming, unmotorized watercraft, and picnicking), and tourism. Unit GU–04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 expand and recover, given it is also adjacent to other units with documented nesting beach for green turtle. Additionally, the Fai Beach segment sits at the bottom of a limestone karst cliff and is only accessible by a foot path, providing limited disturbance to green turtles during the nesting season as compared to other areas within this DPS. Threats to the PBFs identified within Unit GU–04 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis); recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Approximately 1 ac (less than 1 ha; 8 percent) of the lands within this unit are managed by the Territory of Guam, Department of Agriculture as the Tumon Bay Marine Preserve (Guam Visitors Bureau 2004, pp. 4–5). Unit GU–05: Haga˚tn˜a Bay Unit GU–05 consists of 7 ac (3 ha) in East Agana Bay, Tamuning-Tumon (a.k.a. Tamuneng-Tomhom) Village, west coast of northern Guam, part of the Territory of Guam. This unit is located approximately 1 mi (less than 1 km) northeast of the Capital Village of Haga˚tn˜a and includes beach and sandy shoals from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises three segments in two areas: (1) two segments (north to south) on Dungcas Beach (2 ac (1 ha) and 3 ac (1 ha)); and (2) one segment on Trinchera Beach (2 ac (1 ha)). Lands within this unit include approximately 1 ac (less than 1 ha; 11 percent) in private ownership and 6 ac (3 ha; 89 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, swimming, jet skiing, and picnicking). Unit GU–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important internesting beach area to support placement of multiple nests by individual turtles within a single season PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 and area for the nesting green turtle population to expand and recover due to its presence adjacent to other units in this geographic area with documented nesting beach for green turtle. Threats to the PBFs identified within Unit GU–05 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), shoreline stabilization, transportation, recreation and tourism, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris from the beaches and marine debris that washes ashore. Unit GU–06: Cabras Island Unit GU–06 consists of 8 ac (3 ha) in Piti Village, east coast of central Guam, part of the Territory of Guam. This unit is located approximately 8 mi (13 km) west of the Capital Village of Haga˚tn˜a and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises five segments in two areas (west to east): (1) two segments at Sea Plane Ramp, including 1 ac (less than 1 ha)) along Apra harbor and less than 1 ac (less than 1 ha) along the Philippine Sea; and (2) three segments on Cabras Beach (less than 1 ac (less than 1 ha), 7 ac (3 ha), and less than 1 ac (less than 1 ha)). Lands within this unit include approximately less than 1 ac (less than 1 ha; 1 percent) in private ownership and 8 ac (3 ha; 99 percent) that are uncategorized ownership. General land use within this unit is natural resource conservation, recreation (e.g., fishing, snorkeling, scuba diving, swimming, and picnicking), and tourism. Unit GU–06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting green turtle population to expand and recover due to its presence adjacent to other units in this geographic area with documented nesting beach for green turtle. Threats to the PBFs identified within Unit GU–06 include habitat loss, E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (i.e., sea level rise, changes in sand temperature, storms, typhoons, tsunamis, oil spills), shoreline stabilization, transportation, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the nesting season, minimizing artificial lighting near nesting beaches; and removing terrestrial debris from the beaches and marine debris that washes ashore. Approximately less than 1 ac (less than 1 ha; 4 percent) of the lands within this unit are managed by the Territory of Guam, Department of Agriculture as the Piti Bomb Holes Marine Preserve (Guam Coastal Management Program 2016, entire). Unit GU–07: Agat Bay Unit GU–07 consists of 1 ac (less than 1 ha) in Agat Bay (a.k.a. Ha˚gat Bay) in Aagat Village (a.k.a. Haga˚t Village), west coast of central Guam, part of the Territory of Guam. This unit is located approximately 9 mi (14 km) southwest of the Capital Village of Haga˚tn˜a and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. Lands within this unit include approximately less than 1 ac (less than 1 ha; 17 percent) in Federal ownership and 1 ac (less than 1 ha; 81 percent) that is uncategorized. General land use within this unit is natural resource conservation, cultural resource preservation, and recreation (e.g., fishing, swimming, and picnicking). Unit GU–07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting green turtle population to expand and recover due to its presence on the eastern coast of central Guam and its location within the DPS. Threats to the PBFs identified within Unit GU–07 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., sea level rise, changes in sand temperature, storms, typhoons, and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 tsunamis), recreation and tourism, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, and removing terrestrial debris on the beaches and marine debris that washes ashore. Federal lands within this unit are managed by the NPS as the War in the Pacific National Historical Park to conserve natural, scenic, and historic values and objects under the Agat Unit National Historic Park Management Plan (NPS 1983, entire). Unit GU–08: Pago (a.k.a. Pa˚gu) Point to Ylig Bay Unit GU–08 consists of 2 ac (1 ha) Yona (a.k.a. Yo1n˜a) Village, central Guam, part of the Territory of Guam. This unit is located approximately 5 mi (8 km) southeast of the Capital Village of Haga˚tn˜a, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four small segments in three areas: (1) one segment less than 1 ac (less than 1 ha) on Nasgon Beach; (2) two segments from north to south on Tagachan Beach (less than 1 ac (less than 1 ha) and 1 ac (less than 1 ha)); and (3) one segment less than 1 ac (less than 1 ha) in Ylig Bay (a.k.a. Ilig Bay) at Turtle Beach. Lands within this unit include approximately 2 ac (1 ha; 88 percent) in private ownership and less than 1 ac (less than 1 ha; 12 percent) that is uncategorized. General land use within this unit is recreational activities (e.g., fishing, swimming, and picnicking). Unit GU–08 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting green turtle population to expand and recover based on its location along the eastern coast of central Guam and its location within the DPS. Additionally, the unit contains natural pocket beaches at the base of steep limestone karst cliffs with a thick forest growth, limiting public access to Tagachan Beach, as well as no direct vehicle access and limited foot trail access to two of the segments and, therefore, providing limited disturbance to green turtles during the nesting PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 46419 season as compared to other areas within this DPS. Threats to the PBFs identified within Unit GU–08 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., sea level rise, changes in sand temperature, storms, typhoons, and tsunamis), recreation, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit GU–09: Talo’fo’fo Village Unit GU–09 consists of 4 ac (2 ha) in Talo’fo’fo Village, eastern coast of southern Guam, part of the Territory of Guam. This unit is located approximately 8 mi (14 km) south of the Capital Village of Haga˚tn˜a and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments: (1) two segments each of which are less than 1 ac (less than 1 ha) at Togcha Beach; (2) one segment on Ipan Beach (4 ac (2 ha)); and (3) one segment with less than 1 ac (less than 1 ha) in Inarajan Bay at Gayloup Cove. Lands within this unit include approximately 2 ac (1 ha; 34 percent) in private ownership and 3 ac (1 ha; 66 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, swimming, and picnicking) and tourism. Unit GU–09 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit includes the longest contiguous beach for nesting green turtles on the eastern side of central Guam, serving as an important nesting site on the eastern side of the island. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Threats to the PBFs identified within Unit GU–09 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., sea level rise, changes in sand temperature, storms, typhoons, and E:\FR\FM\19JYP2.SGM 19JYP2 46420 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 tsunamis), shoreline stabilization, recreation, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit GU–10: Huma˚tak Village Unit GU–10 consists of 7 ac (3 ha) in Huma˚tak Village along the western coast of southern Guam, part of the Territory of Guam. This unit is located approximately 13 mi (20 km) southwest of the Capital Village of Haga˚tn˜a and includes beach habitat from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments in four areas from north to south: (1) one segment on Sagua Beach (2 ac (1 ha)); (2) one segment on Achuga Valley Beach (2 ac (1 ha)); (3) one segment on Sella Bay (1 ac (less than 1 ha)); and (4) one segment on Cetti Bay (3 ac (1 ha)). Lands within this unit include approximately 1 ac (1 ha; 17 percent) in private ownership and 6 ac (3 ha; 83 percent) that are uncategorized. General land use within this unit is natural resource conservation. Unit GU–10 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit contains limited access natural beaches in southwest Guam, representing the only unit on the southwest coast for nesting green turtles and thus serving as an important nesting habitat on the southernmost island within the U.S. jurisdiction of this DPS. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Threats to the PBFs identified within Unit GU–10 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management and removing terrestrial debris on the beaches and marine debris VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 that washes ashore. The private and uncategorized lands within this unit are managed by the Guam Department of Agriculture (GDoAg) as part of the Guam Territorial Seashore Park (Guam 1978, entire; GDoAg 2013, entire). Unit GU–11: Nomna Bay Unit GU–11 consists of less than 1 ac (less than 1 ha) in Talo’fo’fo Village, the eastern coast of southern Guam, part of the Territory of Guam. This unit is located approximately 10 mi (15 km) southeast of the Capital Village of Haga˚tn˜a and includes beach from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises two segments from north to south, each of which are 1 ac (less than 1 ha) in Nomna Bay (a.k.a. Nomnia Bay) at Perez Beach. All land within this unit is uncategorized ownership. General land use within this unit is recreational activities (e.g., fishing, swimming, surfing, and picnicking). Unit GU–11 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important nesting areas on the eastern coast of southern Guam and as the southernmost island within the U.S. jurisdiction of this DPS. The beaches in this area have direct access by humans, although they are remote and surrounded by steep limestone karst cliffs that provide limited disturbance to green turtles during the nesting season as compared to other areas within this DPS. This unit also contains habitat for internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Threats to the PBFs identified within Unit GU–11 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons, and tsunamis), recreation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit GU–12: Inarajan Bay Unit GU–12 consists of 4 ac (1 ha) in Inarajan Village (a.k.a. Inala˚han Village) PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 on the east coast of southern Guam, part of the Territory of Guam. This unit is located approximately 13 mi (22 km) southeast of the Capital Village of Haga˚tn˜a and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises two segments on Guaifan shoreline (1 ac (less than 1 ha)) and along Inarajan Bay (a.k.a. Inala˚han Beach; 3 ac (1 ha)). Lands within this unit include approximately 1 ac (less than 1 ha; 16 percent) in private ownership and 3 ac (1 ha; 84 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, surfing, swimming, and picnicking). Unit GU–12 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important nesting areas along the eastern coast of southern Guam and also on the southernmost island within the U.S. jurisdiction of this DPS. Additionally, this unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Although Inarajan Bay and Guaifan shoreline are near developed areas or roads, they are primarily surrounded by forest or cliffs that provide limited disturbance, including reduced artificial lights on the beaches during green turtle nesting season, as compared to other areas within this DPS. Threats to the PBFs identified within Unit GU–12 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., sea level rise, changes in sand temperature, storms, typhoons, and tsunamis), recreation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, and removing terrestrial debris on the beaches and marine debris that washes ashore. Unit GU–13: Agfayan Point to Aga Point Unit GU–13 consists of 5 ac (2 ha) in Inarajan Village (a.k.a. Inala˚han Village) between Agfayan Point (a.k.a. Akfayan Point) and Aga Point on the south coast of Guam, part of the Territory of Guam. E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules This unit is located approximately 16 mi (25 km) southeast of the Capital Village of Haga˚tn˜a and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments in three areas: (1) one segment on Lada Beach (1 ac (less than 1 ha)), (2) two segments each of which are less than 1 ac (less than 1 ha) on Acho and Atao Beaches, and (3) one segment on Tonan Beach (4 ac (2 ha)). Lands within this unit include less than 2 ac (1 ha; 33 percent) in private ownership and less than 4 ac (1 ha; 68 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, swimming, and picnicking). Unit GU–13 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as important nesting areas for turtles along the eastern coast of southern Guam and on the southernmost island within the U.S. jurisdiction of this DPS. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The lands surrounding and adjacent to the beaches in this unit are interspersed residential and forested lands, with limited direct access to the beaches through forested areas, resulting in reducing artificial lights on the beaches and limited disturbance to nesting green turtles as compared to other areas within this DPS. Threats to the PBFs identified within Unit GU–13 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., sea level rise, changes in sand temperature, storms, typhoons, and tsunamis), shoreline stabilization, recreation, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, and removing terrestrial debris on the beaches and marine debris that washes ashore. km) southwest of the Capital Village of Haga˚tn˜a that occurs on the main island. The unit includes beach, coastal vegetation, and atoll forest from the MHWL, and the landward boundary is the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises two segments totaling 5 ac (2 ha) and 3 ac (1 ha) along Cocos Island Beach. Lands within this unit include approximately 1 ac (less than 1 ha; 10 percent) in private ownership and 7 ac (3 ha; 90 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (e.g., fishing, swimming, and picnicking), and tourism. Unit GU–14 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has an elevated concentration of nesting green turtles and serves as an important nesting area in Southern Guam, the southernmost area within U.S. jurisdiction of this DPS. This unit also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Additionally, this unit is accessible only by boat, thereby limiting disturbance to nesting green turtles in this area as compared to other areas within this DPS. Threats to the PBFs identified within Unit GU–14 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), recreation, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. The private and uncategorized lands within this unit are managed by GDoAg as part of the Guam Territorial Seashore Park (Guam 1978, entire; GDoAg 2013, entire). Unit GU–14: Cocos Island Unit GU–14 consists of 8 ac (3 ha) in Cocos Island (a.k.a. Dano Village), an island off the south coast of Guam, part of the Territory of Gaum. This island unit is located approximately 17 mi (27 Unit MP–01: Agrihan Island Unit MP–01 consists of 44 ac (18 ha) along the southwest coast of Agrihan (a.k.a. Agrigran) Island in the northern part of the Mariana Archipelago, part of the CNMI (a.k.a. Sankattan Siha Na Islas VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 46421 Maria˚nas, Commonwealth Te´e´l Falu´w kka Efa´ng Ilo´l Marianas). This unit is located approximately 199 mi (320 km) north of Capitol Hill, Saipan (a.k.a. Sa1ipan, Seipe´l), and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments from north to south (13 ac (5 ha), 27 ac (11 ha), 1 ac (less than 1 ha), 2 ac (1 ha), and less than 1 ac (less than 1 ha)) along the southwest side of Agrihan Island on Agrihan Beach. All lands within this unit are uncategorized ownership. General land use within this unit is residential, subsistence agriculture, and fishing. Agrihan Island has been primarily uninhabited since 1990 when the threat of volcanic eruption forced residents to evacuate. Resettlement and development plans were instituted, and there are currently a small number of permanent residents on island. Unit MP–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area at this northernmost part of the Central West Pacific DPS that is under U.S. jurisdiction. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Agrihan Island is primarily uninhabited due to the risk of volcanic eruption and lack of the availability of basic survival needs, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within Unit MP–01 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons, tsunamis, and volcanic eruption), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management and removing terrestrial debris from the beaches and marine debris that washes ashore. Unit MP–02: Pagan Island Unit MP–02 consists of 12 ac (5 ha) along the western coast on Pagan Island in the northern part of the Mariana Archipelago, part of the CNMI. This unit is located approximately 203 mi (326 km) north of Capitol Hill, Saipan, and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the E:\FR\FM\19JYP2.SGM 19JYP2 46422 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 beginning of dense vegetation or cliff. This unit comprises three segments in two areas: (1) 6 ac (2 ha) and 2 ac (1 ha) along Shomushon Bay (a.k.a. Red Beach) and Apaan Bay (a.k.a. Green Beach), respectively, and (2) 4 ac (2 ha) along the west side of Mount Togari. All lands within this unit are uncategorized ownership. General land use within this unit is residential and subsistence agriculture and fishing. Pagan Island has been primarily uninhabited since 1981 when Mt. Pagan erupted, and all residents were evacuated. Resettlement and development plans were instituted, but there are no permanent residents. Unit MP–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important green turtle nesting area within this DPS along the west coast of Pagan Island during the nesting season. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Pagan Island is largely uninhabited due to risk of volcanic eruption and lack of the availability of basic survival needs, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season as compared to other areas within the DPS. Threats to the PBFs identified within Unit MP–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons, tsunamis, and volcanic eruption), and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management and removing terrestrial debris from the beaches and marine debris that washes ashore. Unit MP–03: Wing Beach and Bird Island Unit MP–03 consists of 7 ac (3 ha) in Marpi Village, northwestern and northeastern coast of Saipan, part of the CNMI. This unit is located approximately 4 mi (7 km) northeast of Capitol Hill, Saipan, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises three segments including 4 ac (1 ha) on Wing Beach (a.k.a. Unai Makpe) on the northwestern coast, and two adjacent segments (2 ac (1 ha) and 3 ac (1 ha)) at Bird Island (a.k.a. Unai Fanonchuluyan). Lands within this unit VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 include approximately 4 ac (2 ha; 56 percent) in Commonwealth ownership and 3 ac (1 ha; 44 percent) that are uncategorized. General land use within this unit is natural resource conservation, recreational activities (e.g., fishing, snorkeling, scuba diving, swimming, hiking, nature viewing, and picnicking), and tourism. Unit MP–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area along the northwestern and northeastern coasts of Saipan, and in the northernmost of the main islands in the CNMI. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The undeveloped and steep terrain surrounding the Bird Island segments of this unit has limited to no direct access by roads or trails to the beach, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within unit MP–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), recreation, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris from the beaches and marine debris that washes ashore. The commonwealth lands in this unit are managed by CNMI’s DLNR (Division of Fish and Wildlife) as the Bird Island Conservation Area for wildlife conservation under the Management Plan for the Bird Island Wildlife Conservation Area and Bird Island Marine Sanctuary (CNMI 2007a, entire). The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, Tinian, and Rota’’ to provide outreach guidance on protecting nesting grounds for green turtles (CNMI 2015, p. vi). Unit MP–04: Managaha Island and Unai Makaka Unit MP–04 consists of 21 ac (9 ha) on the western coast of Saipan, part of the CNMI. This unit is located approximately 3 mi (5 km) northwest of PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 Capitol Hill, Saipan, and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit includes two segments in two areas: 9 ac (4 ha) on the beach surrounding Managaha Island (directly north of Unai Makaka) and 12 ac (5 ha) in Lagunan Garapan on Unai Makaka. Lands within this unit include approximately 5 ac (2 ha; 25 percent) in Commonwealth ownership, less than 1 ac (less than 1 ha; 1 percent) in private ownership, and 16 ac (6 ha; 74 percent) that are uncategorized. General land use within this unit is historical preservation, natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, marine motor sports, beach sports, walking, hiking, sightseeing, nature study, and picnicking), and tourism. Unit MP–04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area along the western coast of Saipan and within this DPS. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. Separate from the main island of Saipan, access to Managaha Island is limited by boat, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within unit MP–04 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), shoreline stabilization, recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. The uncategorized lands within this unit are managed by the Commonwealth as the Managaha Marine Conservation Area for the purposes of wildlife conservation under the Management Plan for the Managaha Marine Conservation Area E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (CNMI 2005, entire). Additionally, the NPS leases and manages Commonwealth lands as the American Memorial Park Northern Mariana Islands (NPS 2019, pp. 45–47). The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, Tinian, and Rota’’ to provide outreach guidance on protecting nesting grounds for green turtles (CNMI 2015, p. vi). Unit MP–05: Eastern Saipan Unit MP–05 consists of 18 ac (7 ha) along the east coast of Saipan, part of the CNMI. This unit is located approximately 2 mi (3 km) southeast of Capitol Hill, Saipan, and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises nine segments in two areas: (1) 2 ac (1 ha) at Old Man by the Sea Beach, 3 ac (1 ha) on Unai Halaihai (a.k.a. Marine Beach), 4 ac (2 ha) on Unai Laolao Kattan (a.k.a. Tank Beach), and two segments south of Tank Beach, each less than 1 ac (less than 1 ha) on Tank Pocket Beach; and (2) four segments (west to east) in Laolao Bay totaling 4 ac (2 ha), 2 ac (1 ha), less than 1 ac (less than 1 ha) at Unai Laolao, and 3 ac (1 ha) at Unai Baput. Lands within this unit include approximately 9 ac (4 ha; 52 percent) in Commonwealth ownership, 1 ac (less than 1 ha; 4 percent) in private ownership, and 8 ac (3 ha; 44 percent) that are uncategorized. General land use within this unit is cultural resource preservation, natural resource conservation, and recreational activities (e.g., fishing, snorkeling, scuba diving, swimming, walking, hiking, sightseeing, nature viewing and study, and picnicking). Unit MP–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area in this DPS along the east coast of Saipan. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The areas of this unit are all adjacent to undeveloped areas (although there is direct vehicle access to all units), thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within unit MP–05 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (i.e., typhoons and tsunamis), recreation (including increased pedestrian and general disturbance), artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. Commonwealth lands within this unit are managed by CNMI’s DLNR (Division of Fish and Wildlife) as the Kagman Wildlife Conservation Area and Forbidden Island Marine Sanctuary under the Management Plan Kagman Wildlife Conservation Area and Forbidden Island Marine Sanctuary (CNMI 2007b, entire) and by the Division of Environmental Quality as the Laolao Bay Sea Cucumber Sanctuary under the Laolao Bay Conservation Action Plan (CNMI 2009, entire). The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, Tinian, and Rota’’ to provide outreach guidance on protecting nesting grounds for green turtles (CNMI 2015, p. vi). Unit MP–06: Southern Saipan Unit MP–06 consists of 8 ac (3 ha) along the southern coast of Saipan, part of the CNMI. This unit is located approximately 8 mi (13 km) northeast of Capitol Hill, Saipan, and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments in three areas: (1) less than 1 ac (less than 1 ha) and 3 ac (1 ha) near the west end of the Saipan Airport runway at Unai Denikuio Agingan (a.k.a. Coral Ocean Point); (2) 1 ac (less than 1 ha) and 3 ac (1 ha) along the south coast of Saipan at Unai Peo (a.k.a. Ladder Beach) and Unai Obyan, respectively; and (3) 1 ac (less than 1 ha) at Boy Scout Beach along the west coast of the Naftan Peninsula. Lands within this unit include approximately 1 ac (less than 1 ha; 8 percent) in Commonwealth ownership and 7 ac (3 ha; 92 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, scuba diving, swimming, nature viewing, sightseeing, and picnicking). Unit MP–06 is occupied by the species and contains one or more of the PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 46423 PBFs essential to the conservation of the species. This unit serves as an important nesting area in this DPS along the southwest coast of Saipan. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The Unai Obyan and Boy Scout Beach are two areas on Saipan that are undeveloped with limited direct access by roads and trails to the beach, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within unit MP–06 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), recreation, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, Tinian, and Rota’’ to provide outreach guidance on protecting nesting grounds for green turtles (CNMI 2015, p. vi). Unit MP–07: Western Tinian Unit MP–07 consists of 6 ac (3 ha) along the western coast of Tinian Island, part of the CNMI. This unit is located approximately 2 mi (2 km) northwest of San Jose Village and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit includes six segments, including: less than 1 ac (less than 1 ha) at Barcinas Cove, less than 1 ac (less than 1 ha) at Turtle Beach, 1 ac (less than 1 ha) on Leprosarium Beach, 1 ac (less than 1 ha) on Red Beach, and 2 ac (1 ha) on Kammer Beach, and 2 ac (less than 1 ha) on Tachogna Beach. Lands within this unit include approximately 3 ac (1 ha; 44 percent) in Commonwealth ownership and 4 ac (1 ha; 56 percent) that are uncategorized. General land use within this unit is recreational activities (e.g., fishing, snorkeling, swimming, nature viewing and study, and picnicking). E:\FR\FM\19JYP2.SGM 19JYP2 46424 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit MP–07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area in this DPS along the central west coast of Tinian. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The majority of Tinian is undeveloped with limited to no direct access by roads or trails to the beaches, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within unit MP–07 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), shoreline stabilization and transportation, recreation, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, Tinian, and Rota (CNMI 2015, entire) to provide information on recreational opportunities along the shoreline that are safe to access and also outreach guidance to protect nesting grounds for green turtles. Unit MP–08: Northern Rota Unit MP–08 consists of 54 ac (22 ha) on northern Rota Island, the second most southern island in the Mariana archipelago, and part of the CNMI. This unit is located approximately 3 mi (5 km) to 7 mi (11 km) northeast of Songsong Village and includes beach and coastal vegetation from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises six segments in two areas: (1) 43 ac (17 ha) north of Rota International Airport along Mochong Beach; and (2) five segments west of Rota International Airport (1 ac (1 ha) and 1 ac (less than 1 ha) along Tatgua Beach, 6 ac (2 ha) along Teteto Beach, 3 ac (1 ha) along VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Uyulan Beach, and 1 ac (less than 1 ha) along Songton Beach). Lands within this unit include approximately 44 ac (18 ha; 81 percent) in Commonwealth ownership, 2 ac (1 ha; 3 percent) in private ownership, and 9 ac (4 ha; 17 percent) that are uncategorized. General land uses within this unit are natural resource conservation, recreational activities (e.g., fishing, swimming, and diving), and tourism. Unit MP–08 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area in this DPS along the north coast of Rota Island. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The majority of the green turtle nesting beaches within this unit are surrounded by undeveloped lands with limited direct access by roads and trails to the beaches, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Approximately 4 ac (1 ha; 22 percent) of the unit overlap with designated critical habitat for the federally endangered Mariana crow (69 FR 62944, October 28, 2004). Threats to the PBFs identified within unit MP–08 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, Tinian, and Rota (CNMI 2015, entire) to provide information on recreational opportunities along the shoreline that are safe to access and also outreach guidance to protect nesting grounds for green turtles. Unit MP–09: Southern Rota Unit MP–09 consists of 9 ac (4 ha) on southern Rota Island, part of the CNMI. This unit is located approximately 2 mi (3 km) southeast of Songsong Village PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 and includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit includes nine segments in four areas (from west to east): (1) four segments, each less than 1 ac (less than 1 ha), southeast of Teneto Village along Tatka Beach in Sasanhaya Bay; (2) 1 ac (less than 1 ha) at Coral Garden Beach; (3) two 1-ac (less than 1-ha) segments on Okgok Beach and 3 ac (1 ha) on Apanon Beach; and (4) 3 ac (1 ha) on Malilok Beach. Lands within this unit include approximately 8 ac (3 ha; 89 percent) in Commonwealth ownership, less than 1 ac (less than 1 ha; less than 1 percent) in private ownership, and 1 ac (1 ha; 11 percent) that is uncategorized. General land use within this unit is natural resource conservation, recreational activities (e.g., fishing, snorkeling, swimming, and picnicking), and tourism. Unit MP–09 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit serves as an important nesting area in this DPS along the southwest coast of Rota Island. Additionally, this unit contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover. The majority of Rota Island and the nesting areas within this unit are undeveloped and reside at the base of or surrounded by steep terrain that limits direct access by roads and trails, thereby providing overall limited disturbance to green turtle eggs, hatchlings, and adults during the nesting season. Threats to the PBFs identified within unit MP–09 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused disasters (i.e., typhoons and tsunamis), recreation and tourism, coastal development and construction, artificial lights, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting habitat restoration or management, conducting an outreach program on respectful viewing of wildlife, minimizing human access and activities during the green turtle nesting season, minimizing artificial lighting near nesting beaches, and removing terrestrial debris on the beaches and marine debris that washes ashore. The CNMI Division of Coastal Resources Management has produced a ‘‘Public Shoreline Access Guide for Saipan, E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Tinian, and Rota (CNMI 2015, entire) to provide information on recreational opportunities along the shoreline that are safe to access and also outreach guidance to protect nesting grounds for green turtles. North Atlantic DPS ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit FL–01: Guana Tolomato Matanzas National Estuarine Research Reserve— Guana River Site Unit FL–01 consists of 112 ac (45 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in St. Johns County, Florida, within the boundaries of the Guana Tolomato Matanzas National Estuarine Research Reserve (GTM Reserve)—Guana River Site. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. This unit is entirely within State ownership and managed by the FDEP. General land use within this unit includes natural resource conservation, wildlife management, and general recreational activities (e.g., swimming, walking, fishing, and boating). Unit FL–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density green turtle nesting. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Northeast Management Unit (Ceriani 2022, pers. comm.). In addition, this unit provides a protected, natural beach and dune complex with limited disturbance from human activity. Threats to the PBFs identified within Unit FL–01 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats to the PBFs may include conducting beach and dune restoration, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the GTM Reserve’s Management Plan (FDEP 2009, entire). VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Unit FL–02: Washington Oaks Gardens State Park to North Peninsula State Park Unit FL–02 consists of 307 ac (124 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Flagler and Volusia Counties, Florida. The unit extends from the northern boundary of Washington Oaks Gardens State Park in Flagler County to the southern boundary of North Peninsula State Park in Volusia County. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 77 ac (31 ha; 25 percent) in State ownership, 61 ac (25 ha; 20 percent) in local government ownership, and 169 ac (68 ha; 55 percent) in private/other ownership. State-owned lands in this unit include Washington Oaks Gardens State Park, Gamble Rogers Memorial State Recreation Area, and North Peninsula State Park. General land use within this unit includes State and local parks, recreational activities (e.g., swimming, walking, fishing, and boating), beach driving, wildlife management, and natural resource conservation. The unit also adjoins areas of residential development. Unit FL–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density green turtle nesting. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Northeast Management Unit (Ceriani 2022, pers. comm.). In addition, this unit provides a protected, natural beach and dune complex with limited disturbance from human activity. The entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, coastal development and associated artificial lighting, beach driving by emergency vehicles, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 46425 signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on the beaches and marine debris that washes ashore. State lands within this unit are managed under the Washington Oaks Gardens State Park Management Plan (FDEP 2017, entire), Gamble Rogers Memorial State Recreation Area at Flagler Beach Management Plan (FDEP 2018a, entire), and the North Peninsula State Park Management Plan (FDEP 2018b, entire). Unit FL–03: Canaveral National Seashore to Merritt Island National Wildlife Refuge Unit FL–03 consists of 558 ac (226 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Volusia and Brevard Counties, Florida. The unit extends from the northern boundary of Canaveral National Seashore to the southern boundary of Merritt Island NWR—Kennedy Space Center and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit are entirely within Federal ownership including Canaveral National Seashore (managed by the NPS) and Merritt Island NWR—Kennedy Space Center (managed by the USFWS). General land use within this unit includes space launch activities, natural resource conservation, wildlife management, and recreational activities (e.g., walking, swimming, fishing, boating, and wildlife viewing). Unit FL–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density green turtle nesting. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Central Eastern Management Unit (Shamblin et al. 2015, p. 680) in a protected, natural beach and dune complex with limited disturbance from human activity. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014) and overlaps approximately 495 ac (200 ha) of proposed critical habitat for the federally threatened rufa red knot (88 FR 22530, April 13, 2023). Threats to the PBFs identified within Unit FL–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to E:\FR\FM\19JYP2.SGM 19JYP2 46426 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 disasters, beach erosion, beach sand placement activities, recreational activities, coastal development, artificial lighting associated with space launches, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, implementing lighting control measures at Kennedy Space Center, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches; and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands within this unit are managed under Canaveral National Seashore’s General Management Plan (NPS 2014a, entire) and Merritt Island NWR’s Comprehensive Conservation Plan (USFWS 2008a, entire). Unit FL–04: Satellite Beach to Indian River Shores Unit FL–04 consists of 644 ac (261 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Brevard and Indian River Counties, Florida, from the Pineda Causeway in Satellite Beach to the southern boundary of Indian River Shores city limits. The unit is divided into two segments split by Sebastian Inlet. The northern segment is 424 ac (172 ha) and begins at the southern boundary of Patrick Space Force Base in Brevard County near the Pineda Causeway and extends to the northern side of the Sebastian Inlet in Indian River County. The southern segment is 220 ac (89 ha) and begins on the southern side of the Sebastian Inlet and extends to the Indian River Shores-Vero Beach city limits line. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 52 ac (21 ha; 8 percent) in Federal ownership, 72 ac (29 ha; 11 percent) in State ownership, 120 ac (48 ha; 19 percent) in local government ownership, and 400 ac (163 ha; 62 percent) in private/other ownership. The unit encompasses portions of the Archie Carr NWR (managed by the USFWS) and Sebastian Inlet State Park (managed by FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–04 (i.e., both segments that represent this unit) is occupied by the species and contains one or more of the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PBFs essential to the conservation of the species. This unit has high-density green turtle nesting. It also supports internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Central Eastern Management Unit (Shamblin et al. 2015, p. 680). State, local, and Federal lands support a protected, natural beach and dune complex with limited human disturbance. Approximately 482 ac (195 ha) of this unit overlap designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–04 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, coastal development and associated artificial lighting, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, implementing and enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands in this unit are managed under Archie Carr NWR’s Comprehensive Conservation Plan (USFWS 2008b, entire). State lands within this unit are managed under the Sebastian Inlet State Park Management Plan (FDEP 2008, entire). Additionally, 139 ac (56 ha) of lands within this unit (from Sebastian Inlet to Indian River Shores) receive beneficial green turtle management under the Indian River County HCP for sea turtles and eroding beaches (Ecological Associates, Inc. 2017, entire); these lands are considered for exclusion under Section 4(b)(2) of the Act (see Consideration of Impacts under Section 4(b)(2) of the Act, below). Unit FL–05: Hutchinson Island Unit FL–05 consists of 336 ac (136 ha) of beach, dune, and coastal vegetation on Hutchinson Island along the Atlantic Ocean shoreline in St. Lucie County, Florida, from the southern side of the Ft. Pierce Inlet to the northern side of the St. Lucie Inlet. The unit includes lands from the MHWL to the toe of the PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 secondary dune or developed structures. Lands within this unit include 119 ac (48 ha; 35 percent) in local government ownership and 217 ac (88 ha; 65 percent) in private/other ownership. General land use within this unit includes natural resource conservation, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles and supports expansion and recovery in the State’s Central East Management Unit (Shamblin et al. 2015, p. 680). Local parks within the unit provide a natural beach and dune complex that supports important nesting habitat. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–05 include habitat loss, modification, and degradation of nesting beach habitat, naturally-caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–06: St. Lucie Inlet to Jupiter Inlet Unit FL–06 consists of 324 ac (131 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Martin and Palm Beach Counties, Florida, from the southern side of the St. Lucie Inlet in Martin County to the northern side of the Jupiter Inlet in Palm Beach County. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 69 ac (28 ha; 21 percent) in Federal ownership, 49 ac (20 ha; 15 percent) in State ownership, 11 ac (5 ha; 3 percent) in local government ownership, and 195 ac (78 ha; 60 percent) in private/other ownership. Federal lands include the Hobe Sound E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules NWR (managed by the USFWS) and State lands include the St. Lucie Inlet Preserve State Park (managed by FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, boating, and fishing), and residential development. Unit FL–06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Southeast Management Unit (Shamblin et al. 2015, p. 680; Ceriani 2022, pers comm.). The State and Federal lands support a protected, natural beach and dune complex with limited human disturbance. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014), and approximately 33 ac (13 ha) of the unit overlap designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001). Threats identified within Unit FL–06 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands within this unit are managed under the Hobe Sound NWR’s Comprehensive Conservation Plan (USFWS 2006, entire). State lands within this unit are managed under the St. Lucie Inlet Preserve State Park Management Plan (FDEP 2014a, entire). Unit FL–07: Jupiter Inlet to Lake Worth Inlet Unit FL–07 consists of 214 ac (87 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Palm Beach County, Florida, from the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 southern side of the Jupiter Inlet to the northern side of the Lake Worth Inlet. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 25 ac (10 ha; 12 percent) in State ownership, 85 ac (35 ha) in local government ownership, and 104 ac (42 ha; 49 percent) in private/other ownership. The State-owned lands encompass John D. MacArthur Beach State Park (managed by the FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Southeast Management Unit (Shamblin et al. 2015, p. 680; Ceriani 2022, pers comm.). The local parks and natural areas, as well as the State Park, provide a natural dune complex important for nesting habitat. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–07 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the John D. MacArthur Beach State Park Management Plan (FDEP 2020, entire). Unit FL–08: Palm Beach to Boynton Inlet Unit FL–08 consists of 42 ac (17 ha) of beach, dune, and coastal vegetation PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 46427 along the Atlantic Ocean shoreline in Palm Beach County, Florida, from the southern boundary of the Lake Worth Municipal Beach–Barton Park to the northern side of the Boynton Inlet. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 1 ac (0.4 ha; 2 percent) in local government ownership and 41 ac (17 ha; 98 percent) in private/other ownership. General land use within this unit includes recreational activities (e.g., swimming, fishing, walking, boating) and residential development. Unit FL–08 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Southeast Management Unit (Shamblin et al. 2015, p. 680; Ceriani 2022, pers comm.). This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–08 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–09: Boynton Inlet to Boca Raton Inlet Unit FL–09 consists of 214 ac (87 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Palm Beach County, Florida, from the southern side of the Boynton Inlet to the northern side of Boca Raton Inlet. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 66 ac (27 ha; E:\FR\FM\19JYP2.SGM 19JYP2 46428 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 31 percent) in local government ownership and 148 ac (60 ha; 69 percent) in private/other ownership. General land use within this unit includes multiple county and local parks, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–09 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Southeast Management Unit (Shamblin et al. 2015, p. 680; Ceriani 2022, pers comm.). Local parks provide a protected, natural dune complex important for nesting habitat. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–09 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–10: Boca Raton Inlet to Hillsboro Inlet Unit FL–10 consists of 82 ac (34 ha) of beach, dune, and coastal vegetation along the Atlantic Ocean shoreline in Palm Beach and Broward Counties, Florida, from the southern side of Boca Raton Inlet in Palm Beach County to the northern side of the Hillsboro Inlet in Broward County. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 1 ac (less than 1 ha; 1 percent) in Federal ownership, 16 ac (7 ha; 20 percent) in local government ownership, and 65 ac (26 ha; 79 percent) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 in private/other ownership. Federal lands are owned by the U.S. Coast Guard and managed by a private preservation group. General land use within this unit includes recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–10 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports high-density nesting. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Southeast Management Unit (Shamblin et al. 2015, p. 680; Ceriani 2022, pers comm.). This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats to the PBFs identified within Unit FL–10 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–11: Sawyer Key Unit FL–11 consists of 6 ac (3 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico on the northeasternmost portion of Sawyer Key in Monroe County, Florida. Sawyer Key is a multi-island complex between the Johnston Key and Cudjoe Channel, entirely within the federally owned Great White Heron NWR (managed by the USFWS). The unit includes lands from the MHWL to the toe of the secondary dune. General land use within this unit includes natural resource conservation, wildlife management, and recreational activities (e.g., swimming, walking, fishing, and boating). Unit FL–11 is occupied by the species and contains one or more of the PBFs PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 essential to the conservation of the species. This unit has a high density of green turtle nesting within the State’s Monroe Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.) and provides a protected, natural beach and dune complex important for green turtle nesting. This is the only proposed critical habitat unit within the Florida Keys between the State’s Southeast and Marquesas Management Units, thereby providing an important link between the two green turtle management areas (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.). Threats to the PBFs identified within Unit FL–11 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, installing signage at beach access areas to educate the recreating public about presence of nesting turtles on beaches, and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands within this unit are managed by the Great Heron NWR under the Lower Florida Keys NWR Comprehensive Conservation Plan (USFWS 2009b, entire). Unit FL–12: Boca Grande and Marquesas Keys Unit FL–12 consists of 28 ac (11 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Boca Grande Key and Marquesas Keys in Monroe County, Florida. Boca Grande Key is one of the outlying islands of the Florida Keys and is located about 12 mi (19 km) west of Key West. The unit includes the western shore of the Key (5 ac (2 ha)). The Marquesas Keys are a group of eight uninhabited islands located at the end of the Florida Keys about 18 mi (29 km) west of Key West. The unit includes three beach segments along the largest northernmost key (1 ac (0.5 ha), 11 ac (5 ha), and 2 ac (1 ha)) and three unnamed keys to the southwest of the largest key (2 ac (1 ha), 4 ac (2 ha), and 2 ac (1 ha)). The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit are part of the federally owned Key West NWR (managed by the USFWS). General land use within this unit is primarily for wildlife conservation, and public access to the beaches is limited. E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit FL–12 (i.e., all segments represented in this unit) is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit provides a natural, protected beach and dune complex that supports regular nesting for green turtles in the State’s Marquesas Management Unit (Shamblin et al. 2020, p. 166). This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014) and the federally threatened piping plover (66 FR 36038, July 10, 2001). Additionally, approximately 4 ac (2 ha) of this unit overlap designated critical habitat for the federally endangered Cape Sable thoroughwort (79 FR 1552, January 8, 2014). Threats to the PBFs identified within Unit FL–12 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, installing signage at beach access areas to educate the recreating public about presence of nesting turtles on beaches, and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands within this unit are managed by the Key West NWR under the Lower Florida Keys NWR Comprehensive Conservation Plan (USFWS 2009b, entire). Unit FL–13: Dry Tortugas Unit FL–13 consists of 21 ac (8 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico on East, Middle, and Loggerhead Keys of the Dry Tortugas in Monroe County, Florida. The Dry Tortugas are a group of seven islands located at the end of the Florida Keys about 67 mi (108 km) west of Key West. The unit includes three segments: (1) all of East and Middle Keys (3 ac (1 ha) and less than 1 ac (less than 1 ha)) from the MHWL, and (2) 17 ac (7 ha) of lands from the MHWL to the toe of the secondary dune or developed structures on Loggerhead Key. East Key is located 1.4 mi (2.2 km) east of Middle Key. Loggerhead Key, the largest island in the chain, is approximately 5.6 mi (9 km) west of Middle Key. The islands are part of the federally owned Dry Tortugas National Park (managed by the NPS). General land use within this unit is primarily wildlife conservation with limited public access to beaches. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Unit FL–13 (i.e., all segments that represent this unit) is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. These islands provide a natural, protected beach and dune complex that supports high-density nesting habitat for green turtles in the State’s Dry Tortugas Management Unit (Shamblin et al. 2020, p. 166). This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats identified within Unit FL–13 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, installing signage at beach access areas to educate the recreating public about presence of nesting turtles on beaches, and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands within this unit are managed by the NPS as Dry Tortugas National Park under the Final General Management Plan Amendment (NPS 2000, entire). Unit FL–14: Sanibel Island West Unit FL–14 consists of 189 ac (76 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Sanibel Island in Lee County, Florida, from the southern side of Blind Pass to Tarpon Bay Road. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 76 ac (31 ha; 40 percent) in local government ownership and 113 ac (45 ha; 60 percent) in private/other ownership. General land use within this unit includes recreational activities (e.g., swimming, walking, fishing, and boating) and residential development. Unit FL–14 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles in the State’s West Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; Witherington et al. 2009, p. 32). A portion of this unit contains a protected, natural beach and dune complex within a local park. In other areas, the development is set back further from the beach with extensive frontal beach and dunes, which provides less-disturbed nesting habitat. This entire unit overlaps designated critical habitat for the PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 46429 federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Approximately 49 ac (20 ha) of the unit overlap designated critical habitat for the federally endangered aboriginal prickly-apple (81 FR 3866, January 22, 2016), and 158 ac (64 ha) of this unit overlap proposed critical habitat for the federally threatened rufa red knot (88 FR 22530, April 13, 2023). Threats to the PBFs identified within Unit FL–14 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–15: Gasparilla Island Unit FL–15 consists of 155 ac (63 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Gasparilla Island in Lee and Charlotte Counties, Florida, from the southern side of Gasparilla Pass to the northern side of Boca Grande Pass. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 5 ac (2 ha; 3 percent) in Federal ownership, 25 ac (10 ha; 16 percent) in State ownership, and 125 ac (51 ha; 81 percent) in private/ other ownership. Federal lands are owned by the U.S. Coast Guard and managed by a private preservation society. State lands comprise Gasparilla Island State Park (managed by the FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–15 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. The northern portion of this unit (Charlotte County) has high-density nesting by green turtles, and the southern portion (Lee County) contains internesting beach area to support E:\FR\FM\19JYP2.SGM 19JYP2 46430 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within in the State’s West Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; Witherington et al. 2009, p. 32). This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014), and approximately 6 ac (2 ha) of the unit overlap designated critical habitat for the federally endangered aboriginal prickly-apple (81 FR 3866, January 22, 2016). Threats to the PBFs identified within Unit FL–15 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the Gasparilla Island State Park Management Plan (FDEP 2014b, entire). Unit FL–16: Don Pedro and Little Gasparilla Islands Unit FL–16 consists of 186 ac (75 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Don Pedro and Little Gasparilla Islands in Charlotte County, Florida, from the southern side of Stump Pass to the northern side of Gasparilla Pass. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 20 ac (8 ha; 11 percent) in State ownership and 166 ac (67 ha; 89 percent) in private/other ownership. State-owned lands comprise Don Pedro Island State Park (managed by the FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–16 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 nesting by green turtles in the State’s West Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; Witherington et al. 2009, p. 32). A portion of this unit contains a protected, natural beach and dune complex within the State Park. In other areas, the development is set back further from the beach with extensive frontal beach and dunes that provide relatively undisturbed nesting habitat. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014), and approximately 104 ac (42 ha) of the unit overlap proposed critical habitat for the federally threatened rufa red knot (88 FR 22530, April 13, 2023). Threats to the PBFs identified within Unit FL–16 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, coastal development and associated artificial lighting, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the Don Pedro Island State Park Management Plan (FDEP 2013a, entire). Unit FL–17: Manasota Key Unit FL–17 consists of 164 ac (66 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Manasota Key in Charlotte and Sarasota Counties, Florida, from approximately 0.1 mi (0.2 km) south of Harbor Drive South to the northern side of Stump Pass. The unit is divided into three segments to exclude intervening areas with primarily hardened structures that lack sand features. The northern segment is 85 ac (34 ha) and extends from approximately 0.1 mi (0.2 km) south of Harbor Drive South to approximately 6.4 mi (10.3 km) south. The middle segment is 27 ac (11 ha) and begins approximately 0.5 mi (0.8 km) north of the parking area at Blind Pass Park and extends south to approximately 170 ft (52 m) south of the Charlotte–Sarasota County boundary. The southern segment is 51 ac (21 ha) PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 and begins approximately 2.9 mi (4.7 km) north of Stump Pass and extends south to the northern side of Stump Pass. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 25 ac (10 ha; 15 percent) in State ownership, 46 ac (19 ha; 28 percent) in local government ownership, and 93 ac (37 ha; 57 percent) in private/other ownership. State-owned lands comprise Stump Pass Beach State Park (managed by the FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–17 (i.e., all segments represented in this unit) is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s West Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; Witherington et al. 2009, p. 32). Within the State and local parks are protected, natural beach and dune complexes that are important nesting habitat. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Additionally, approximately 57 ac (23 ha) of the unit overlap designated critical habitat for the federally endangered aboriginal pricklyapple (81 FR 3866, January 22, 2016), and approximately 9 ac (4 ha) of the unit overlap proposed critical habitat for the federally threatened rufa red knot (88 FR 22530, April 13, 2023). Threats to the PBFs identified within Unit FL–17 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the Stump Pass Beach State Park Management Plan (FDEP 2013b, entire). Unit FL–18: Casey and Siesta Keys Unit FL–18 consists of 114 ac (46 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Casey and Siesta Keys in Sarasota County, Florida, from approximately 0.9 mi (1.4 km) south of the Point O’Rocks southward to the northern side of Venice Inlet. The unit is divided into three segments to exclude areas with primarily hardened structures that lack sand features. The northern segment is 44 ac (18 ha) and extends south for approximately 3.8 mi (6.1 km). The middle segment is 5 ac (2 ha) and begins approximately 0.35 mi (0.56 km) north of Blackburn Point Road and extends south for 0.15 mi (0.24 km). The southern segment is 64 ac (26 ha) and begins approximately 0.3 mi (0.5 km) south of Blackburn Point Road and extends southward to the northern side of Venice Inlet. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 30 ac (12 ha; 26 percent) in local government ownership and 84 ac (34 ha; 74 percent) in private/other ownership. General land use within this unit includes recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–18 (i.e., all segments represented in this unit) is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s West Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; Witherington et al. 2009, p. 32). This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014), and approximately 2 ac (1 ha) of the unit overlap designated critical habitat for the federally endangered aboriginal prickly-apple (81 FR 3866, January 22, 2016). Threats to the PBFs identified within Unit FL–18 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, coastal VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 development and associated artificial lighting, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–19: Cape St. George and St. George Island Unit FL–19 consists of 815 ac (330 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on Cape St. George and St. George Island in Franklin County, Florida, from the eastern side of West Pass to the western boundary of Dr. Julian G. Bruce St. George Island State Park. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 545 ac (221 ha; 67 percent) in State ownership and 270 ac (109 ha; 33 percent) in private/other ownership. State-owned lands comprise Cape St. George State Reserve of the Apalachicola National Estuarine Research Reserve (managed by the FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–19 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles in the State’s Northwest Management Unit (Ceriani 2022, pers. comm.). The State reserve provides a protected, natural beach and dune complex with limited human disturbance. This entire unit overlaps designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Additionally, approximately 55 ac (22 ha) overlap designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001), and approximately 243 ac (98 ha) of the unit overlap proposed critical habitat for the federally threatened rufa red knot (88 FR 22530, April 13, 2023). Threats to the PBFs identified within Unit FL–19 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 46431 human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the Apalachicola National Estuarine Research Reserve Management Plan (FDEP 2014c, entire). Unit FL–20: St. Joseph Peninsula Unit FL–20 consists of 622 ac (252 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline on St. Joseph Peninsula in Gulf County, Florida, from the northern end of the island at St. Joe Point south to the boundary of Eglin Air Force Base on Cape San Blas. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 466 ac (189 ha; 75 percent) in State ownership, 2 ac (1 ha; 0.3 percent) in local government ownership, and 154 ac (62 ha; 25 percent) in private/other ownership. State-owned lands comprise T.H. Stone Memorial St. Joseph Peninsula State Park (managed by the FDEP). General land use within this unit includes natural resource conservation, wildlife management, recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–20 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density green turtle nesting. It also contains internesting beach area to support placement of multiple nests by individual turtles within a single season and area for the nesting population to expand and recover within the State’s Northwest Management Unit (Ceriani 2022, pers. comm.). The State Park portion of the unit supports a natural, protected beach and dune complex with limited human disturbance. Approximately 418 ac (169 ha) of the unit overlap designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014), E:\FR\FM\19JYP2.SGM 19JYP2 46432 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules approximately 426 ac (172 ha) of the unit overlap designated critical habitat for the federally endangered St. Andrew’s beach mouse (71 FR 60238, October 12, 2006), and approximately 269 ac (109 ha) overlap designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001). Threats to the PBFs identified within Unit FL–20 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, coastal development and associated artificial lighting, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, restricting beach driving and horseback riding locations and timing, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under the T.H. Stone Memorial St. Joseph Peninsula State Park Management Plan (FDEP 2014d, entire). ddrumheller on DSK120RN23PROD with PROPOSALS2 Unit FL–21: Inlet Beach Unit FL–21 consists of 93 ac (37 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline of Inlet Beach in Walton County, Florida, from the eastern boundary of Deer Lake State Park to the western boundary of Camp Helen State Park. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands in this unit include 7 ac (3 ha; 8 percent) in local government ownership and 86 ac (34 ha; 92 percent) in private/other ownership. General land use within this unit includes recreational activities (e.g., swimming, walking, fishing, and boating), and residential development. Unit FL–21 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles within the State’s Northwest Management Unit (Ceriani 2022, pers. comm.). Approximately 2 ac (1 ha) of the unit overlap designated critical habitat for the federally endangered VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Choctawhatchee beach mouse (71 FR 60238, October 12, 2006). Threats to the PBFs identified within Unit FL–21 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, coastal development and associated artificial lighting, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, enforcing local lighting ordinances, restricting beach driving locations and timing, and removing terrestrial debris on beaches and marine debris that washes ashore. Unit FL–22: Topsail Hill Preserve State Park Unit FL–22 consists of 165 ac (67 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline in Walton County, Florida, within the boundaries of Topsail Hill Preserve State Park. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit are entirely in State ownership managed by the FDEP. General land use within this unit includes natural resource conservation, wildlife management, and recreational activities (e.g., swimming, walking, fishing, and boating). Unit FL–22 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles within the State’s Northwest Management Unit (Ceriani 2022, pers. comm.). The State Park supports a natural, protected beach and dune complex with limited human disturbance. Approximately 132 ac (53 ha) of the unit overlaps designated critical habitat for the federally endangered Choctawhatchee beach mouse (71 FR 60238, October 12, 2006). Threats to the PBFs identified within Unit FL–22 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, and presence of terrestrial and PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, installing signage at parking lots and beach access areas to educate recreating public about presence of nesting turtles on beaches, and removing terrestrial debris on beaches and marine debris that washes ashore. State lands within this unit are managed under Topsail Hill Preserve State Park’s Management Plan (FDEP 2019, entire). Unit FL–23: Gulf Islands National Seashore Unit FL–23 consists of 334 ac (135 ha) of beach, dune, and coastal vegetation along the Gulf of Mexico shoreline in Escambia County, Florida, from the western boundary of the University of West Florida beach property to the eastern boundary of the Gulf Islands National Seashore at the Escambia– Santa Rosa County boundaries. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 316 ac (128 ha; 95 percent) in Federal ownership and 17 ac (7 ha; 5 percent) in State ownership. Federal lands in this unit include the Gulf Islands National Seashore (managed by NPS), and State lands are University of West Florida property (managed by the State of Florida). General land use within this unit includes natural resource conservation, wildlife management, and recreational activities (e.g., swimming, walking, fishing, and boating). Unit FL–23 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit has high-density nesting by green turtles within the State’s Northwest Management Unit (Ceriani 2022, pers. comm.). The unit is composed of a natural, protected beach and dune complex with limited human disturbance. Threats to the PBFs identified within Unit FL–23 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills) and responses to disasters, beach erosion, beach sand placement activities, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate threats may include conducting beach and dune restoration, ensuring renourishment sand mimics natural sand characteristics, modifying hiking trail routes during the nesting E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 season, installing signage at parking lots and beach access areas to educate the recreating public about presence of nesting turtles on beaches, and removing terrestrial debris on beaches and marine debris that washes ashore. Federal lands within this area are managed under the Gulf Islands National Seashore Final Management Plan and Environmental Impact Statement (NPS 2014b, entire). Unit PR–01: Mona Island Unit PR–01 consists of 66 ac (27 ha) of beach and coastal vegetation along the southern half shoreline of Mona Island, located about 31 mi (50 km) from the west coast of Puerto Rico in the Caribbean Sea. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. This unit includes all beaches on Mona Island used by green turtles for nesting starting from the Playa Sardinera camp area in the west, moving south and then east to Playa Pajaros, just south of the Mona Island Lighthouse. Lands within this unit are entirely commonwealthowned and managed by the Puerto Rico Department of Natural and Environmental Resources (DNER) as the Mona Island Nature Reserve. Mona Island has two camping areas and is managed for conservation and recreation, including hiking trails, picnic areas, and seasonal hunting of pigs and goats. Additionally, scientific research and monitoring of natural resources may occur year-round, particularly monitoring of sea turtle activity that the DNER has been implementing since the early 1990s (Diez and van Dam 2022, entire). Unit PR–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit provides an undeveloped coastline with limited disturbance from human activity and has had consistent green turtle nesting for at least the past 10 years (Diez 2021, pers. comm.). This unit also provides the only known green turtle nesting area on the west side of Puerto Rico, ensuring good spatial representation for this portion of the DPS, and it contains internesting beach area to support placement of multiple nests by individual turtles within a single season. The entire unit overlaps with designated critical habitat for the federally endangered hawksbill sea turtle (47 FR 27295, June 24, 1982) and other terrestrial species in which the entire Mona Island is designated critical habitat: the threatened Mona boa and Mona ground iguana (43 FR 4618, February 3, 1978), and the federally endangered yellow-shouldered VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 blackbird (41 FR 51019, November 19, 1976). Threats to the PBFs identified within Unit PR–01 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns and removing terrestrial debris from the beaches and marine debris that washes ashore. Commonwealth lands within this unit are managed under the Puerto Rico State Wildlife Action Plan (DNER 2015, entire). Unit PR–02: Guayama Unit PR–02 consists of 23 ac (9 ha) of beach and coastal vegetation along the southern coastline in the Guayama Municipality, Puerto Rico on the Caribbean Sea. This unit includes three separate beach segments (from east to west)—Las Mareas (6 ac (2 ha)), Los Limones (10 ac (4 ha)), and Pozuelo (7 ac (3 ha))—along the shoreline of Punta Ola Grande (i.e., Las Mareas) and moving west towards Punto Pozuelo Point along the coast. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under commonwealth ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). General land use within this unit includes passive recreational activities for the public, and there is ongoing yearly sea turtle monitoring. Pozuelo Beach also has a parking area with gazebos adjacent to the beach for recreational day use. Unit PR–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit provides mostly an undeveloped coastline with limited disturbance from human activity and has seen an increase in green turtle nesting, particularly in the 2021 season (Diez 2021, pers. comm.). This unit provides one of the few green turtle nesting areas in mainland Puerto Rico and supports expansion and recovery of nesting from the Vieques Island nesting beaches (i.e., VPR–01 to 07), ensuring good spatial representation for Puerto Rico. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 46433 season and provides nesting habitat for leatherback and hawkbill turtles that also occupy this area. Threats to the PBFs identified within Unit PR–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, recreational activities, and the presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Commonwealth lands within this unit are managed under the Puerto Rico State Wildlife Action Plan (DNER 2015, entire). Unit PR–03: Maunabo Unit PR–03 consists of 24 ac (10 ha) of beach and coastal vegetation along the southeastern coastline in the Maunabo Municipality, Puerto Rico, on the Caribbean Sea. This unit includes two separate beach segments— California (12 ac (5 ha)) and Punta Tuna (12 ac (5 ha))—just west (i.e., California) and east (i.e., Punta Tuna) of the Punta Tuna Lighthouse at the end of Road PR– 760. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under commonwealth ownership, although a small amount of the upland area of the California Beach segment may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). The 12-ac (5-ha; 50 percent) segment within Punta Tuna Beach is managed by the Puerto Rico DNER as the Punta Tuna Wetland Nature Reserve. General land use within this unit includes passive recreational activities for the public (e.g., use of beach and hiking) and ongoing/yearly sea turtle monitoring. Unit PR–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit provides a relatively undeveloped coastline with limited disturbance from human activity, including consistent and increasing green turtle nesting activity since 2013 (Crespo and Diez 2022, p. 21). This unit also provides one of the few green turtle nesting areas in mainland Puerto Rico and supports expansion and recovery of E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46434 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules nesting from the important nesting beaches (i.e., VPR–01 to 07), ensuring good spatial representation for Puerto Rico. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit PR–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, recreational activities, coastal development and associated artificial lighting, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Commonwealth lands within this unit are managed under the Puerto Rico State Wildlife Action Plan (DNER 2015, entire). supports expansion and recovery beaches from the other units on Vieques Island and ensures good spatial representation of green turtle nesting for the north coast of Vieques. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit VPR–01 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO management), beach erosion, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats to critical habitat may include conducting specific research to better understand erosion patterns, consultation with the U.S. Navy for their UXO management, conducting public outreach, and removing terrestrial debris on the beaches and marine debris that washes ashore. The Vieques NWR is managed by the USFWS under the Comprehensive Conservation Plan (USFWS 2007, entire). Unit VPR–01: Campan˜a Unit VPR–01 consists of approximately 11 ac (4 ha) of beach and coastal vegetation along the north shoreline of Vieques Island, in between Punta Cabellos Colorados and just west of Punta Brigadier on Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes five beach segments starting at Punta Cabellos Colorados and moving east: (1) 2 ac (1 ha); (2) less than 1 ac (less than 1 ha); (3) less than 1 ac (less than 1 ha); (4) 1 ac (less than 1 ha); (5) and 8 ac (3 ha). The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under Federal ownership within the eastern tract of the Vieques NWR. Unit VPR–01 is currently closed to public use because of unexploded ordnance (UXO) management, and there is limited monitoring of natural resources including sea turtle nesting surveys and research. Unit VPR–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. The beaches within the Vieques NWR harbor the most important and consistent green turtle nesting area outside the main island of Puerto Rico (Barandarian and Bermu´dez 2022, entire). This unit provides mostly an undeveloped beach shoreline and Unit VPR–02: Puerto Diablo Unit VPR–02 consists of approximately 15 ac (6 ha) of beach and coastal vegetation along the north shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes eight beach segments (from west to east): (1) three segments starting approximately 1 mi (1.6 km) east of Punta Goleta and west of Puerto Diablo (two each that are less than 1 ac (less than 1 ha) and one that is 1 ac (less than 1 ha)); (2) one segment within Puerto Diablo (5 ac (2 ha)); (3) and four additional segments before and up to Punta Icacos (1 ac (less than 1 ha), 4 ac (2 ha), 1 ac (less than 1 ha), and 2 ac (1 ha)). The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under Federal ownership within the eastern tract of the Vieques NWR. Unit VPR–02 is currently closed to public use because of UXO management and there is limited monitoring of natural resources, including sea turtle nesting surveys and research. Unit VPR–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. The beaches within the Vieques NWR provide mostly an undeveloped beach shoreline and harbor the most important and consistent green turtle VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 nesting area outside the main island of Puerto Rico (Barandarian and Bermu´dez 2022, entire). This unit supports expansion and recovery beaches from the other units on Vieques Island and ensures good spatial representation of green turtle nesting for the north coast of Vieques. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats identified to the PBFs within Unit VPR–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO management), beach erosion, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, consultation with the U.S. Navy for their UXO management, conducting public outreach, and removing terrestrial debris on the beaches and marine debris that washes ashore. The Vieques NWR is managed under the USFWS’s Comprehensive Conservation Plan (USFWS 2007, entire). Unit VPR–03: Vieques East Unit VPR–03 consists of approximately 17 ac (7 ha) of beach and coastal vegetation along the northeast to southeast shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes six beach segments (from west to east): (1) one segment along Bahı´a Salinas (Fo´sil Beach) totaling 3 ac (1 ha); (2) four segments east of Punta Salinas including Barco Beach (2 ac (1 ha)), unnamed beach (1 ac (less than 1 ha)), Brava Beach (3 ac (1 ha)), and Blanca Beach (3 ac (1 ha)); and (3) one segment towards Tamarindo Sur Beach (6 ac (3 ha)) and less than 1 mi (1.6 km) west of Punta Este. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under Federal ownership within the eastern tract of the Vieques NWR. Unit VPR–03 is currently closed to public use because of UXO management, and there is limited monitoring of natural resources, including sea turtle nesting surveys and research. Unit VPR–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. The beaches within the Vieques NWR provide mostly an undeveloped beach shoreline and harbor the most E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 important and consistent green turtle nesting area outside the main island of Puerto Rico (Barandarian and Bermu´dez 2022, entire). This unit supports important nesting beaches and expansion and recovery beaches from the other units on Vieques Island, ensuring good spatial representation of green turtle nesting for the east coast of Vieques. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats identified to the PBFs within Unit VPR–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO management), beach erosion, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns; consultation with the U.S. Navy for their UXO management actions, conducting public outreach, and removing terrestrial debris on the beaches and marine debris that washes ashore. The Vieques NWR is managed by the USFWS under the Comprehensive Conservation Plan (USFWS 2007, entire). Unit VPR–04: Fanduca to Conejo Unit VPR–04 consists of approximately 23 ac (9 ha) of beach and coastal vegetation along the southeast shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit comprises eight segments (west to east): (1) Bahı´a Fanduca Beach (2 ac (1 ha)); (2) Bahı´a Yoye´ Beach (1 ac (less than 1 ha)); (3) two segments at Bahı´a Jalova Beach (2 ac (1 ha) and 4 ac (2 ha)); (4) Punta Matı´as Beach (11 ac (5 ha)); and (5) three 1-ac (less than 1-ha) segments along Conejo Beach just west of Bahı´a Salinas del Sur. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under Federal ownership within the eastern tract of the Vieques NWR. Unit VPR–04 is currently closed to public use because of UXO management, and there is limited monitoring of natural resources, including sea turtle nesting surveys and research. Unit VPR–04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. The beaches within the Vieques NWR provide mostly an undeveloped VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 beach shoreline and harbor the most important and consistent green turtle nesting area outside the main island of Puerto Rico (Barandarian and Bermu´dez 2022, entire). This unit supports important beaches on Vieques Island and ensures good spatial representation of green turtle nesting for the southwest coast of Vieques. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats identified to the PBFs within Unit VPR–04 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO management), beach erosion, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns; consultation with the U.S. Navy for their UXO management actions; conducting public outreach; removing terrestrial debris on the beaches and marine debris that washes ashore, which can impede the movement of hatchlings and adults between nests and the ocean; and relocating nests when needed, such as when responding to natural or human-caused disasters. The Vieques NWR is managed under the USFWS’s Comprehensive Conservation Plan (USFWS 2007, entire). Unit VPR–05: La Chiva Unit VPR–05 consists of approximately 10 ac (4 ha) of beach and coastal vegetation along the south shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit comprises two beach segments: (1) within Bahı´a La Chiva Beach (8 ac (3 ha)); and (2) another smaller segment just west of Punta Conejo (2 ac (1 ha)). The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under Federal ownership within the eastern tract of the Vieques NWR. General land use within this unit is primarily for recreational activities (e.g., beachgoers, snorkeling, and tourism) and conservation with periodic or annual monitoring of natural resources, including sea turtle nesting surveys and habitat restoration. Unit VPR–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. The beaches within the Vieques PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 46435 NWR provide mostly an undeveloped beach shoreline and harbor the most important and consistent green turtle nesting area outside the main island of Puerto Rico (Barandarian and Bermu´dez 2022, entire). This unit supports expansion and recovery beaches from the other units on Vieques Island and ensures good spatial representation of green turtle nesting for the south coast of Vieques. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats identified to the PBFs within Unit VPR–05 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO management), beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, consultation with the U.S. Navy for their UXO management actions, conducting public outreach, and removing terrestrial debris from the beaches and marine debris that washes ashore. The Vieques NWR is managed under the USFWS’s Comprehensive Conservation Plan (USFWS 2007, entire). Unit VPR–06: Sun Bay Unit VPR–06 consists of approximately 13 ac (5 ha) of beach and coastal vegetation along the south shoreline of Vieques Island, just east of the town of Esperanza within Sun Bay on Vieques Island, Puerto Rico, on the Caribbean Sea. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are commonwealth-owned and managed by the Puerto Rico DNER as the Bioluminescent Bays Nature Reserve. General land use within this unit is primarily for recreational activities (e.g., beachgoers, tourism, and camping) and conservation with periodic or annual monitoring of natural resources, including sea turtle nesting surveys and habitat restoration. Unit VPR–06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports expansion and recovery beaches from the other units on Vieques Island and ensures good spatial representation of green E:\FR\FM\19JYP2.SGM 19JYP2 46436 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 turtle nesting for the south coast of Vieques (Barandarian and Bermu´dez 2022, entire). This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit VPR–06 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes, oil spills), beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting public outreach, and removing terrestrial debris on the beaches and marine debris that washes ashore. Commonwealth lands within this unit are managed under Puerto Rico’s State Wildlife Action Plan (DNER 2015, entire). Unit VPR–07: Vieques Southwest Unit VPR–07 consists of approximately 48 ac (19 ha) of beach and coastal vegetation along the southwest shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit comprises two segments in the southwestern edge of the Vieques NWR: (1) one 28-ac (11-ha) segment extending approximately 3 mi (5 km) west of Punta Vaca; and (2) one 19-ac (8-ha) segment starting less than 1 mi (less than 1 km) east of Punta Vaca and extending approximately 2 mi (3 km) east just south of Laguna Playa Grande. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Approximately 44 ac (18 ha; 92 percent) of lands within this unit are under Federal ownership within the western tract of the Vieques NWR, and approximately 4 ac (1 ha; 8 percent) are under commonwealth ownership, although a small amount of the upland area under commonwealth ownership may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). General land use within this unit is primarily for recreational activities (e.g., beachgoers and tourism) and conservation with periodic or annual monitoring of natural resources, including sea turtle nesting surveys and habitat restoration. Unit VPR–07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 species. The beaches within the Vieques NWR provide mostly an undeveloped beach shoreline and harbor the most important and consistent green turtle nesting area outside the main island of Puerto Rico (Barandarian and Bermu´dez 2022, entire). This unit supports important nesting beaches on Vieques Island and ensures good spatial representation of green turtle nesting for the south coast of Vieques. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit VPR–07 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills), beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting public outreach, and removing terrestrial debris from the beaches and marine debris that washes ashore. The Vieques NWR is managed under the USFWS’s Comprehensive Conservation Plan (USFWS 2007, entire), and commonwealth lands within this unit are managed under Puerto Rico’s State Wildlife Action Plan (DNER 2015, entire). South Atlantic DPS Unit USVI–01: Sandy Point National Wildlife Refuge Unit USVI–01 consists of approximately 37 ac (15 ha) of beach and coastal vegetation along the Westend Peninsula shoreline within the Sandy Point NWR on the southwest point of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. It also includes a contiguous beach area just outside of the Refuge on the northernmost boundary, on the shore of the Fredericksted pool area at the end of Veterans Shore Drive. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 35 ac (14 ha; 95 percent) in Federal ownership (managed by the USFWS as the Sandy Point NWR) and 2 ac (1 ha; 5 percent) in territory ownership (managed by the Virgin Islands Department of Sports, Parks, and Recreation). General land use within this unit is primarily for the conservation of sea turtles and recreational activities. PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 Unit USVI–01 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. Unit USVI–01 consists of the longest and most continuous stretch of important beach habitat along the western peninsula of St. Croix. This unit provides mostly an undeveloped coastline with limited disturbance from human activity and has seen an increase in green turtle nesting, particularly since 2018 (Lombard 2021, pers. comm.). This area provides the most important green turtle nesting area between Puerto Rico and the U.S. Virgin Islands. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season. Approximately 27 ac (11 ha) of this unit overlap designated critical habitat for the federally endangered leatherback sea turtle (43 FR 43688, September 26, 1978) and also provides nesting habitat for hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit USVI–01 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include controlling public use access on beaches during the nesting season, conducting public outreach, and removing terrestrial debris from the beaches and marine debris that washes ashore. The Sandy Point NWR is managed under the Refuge’s Comprehensive Conservation Plan (USFWS 2010, entire). Unit USVI–02: Long Point Bay Unit USVI–02 consists of approximately 9 ac (4 ha) of mostly undeveloped beach and coastal vegetation along the southwestern shoreline of Long Point Bay just west of Long Point on St. Croix, U.S. Virgin Islands, in the Caribbean Sea, and east of the Sandy Point NWR (USVI–01) along the southern shoreline. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area may be within private ownership). General land use within this unit includes recreational day use activities (e.g., beachgoers and tourism) E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 and limited monitoring of sea turtle activity. Unit USVI–02 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports expansion and recovery beaches from the other U.S. Virgin Islands units and ensures good spatial representation of green turtle nesting for the southwestern shoreline of St. Croix. The Long Point Bay unit provides a mostly undeveloped beach shoreline to support the significant amount of nesting that occurs on the adjacent Sandy Point NWR (Dow et al. 2007, p. 251; Eckert and Eckert 2019, p. 230). This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit USVI–02 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, recreational activities, beach driving, coastal development and associated artificial lighting, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Territory lands within this unit are managed under the Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 2018, entire). Unit USVI–03: St. Croix South Unit USVI–03 consists of 20 ac (8 ha) of beach and coastal vegetation along the south-central shoreline of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit comprises two beach segments: (1) 13 ac (5 ha) east of the oil refinery towards Vagthus Point along Manchenil Bay; and (2) 7 ac (3 ha) along Halfpenny Bay towards Ferral Point. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area may be within private ownership). This unit offers mostly undeveloped beach areas with some areas contiguous with housing and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 public access to the beach. General land use within this unit is mostly recreational activities (e.g., beachgoers and tourism), and there is limited monitoring of natural resources that occurs during the sea turtle nesting season. Unit USVI–03 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports important expansion and recovery beaches and ensures good spatial representation for the south-central coast of St. Croix. Both beaches in Manchenil and Halfpenny Bays have consistent green turtle nesting activity (Dow et al. 2007, p. 251; Eckert and Eckert 2019, p. 230) and present mostly an undeveloped beach shoreline. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Approximately 0.4 ac (0.2 ha) of this unit overlap designated critical habitat for the federally endangered plant Agave eggersiana (79 FR 53315, September 9, 2014). Threats identified to the PBFs within Unit USVI–03 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, beach driving, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Territory lands within this unit are managed under the Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 2018, entire). Unit USVI–04: East End Unit USVI–04 consists of 16 ac (6 ha) of mostly undeveloped beach and coastal vegetation along the shoreline from Grapetree Point in the southeast towards the northeast to Romney Point on St. Croix, U.S. Virgin Islands, in the Caribbean Sea. The unit includes six beach segments (starting from Grapetree Point on the southeast): (1) 2 ac (less than 1 ha) along the west end of Grapetree Bay, (2) 4 ac (2 ha) along Jack’s Bay, (3) 5 ac (2 ha) along Isaac’s Bay, (4) 3 ac (1 ha) along East End Bay, PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 46437 (5) 1 ac (less than 1 ha) along Whale Point Bay, and (6) 1 ac (less than 1 ha) along Knight’s Bay. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). As part of the St. Croix East End Marine Park (STXEEMP 2016, entire), general land use within this unit is mostly recreational activities (e.g., beachgoers, tourism, hiking, and recreational fishing), and there is periodic or annual monitoring of natural resources including limited sea turtle nesting surveys. Unit USVI–04 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports both important expansion and recovery beaches and ensures good spatial representation for the east end coast of St. Croix. This unit harbors one of the most important green turtle nesting areas in St. Croix after Sandy Point NWR (USVI–01) (Dow et al. 2007, p. 251; Eckert and Eckert 2019, p. 230; Pott 2021, entire) and provides mostly an undeveloped coastline with limited disturbance from human activity. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Approximately 4 ac (2 ha) of this unit overlap designated critical habitat for the federally endangered plant Agave eggersiana (79 FR 53315, September 9, 2014). Threats to the PBFs identified within Unit USVI–04 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Territory lands within this unit are managed under the STXEEMP Management Plan (STXEEMP 2016, entire). A portion of these territory- E:\FR\FM\19JYP2.SGM 19JYP2 46438 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 owned lands in this unit (Isaac’s and Jack’s Bay beaches) is managed by the TNC (STXEEMP 2016, entire). Unit USVI–05: Chenay to Coakley Unit USVI–05 consists of 15 ac (6 ha) of mostly undeveloped beach and coastal vegetation along the shoreline from the Southgate Coastal Reserve just west of the Green Cay Marina to Wismenog Point, St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit comprises three beach segments (west to east): (1) 6 ac (3 ha) along Chenay Bay; (2) 5 ac (2 ha) along Prune Bay, and (3) 4 ac (2 ha) along Coakley Bay. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in Territory ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). As part of the STXEEMP (2016, entire), general land use within this unit is mostly recreational activities (e.g., beachgoers, tourism, hiking, and recreational fishing), and there is periodic or annual monitoring of natural resources including limited sea turtle nesting surveys. Unit USVI–05 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports important expansion and recovery nesting areas and ensures good spatial representation for the northeast of St. Croix. The mostly undeveloped coastline experiences limited disturbance from human activity and has consistent green turtle nesting (Dow et al. 2007, p. 251; Eckert and Eckert 2019, p. 230; Pott 2021, entire) from year to year. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit USVI–05 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 beaches and marine debris that washes ashore. Territory lands within this unit are managed under the STXEEMP Management Plan (STXEEMP 2016, entire). A portion of this unit, Southgate Coastal Reserve, is owned and managed by the St. Croix Environmental Association (STXEEMP 2016, entire). conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Territory lands within this unit are managed under the Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 2018, entire). Unit USVI–06: Buccaneer Unit USVI–06 consists of 6 ac (2 ha) of beach and coastal vegetation along the shoreline on the north coast of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit comprises two beach segments: (1) 5 ac (2 ha) along Beauregard Bay just north of Altona Lagoon; and (2) 1 ac (less than 1 ha) along Whistle Beach just east of Shoy Point. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). Adjacent private lands within this unit are associated with the Buccaneer Beach and Golf Resort, and, therefore, general land use within this unit includes recreational activities related to the resort (e.g., beachgoers, swimming, and tourism). Unit USVI–06 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit provides a partially developed coastline with limited disturbance from human activity associated with the resort. Both beaches within this unit support expansion and recovery nesting beaches from adjacent units (USVI–05, 07, and 08) (Eckert and Eckert 2019, p. 230) and ensure good spatial representation in the north part of St. Croix. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit USVI–06 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, Unit USVI–07: Judith’s Fancy PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 Unit USVI–07 consists of 3 ac (1 ha) of beach and coastal vegetation along the north shoreline within the Judith’s Fancy Estate just east of Salt River Bay on St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in Territory ownership, although a small amount of the upland area may be under private ownership (noting that the best available information does not indicate how much area is within private ownership). General land use within this unit is mostly recreational activities (e.g., beachgoers), and there are limited sea turtle nesting surveys. Unit USVI–07 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit supports an expansion and recovery nesting beach for the other adjacent units (USVI–05, 06, and 08) (Eckert and Eckert 2019, p. 230) and ensures good spatial representation for the north shoreline of St. Croix. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit USVI–07 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills), beach erosion, coastal development and associated artificial lighting, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns, conducting habitat restoration, mitigating lighting impacts, and removing terrestrial debris from the beaches and marine debris that washes ashore. Territory lands within this unit are managed under the Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 2018, entire). E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Unit USVI–08: Buck Island Reef National Monument Unit USVI–08 consists of 12 ac (5 ha) of undeveloped beach and coastal vegetation along the shoreline of Buck Island approximately 2 mi (3 km) off the northeast coast of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures from the island’s North Shore on the northwest and moving south towards West Beach, South Shore, and Turtle Bay. Lands within this unit are all within Federal ownership and managed by the NPS for conservation and recreation. General land use includes recreational activities (i.e., snorkeling, hiking trails, and picnic day use areas), and scientific research and monitoring of natural resources that may occur year-round, including sea turtle nesting surveys. Unit USVI–08 is occupied by the species and contains one or more of the PBFs essential to the conservation of the species. This unit provides an undeveloped coastline with limited disturbance from human activity and has had consistent green turtle nesting for at least the past 10 years (NPS 2021b and 2021c, entire) and provides the only important nesting area outside of the main island of St. Croix. This unit also contains internesting beach area to support placement of multiple nests by individual green turtles within a single season and provides nesting habitat for the leatherback and hawksbill turtles that also occupy this area. Threats to the PBFs identified within Unit USVI–08 include habitat loss, modification, and degradation of nesting beach habitat, naturally caused or human-caused disasters (e.g., hurricanes and oil spills) and responses to disasters, beach erosion, recreational activities, and presence of terrestrial and marine debris. Special management considerations or protection measures to reduce or alleviate the threats may include conducting specific research to better understand erosion patterns and removing terrestrial debris from the beaches and marine debris that washes ashore. The Buck Island Reef National Monument is managed under the NPS’s General Management Plan (NPS 2012, entire). Effects of Critical Habitat Designation Section 7 Consultation Section 7(a)(2) of the Act requires Federal agencies, including the USFWS, to ensure that any action they fund, authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 species or result in the destruction or adverse modification of designated critical habitat of such species. In addition, section 7(a)(4) of the Act requires Federal agencies to confer with the USFWS on any agency action which is likely to jeopardize the continued existence of any species proposed to be listed under the Act or result in the destruction or adverse modification of proposed critical habitat. We published a final rule revising the definition of destruction or adverse modification on August 27, 2019 (84 FR 44976). Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species. Compliance with the requirements of section 7(a)(2) is documented through our issuance of: (1) A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or (2) A biological opinion for Federal actions that may affect, and are likely to adversely affect, listed species or critical habitat. When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species and/or destroy or adversely modify critical habitat, we provide reasonable and prudent alternatives to the project, if any are identifiable, that would avoid the likelihood of jeopardy and/or destruction or adverse modification of critical habitat. We define ‘‘reasonable and prudent alternatives’’ (at 50 CFR 402.02) as alternative actions identified during consultation that: (1) Can be implemented in a manner consistent with the intended purpose of the action, (2) Can be implemented consistent with the scope of the Federal agency’s legal authority and jurisdiction, (3) Are economically and technologically feasible, and (4) Would, in the USFWS Director’s opinion, avoid the likelihood of jeopardizing the continued existence of the listed species and/or avoid the likelihood of destroying or adversely modifying critical habitat. Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable. Regulations at 50 CFR 402.16 set forth requirements for Federal agencies to reinitiate consultation if any of the following four conditions occur: (1) the PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 46439 amount or extent of taking specified in the incidental take statement is exceeded; (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence; or (4) a new species is listed or critical habitat designated that may be affected by the identified action. The reinitiation requirement applies only to actions that remain subject to some discretionary Federal involvement or control. As provided in 50 CFR 402.16, the requirement to reinitiate consultations for new species listings or critical habitat designation does not apply to certain agency actions (e.g., land management plans issued by the Bureau of Land Management in certain circumstances). Application of the ‘‘Destruction or Adverse Modification’’ Standard The key factor related to the destruction or adverse modification determination is whether implementation of the proposed Federal action directly or indirectly alters the designated critical habitat in a way that appreciably diminishes the value of the critical habitat for the conservation of the listed species. As discussed above, the role of critical habitat is to support PBFs essential to the conservation of a listed species and provide for the conservation of the species. Section 4(b)(8) of the Act requires us to briefly evaluate and describe, in any proposed or final regulation that designates critical habitat, activities involving a Federal action that may violate section 7(a)(2) of the Act by destroying or adversely modifying such habitat, or that may be affected by such designation. One of the most important concepts of an analysis for destruction or adverse modification is the scale at which the analysis and final conclusion are made. Just as the determination of jeopardy under section 7(a)(2) of the Act is made at the scale of the entire listed entity, a determination of destruction or adverse modification is made at the scale of the entire critical habitat designation. Put another way, the determination of ‘‘destruction or adverse modification’’ is based on whether the action will appreciably diminish the value of the critical habitat as a whole, not just in the action area. Therefore, an analysis for destruction or adverse modification for green turtle critical habitat would be performed at the DPS level and would assess whether E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46440 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules the effects of the action will appreciably diminish the value of critical habitat within the affected DPS. During a consultation under section 7(a)(2) of the Act, activities that we may find are likely to destroy or adversely modify critical habitat for the green turtle DPSs include, but are not limited to: (1) Actions that would significantly alter the configuration, topography, or substrate of nesting or basking habitats. Such activities could include, but are not limited to, construction development and associated infrastructure, including roadways; commercial and residential development; light installation visible from beaches; fencing installation; hard stabilization structures; removal, placement, or redistribution of sediments, such as beach nourishment; dredged material disposition; planting or promoting dense, woody, nonnative vegetation; and mechanical beach raking. These activities may destroy or degrade beach habitats, eliminating or reducing the terrestrial habitat necessary for green turtle basking, nesting, incubation, hatching, hatchling emergence from the sand, and transit to sea. However, activities that are intended to benefit green turtle critical habitat (e.g., restoration or enhancement of beach/dune habitat, beach renourishment restorations, occasional or episodic protective screening over nests where predator management may not be feasible or proven effective after implementation, and dune stabilizations, including managed sand fencing where deemed appropriate, that demonstrate beneficial contributions to the recovery of the species) following state and federal guidelines, under most circumstances would not significantly adversely alter nesting or basking habitats. (2) Actions that would inhibit the natural ability of beaches to adapt to sea level rise. Depending on the location, such activities could include, but are not limited to, construction of sea walls, bulkheads, revetments, jetties, groins, beachside buildings, parking lots and roadways, and artificial dunes with rock or clay cores or stabilized with fencing or densely planted vegetation outside of State and Federal guidelines. Such structures prevent the natural migration of barrier beach habitats, increasing the rate and areal extent of inundation and corresponding loss of green turtle nesting and basking habitats. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Exemptions Application of Section 4(a)(3) of the Act The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) required each military installation that includes land and water suitable for the conservation and management of natural resources to complete an integrated natural resources management plan (INRMP) by November 17, 2001. An INRMP integrates implementation of the military mission of the installation with stewardship of the natural resources found on the base. Each INRMP includes: (1) An assessment of the ecological needs on the installation, including the need to provide for the conservation of listed species; (2) A statement of goals and priorities; (3) A detailed description of management actions to be implemented to provide for these ecological needs; and (4) A monitoring and adaptive management plan. Among other things, each INRMP must, to the extent appropriate and applicable, provide for fish and wildlife management; fish and wildlife habitat enhancement or modification; wetland protection, enhancement, and restoration where necessary to support fish and wildlife; and enforcement of applicable natural resource laws. The National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108– 136) amended the Act to limit areas eligible for designation as critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) provides that the Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the DoD, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation. We consult with the military on the development and implementation of INRMPs for installations with listed species. We analyzed INRMPs developed by military installations located within the range of the proposed critical habitat designation for the green turtle to determine if they meet the criteria for exemption from critical habitat under section 4(a)(3) of the Act. There are 14 DoD-owned or -managed areas with completed USFWS-approved INRMPs for lands within the range of the green turtle proposed critical habitat PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 designation. These lands are addressed in eight INRMPs within the Central North Pacific DPS (398 ac (161 ha)), the Central West Pacific DPS (49.5 ac (20.5 ha)), and the North Atlantic DPS (2,865 ac (1,159 ha)), including a total of approximately 3,313 ac (1,341 ha) qualifying for exemption from critical habitat under section 4(a)(3) of the Act. Each of these approved INRMPs and their benefits to the green turtle and its habitat are summarized below. Approved INRMPs Pacific Missile Range Facility, Island of Kaua1i, HI; Central North Pacific DPS; 298 ac (121 ha) The Pacific Missile Range Facility includes lands on multiple Hawaiian Islands, totaling 3,700 ac (1,497 ha) and is identified as the largest instrumented multi-environment test range in the world. The facility supports training, tactics development, and evaluations of air, surface, and subsurface weapons systems for the Navy and other DoD agencies, foreign military forces, and private industry, as well as varied support of naval operations (DoD 2010, p. 2–1). For this proposed rule, we are only addressing coastal facility lands on Kaua’i at the Navy-owned Barking Sands (Main Base), which includes range operations, missile assembly and launch, radar tracking, communications, aviation and aviation support, a torpedo shop, and personnel support. Natural resources are managed at the Pacific Missile Range Facility to support the military mission and to provide sustainable environments for training, education, and operations. Installation objectives are established, prioritized, and revisited on a regular basis, including consideration of natural resources management to meet both installation (mission) and regional objectives. The primary goal of the INRMP is to ‘‘support and sustain the military mission of Pacific Missile Range Facility while managing, protecting, and enhancing biological diversity and ecosystem integrity of military lands and waters and all associated threatened and endangered species and their habitats’’ (DoD 2010, p. 1–10). The 2010 Pacific Missile Range Facility INRMP guides the management and conservation of natural resources under the installation’s control. It provides interdisciplinary strategic guidance for the management of natural resources, including the green turtle, in support of the military mission at Barking Sands. We identified 298 ac (121 ha) of DoD lands within the Barking Sands area that harbor important basking and nesting E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules habitat consisting of beach, dune, and coastal vegetation. These lands are considered occupied by the species and provide natural beach habitat important for green turtle basking and nesting activity. Natural resources management at Barking Sands is addressed through the following categories: project-specific management action, natural resources studies, use of Geographic Information systems, forestry, community outreach, outdoor recreation, land management, flood plains, law enforcement, wildland fire, and leases and encroachment (DoD 2010, p. 3–56). Recommended management actions outlined in the INRMP (DoD 2010, pp. 9–3, 9–5, 9–7, 9– 9) that provide a conservation benefit to green turtles include: (1) Conducting predator control; (2) Implementing sea turtle management, including daily records of observations (sightings, tracks, and nesting events); (3) Protecting, monitoring, and recording sea turtle nests; (4) Implementing standard operating procedures that require beaches to be surveyed 1 hour prior to beach landing exercises, and delaying training if turtles are present until they voluntarily leave the area; (5) Conducting cleanup events of marine debris that washes ashore; (6) Implementing invasive species prevention and control, and developing a biosecurity program that helps prevent the introduction and transportation of invasive species; (7) Implementing habitat and dune restoration activities; (8) Continuing to restrict beach and dune access to maintain native vegetation; (9) Continuing to distribute natural resources information to Navy personnel and civilians, including information on natural resource policies and regulations; and (10) Ensuring that construction and maintenance projects are reviewed by an environmental coordinator to ensure contractors are aware of guidelines to avoid impacting sensitive vegetation. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Pacific Missile Range Facility INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 298 ac (121 ha) of habitat in this proposed critical VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 habitat designation because of this exemption. Bellows Air Force Station, Island of O1ahu, HI; Central North Pacific DPS; 5 ac (2 ha) Bellows Air Force Station is located on the windward side of the Ko’olau Mountain Range approximately 25 mi (40 km) east of Honolulu, bordered by the Marine Corps Training Area Bellow to the west and south, and the Pacific Ocean (Waima¯nalo Bay) to the east. The installation encompasses approximately 422 ac (171 ha) of DoD-managed lands to include wetlands, forested land, beach areas, as well as recreational facilities, inactive runways, taxiways, aircraft parking areas, and roads. Its main use/mission is to provide training, recreation, and leisure programs for Air Force, DoD Service components, families, and civilian personnel (BAFS 2018, pp. 18–20). We identified 5 ac (2 ha) of DoD lands within this area that harbor important basking and nesting habitat consisting of beach, dune, and coastal vegetation. These lands are considered occupied by the species and provide a natural beach and dune complex important for green turtle nesting activity. The Air Force’s INRMP (BAFS 2018, entire) is an installation-specific Environmental Management Plan that guides the management and conservation of natural resources under the installation’s control. The INRMP outlines management practices and work projects that are necessary to protect the environment and preserve the Bellows Air Force Station’s dual mission of training and recreation and aligns with Pacific Air Force’s mission to address emerging adversarial threats and strategic survivability goals. It also incorporates the 18th Wing mission with natural resources management and stewardship to be implemented at Detachment 2, 18th Force Support Squadron (Det 2, 18 FSS) located at Bellows Air Force Station. Section 7.4 of the INRMP describes management of threatened and endangered species on the installation, including green turtles and their habitat (BAFS 2018, pp. 91–112). General management measures benefit green turtles (e.g., predator control, cooperating with associated recovery activities, implementing beach shoreline protections) in addition to implementation of the following best management practices set forth by the Pacific Islands Fish and Wildlife Office: (1) Implementing training on sea turtle protection procedures for relevant staff, volunteers, and contractors; PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 46441 (2) Providing guests with turtle conservation information; (3) Continuing not to use recreational equipment (e.g., chairs, umbrellas); (4) Removing marine debris that washes ashore; (5) Implementing pet restrictions; (6) Encouraging native plant growth on beaches and sand dunes to reduce erosion by stabilizing the beach; (7) Removing or avoiding use of nonnative plant species that would inhibit and entangle turtle hatchlings; (8) During nesting and hatchling emergence periods, preventing driving of any vehicles on the oceanward side of active nests, raking out tire ruts, and restricting driving on beaches to only Bellows Air Force Station staff when necessary; (9) If nest excavations must occur, contacting the Pacific Islands Fish and Wildlife Office no later than 7 days prior to incubation day 65 to coordinate nest excavations; (10) Providing informational signs and installing nest protection areas/ signs to prevent nest disturbances and protect basking hotspots; and (11) Encouraging fisherman to use barbless hooks and to disentangle turtles. Additionally, the Station conducts incidental monitoring of basking sea turtles (BAFS 2018, p. 113). The Air Force provides training and field forms to staff/volunteers to identify and record incidental encounters with sea turtles and install informational/educational signs in high public use areas where green turtles regularly bask. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Bellows Air Force Station INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 5 ac (2 ha) of habitat in this proposed critical habitat designation because of this exemption. Joint Base Pearl Harbor–Hickam, Island of O1ahu, HI; Central North Pacific DPS; 10 ac (4 ha) Naval Station Pearl Harbor and Hickam Air Force Base combined to form the Joint Base Pearl Harbor– Hickam; the Navy acts as ‘‘Component Lead’’ for the installation (Navy 2011, p. 2–1). The total area that the Navy oversees for this installation includes 24,895 ac (10,075 ha) of land and approximately 68,081 ac (27,552 ha) of water (Navy 2011, p. 2–1). E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46442 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Natural resources management for multiple Air Force properties in Hawai1i that are now under Navy jurisdiction are addressed jointly in the Joint Base Pearl Harbor–Hickam INRMP (see chapter 7; Navy 2011, p. ES–1). The primary goal of the INRMP is to support and sustain the military mission of Joint Base Pearl Harbor–Hickam while managing, protecting, and enhancing biological diversity and ecosystem integrity of military lands and waters, including the associated threatened and endangered species and their habitats (Navy 2011, p. 1–11). Additionally, it is also a goal of the INRMP to provide multiple-use programs for the management, conservation, and protection of renewable natural resources including wildlife, soil, water, and natural areas in conformance with applicable Federal and State of Hawai1i natural resource laws, regulations, and policies (Navy 2011, p. 1–11). These goals are further amplified by implementation of adaptive management strategies and ecosystem management considerations (Navy 2011, p. 1–14). We identified a total of 10 ac (4 ha) of DoD lands at White Plains Beach and Nimitz Beach (natural beach area) and at Iroquois Point (renourished/manmade beach area) that harbor important basking and nesting habitat consisting of beach and coastal vegetation. These lands are considered occupied by the species and provide both natural renourished beach important for green turtle basking and nesting activity. The 2011 INRMP includes natural resources program management for threatened and endangered species and conservation actions for the green turtle and its habitat. Management that benefits green turtles and their habitat includes: (1) Providing staff-focused annual natural resource training; (2) Reducing marine debris that washes ashore; (3) Providing awareness of the Act, protected species, and natural resources stewardship; (4) Maintaining/updating SOPs for protection of Act-protected species; and (5) Conducting predator control at Nimitz and White Plains beaches. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Navy’s Joint Base Pearl Harbor–Hickam INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of the Act. We are not including 10 ac (4 ha) of habitat in this proposed critical habitat designation because of this exemption. Marine Corps Base Hawai1i at Ka¯ne1ohe Bay, Island of O1ahu, HI; Central North Pacific DPS; 44 ac (18 ha) The Marine Corps Base Hawai1i encompasses approximately 4,500 ac (1,821 ha) of DoD lands across eight properties on O1ahu, including Marine Corps Base Hawai1i at Ka¯ne1ohe Bay, Marine Corps Training Area Bellows, Waikane Valley Impact Area, Marine Corps Base Hawai1i at Camp H.M. Smith, Pu1uloa Range Training Facility, Manana Housing Area, Pearl City Annex, and Moloka1i Training Support Facility (Marine Corps 2017, Section 4.3, pp. 4–1 through 4–7). The Marine Corp’s mission at Marine Corps Base Hawai1i includes maintaining facilities and providing programs and service in support of units, individuals, and families in order to enhance and sustain combat readiness for all operating forces and tenant organizations (Marine Corps 2017, p. 4–1). Tenant commands supported include the 3rd Marine Regiment (Reinforced), Marine Aircraft Group-24, and Combat 19 Logistics Battalion-3. The Marine Corps Base Hawai1i at Ka¯ne1ohe Bay is located on Mo¯kapu Peninsula (windward O1ahu) covering approximately 2,951 ac (1,194 ha) of land, as well as a 0.3-mi (.5-km) Naval Defensive Sea Area (i.e., security buffer zone) extending seaward from the shorelines. The base comprises training areas, active-duty housing, residential housing, administrative and operational buildings, wetlands, wildlife management areas, and personnel support facilities (Marine Corps 2017, p. 4–4). We identified 44 ac (18 ha) of DoD lands within this area that are occupied by green turtles and harbor important green turtle basking and nesting habitat consisting of beach, dune, and coastal vegetation. The 2017 Marine Corps Base Hawai1i INRMP guides the management and conservation of natural resources under the Marine Corps’ control, guiding the management of natural resources, including green turtles and their habitat (Marine Corps 2017, appendix C). The base engages in a variety of conservation measures for green turtles (Marine Corps 2017, pp. C2–10 through C2–12), which also benefit other sea turtles that are known to occur on the base, including: (1) Implementing management actions to minimize erosion and pollution runoff; (2) Conducting invasive species removal; PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 (3) Conducting predator control; (4) Monitoring for sea turtle occurrences and nesting, including monitoring of discovered nest sites; (5) Monitoring sea turtle basking activities; (6) Working with facility engineers to minimize lighting near shorelines, including any new lighting installations to use International Dark-Sky compliant fixtures; (7) Protecting native beach strand vegetation to reduce erosion and stabilize the land; (8) Protecting nesting and basking turtles by erecting barriers and monitoring the turtle activity; (9) Ensuring that any pets are allowed only on authorized beaches and only if leashed; (10) Implementing sea turtle nesting protection measures (e.g., installing signs at sea turtle nesting sites and limiting the presence of people within 100 ft (30 m) of the nesting site, making the beach off limits to dogs until hatchlings depart, preventing driving on the oceanward side of active nests, raking tire ruts); (11) Conducting nest excavations if necessary, including coordinating with the Pacific Islands Fish and Wildlife Office; (12) Removing marine debris that washes ashore; (13) Enforcing a 500-yd (457-m) seaward buffer zone to control all access and resources including fishing, surfing, and other near-shore activities; (14) Implementing protocols for military maneuvers and large-scale recreational events; and (15) Conducting educational outreach regarding sea turtle information. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Marine Corps’ INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 44 ac (18 ha) of habitat in this proposed critical habitat designation because of this exemption. Marine Corps Training Area Bellows, Island of O1ahu, HI; Central North Pacific DPS; 18 ac (7 ha) Marine Corps Training Area Bellows is one of eight facilities that comprise Marine Corps Base Hawai1i (see above). Marine Corps Training Area Bellows encompasses approximately 1,074 ac (435 ha) of the military-controlled lands at Bellows on the windward coast of E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 O1ahu, approximately 12 mi (19 km) south of Marine Corps Base Hawai1i at Ka¯ne1ohe Bay (see above) (Marine Corps 2017, p. 4–5). This facility is a non-livefire training range that supports ground maneuver operations, including a 0.5-mi (0.8-km) beach front area that supports ship-to-shore operations involving Landing Craft Air Cushioned and amphibious assault vehicle landings (Marine Corps 2017, p. 4–5). The beach and shoreline area are used for the military during the week and are open to public recreational activities on weekends and holidays. See above description of the military mission for this training area under the section for Marine Corps Base Hawai1i Ka¯ne1ohe Bay. We identified 18 ac (7 ha) of DoD lands within this area that are occupied by green turtles and harbor important green turtle basking and nesting habitat consisting of beach, dune, and coastal vegetation. The Marine Corps Training Area Bellows natural resources management is incorporated into the Marine Corps Base Hawai1i INRMP (Marine Corps 2017, entire). Therefore, the conservation measures that benefit green turtles and their habitat are as described above under the approved INRMP section for Marine Corps Base Hawai1i at Ka¯ne1ohe Bay (Marine Corps 2017, pp. C2–10 through C2–12). Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Marine Corps’ INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 18 ac (7 ha) of habitat in this proposed critical habitat designation because of this exemption. Marine Corps Pu1uloa Training Facility, Island of O1ahu, HI; Central North Pacific DPS; 3.5 ac (1 ha) Marine Corps Pu1uloa Training Facility is one of eight facilities that comprise Marine Corps Base Hawai1i (see above). The Pu1uloa Range Training Facility encompasses 162 ac (66 ha) on the coast of O1ahu near Pearl Harbor’s Iroquois Point in leeward O1ahu (Marine Corps 2017, p. 4–7). This is an active training facility used for small arms qualification and practice, to include six live-fire ranges. We identified 3.5 ac (1 ha) of DoD lands within this area that are occupied by green turtles and harbor important green turtle basking and nesting habitat consisting of beach and coastal VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation. The Marine Corps Pu1uloa Training Facility’s natural resources management is incorporated into the Marine Corps Base Hawai1i Ka¯ne1ohe INRMP (Marine Corps 2017, entire). Therefore, the conservation measures that benefit green turtles and their habitat are as described above under the approved INRMP section for Marine Corps Base Hawai1i at Ka¯ne1ohe Bay (Marine Corps 2017, pp. C2–10 through C2–12). Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Marine Corps’ INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 3.5 ac (1 ha) of habitat in this proposed critical habitat designation because of this exemption. Dillingham Military Reservation, Island of O1ahu, HI; Central North Pacific DPS; 14.5 ac (6 ha) The U.S. Army Garrison Hawai1i encompasses approximately 47,869 ac (19,372 ha) of DoD lands across seven properties on O1ahu including Schofield Barracks Military Reservation, Schofield Barracks East Range, Kawailoa Training Area, Kahuku Training Area, Dillingham Military Reservation, Makua Military Reservation, and Tripler Army Medical Center (U.S. Army Garrison 2010, section ES, pp. 1–9). The strategy of the INRMP is to protect the Army’s mission and access to air, land, and water resources while supporting nonmilitary activities and maintaining functional, healthy ecosystems for present and future generations (U.S. Army Garrison 2010, Section 1, pp. 4– 5). The U.S. Army Garrison Hawai1i at Dillingham Military Reservation located near Kaena Point along the north shore of Oahu covers approximately 664 ac (269 ha) of land. The reservation comprises training areas, a private-use/ owned cantonment (developed) area, a joint use civilian/military airfield, and three airborne drop zones (U.S. Army Garrison 2010, p. ES–7). We identified 14.5 ac (6 ha) of DoD lands within Dillingham Military Reservation that harbor important basking and nesting habitat consisting of beach, dune, and coastal vegetation. These lands are considered occupied by the species and provide a natural beach and dune complex important for green turtle basking and nesting activity. PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 46443 The O’ahu Army 2010–2014 INRMP (U.S. Army Garrison 2010, entire), although out-of-date, is operational and will be updated as soon as feasible. In the interim, the Army has developed an Addendum to the INRMP that includes natural resources program management for threatened and endangered species and conservation actions for the green turtle and its habitat (U.S. Army Environmental Command 2022, pp. 12– 13). Management that benefits green turtles and their habitat includes (but is not limited to): (1) Installing exclusion fencing around sea turtle nests; (2) Installing and maintaining barricades to prevent off-road driving on beaches; (3) Installing educational signage on beaches; (4) Restricting recreational access; (5) Planning for catastrophic events; (6) Conducting biannual beach cleanups of terrestrial debris and marine debris that washes ashore. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Army’s INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 14.5 ac (6 ha) of habitat in this proposed critical habitat designation because of this exemption. Ma¯kua Military Reservation, Island of O1ahu, HI; Central North Pacific DPS; 5 ac (2 ha) Army Garrison Ma¯kua Military Reservation is one of seven facilities that comprise the Army Garrison Hawai1i (see above under Dillingham Military Reservation regarding military activities and applicable INRMP). The Ma¯kua Military Reservation encompasses 4,190 ac (1,696 ha) on the coast of O1ahu near Kaena Point in leeward O1ahu (U.S. Army Garrison 2010, p. ES–8). This is an active training facility used for both maneuver and live-fire training. We identified 5 ac (2 ha) of DoD lands within Ma¯kua Military Reservation that harbor important basking and nesting habitat consisting of beach, dune, and coastal vegetation. These lands are considered occupied by the species and provide a natural beach and dune complex important for green turtle basking and nesting activity. The 2022 Addendum to the 2010– 2014 INRMP (see above under Dillingham Military Reservation) E:\FR\FM\19JYP2.SGM 19JYP2 46444 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 includes natural resources program management for threatened and endangered species and conservation actions for the green turtle and its habitat at Army Garrison Ma¯kua Military Reservation. The conservation measures that benefit green turtles and their habitat are as described above under the approved INRMP section for Dillingham Military Reservation (U.S. Army Environmental Command 2022, pp. 12–13). Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Army’s INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 5 ac (2 ha) of habitat in this proposed critical habitat designation because of this exemption. Naval Base Guam Main Base, Asan, Guam; Central West Pacific DPS; 7 ac (3 ha) The Naval Base Guam Main Base is one of 13 Department of Navy holdings on Guam and Department-leased lands on Tinian and Farallon de Medinilla that are part of Joint Region Marianas (under Commander, Navy Installations Command) (Navy 2019, Table 1–1 and Figure 1–2). The mission of the Joint Region Marianas is providing executivelevel installation management support to all 13 DoD components and tenants through assigned regional installations on Guam and the commonwealth of the Northern Mariana Islands in support of training in the Marianas; acting as the interface between the Department of the Navy and the civilian community; ensuring compliance with all environmental laws and regulations, safety procedures, and equal opportunity policy; and performing other functions and tasks as may be assigned (Navy 2019, p. 2–1). Naval Base Guam Main Base is 3,455 ac (1,398 ha) and is located around Apra Harbor and on the Orote Peninsula along the central west side of Guam and consists of several locations that are controlled by the Navy. The Naval Base Guam Main Base supports Commander Naval Forces Marianas, Submarine Squadron 15, Coast Guard Sector Guam, Naval Special Warfare Unit One, and 28 other tenant commands, and is the home base of three Los Angeles class submarines and dozens of units operating in support of U.S. Indo-Pacific Command, U.S. Pacific Fleet, Seventh Fleet, and Fifth Fleet (Navy 2019, p. 2– VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 7). The primary function of the Base is to support fleet units and operational forces of the 5th and 7th Fleets, and it serves as a forward deployment base and logistics hub that includes a distribution center for material, personnel, and munitions that support sea, land, and air forces operating in Asia and the Western Pacific (Navy 2019, p. 4–77). We identified 7 ac (3 ha) of Navy lands within this area that are occupied by green turtles and harbor important green turtle nesting habitat consisting of beach, dune, and coastal vegetation. The 2019 Joint Region Marianas INRMP guides the management and conservation of natural resources, including green turtles and their habitat (Navy 2019, entire). Additionally, approximately 506 ac (205 ha) of Guam NWR lands overlay Navy lands on the Base, providing important habitat for federally listed species (Navy 2019, table 1–1). The Naval Base Guam Main Base engages in a variety of general conservation measures to benefit green turtles (e.g., terrestrial habitat management, terrestrial invasive species management, a regional biosecurity plan to reduce the risk of spreading nonnative species) and species-specific conservation measures for green turtles (Navy 2019, pp. 5–82 through 5–89), including: (1) Conducting monitoring activities to inform adaptive management actions and avoid sensitive areas during construction, operations, and training; (2) Monitoring and protecting green turtles to maintain habitat and improve nesting success; (3) Annually locating, protecting, and evaluating all turtle nest sites to determine nest success, emergence success, and depredation; (4) Removing nonnative, invasive vegetation at Spanish Steps Beach to increase the likelihood of successful hatching and promote successful hatchlings traversing to the ocean, and to promote natural regeneration of native strand vegetation; (5) Controlling monitor lizards at nesting beaches and covering nests with wire mesh to increase hatchling success; (6) Protecting nesting female turtles and nests by limiting vehicle access to nesting beaches through placement of barriers on the beach access sites to Dadi Beach; and (7) Participating in turtle conservation meetings and sharing turtle information with partners. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Navy’s INRMP and that PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 7 ac (3 ha) of habitat in this proposed critical habitat designation because of this exemption. Andersen Air Force Base, Yigo, Guam; Central West Pacific DPS; 32 ac (13 ha) Andersen Air Force Base is one of 13 Department of Navy holdings on Guam and Department-leased lands on Tinian and Farallon de Medinilla that are part of Joint Region Marianas (under Commander, Navy Installations Command) (see Naval Base Guam Main Base, above). Andersen Air Force Base encompasses 15,400 ac (6,272 ha) of terrestrial lands (plus additional submerged areas) on the north end of Guam, approximately 15 mi (24 km) from the capital, Agana. The Base serves as a stopping point for numerous aircraft en route to Japan, Korea, and other Asian locations, providing operational and mission activities supported by runways and aircraft operations (Navy 2019, p. 2–8). It is host unit to the 26th Wing and also home to the 36th Mobility Response Squadron, Helicopter Sea Combat Squadron 25, the 69th Reconnaissance Group-Detachment 1, 644th Combat Communications Squadron, the 94th Army Air and Missile Defense Command, the 734th Air Mobility Squadron, and the 22nd Space Operations Squadron-Detachment 5. Approximately 10,158 ac (4,111 ha) of Guam NWR lands overlay Air Force lands on the Base, providing important habitat for federally listed species (Navy 2019, table 1–1). We identified 32 ac (13 ha) of DoD lands on Andersen Air Force Base that are occupied by green turtles and harbor important green turtle nesting habitat consisting of beach, dune, and coastal vegetation. Natural resources management for sea turtles and their habitat is incorporated into the Joint Region Marianas INRMP (Navy 2019, entire). The Base engages in a variety of general conservation measures to benefit green turtles (e.g., terrestrial habitat management, terrestrial invasive species management, a regional biosecurity plan to reduce the risk of spreading nonnative species) and species-specific conservation measures for green turtles (Navy 2019, pp. 9–67, 9–68, 9–72 through 9–75), including: (1) Conducting surveys to monitor long-term trends of spatial and temporal distribution of sea turtle nesting activity; E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (2) Protecting nests from ungulates and monitor lizard predation through screening and monitoring; (3) Implementing shoreline vegetation management to increase the likelihood of successful hatching of sea turtles and hatchling turtles successfully traversing the strand vegetation and beach access to the ocean; (4) Removing nonnative, invasive vegetation to enhance natural regeneration of native strand vegetation; and (5) Conducting an outreach and education program that includes two annual beach cleanups along Tarague Beach, public presentations to schools and incoming families, and information to recreational beach visitors through signage and outreach materials. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Joint Region Marianas INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 32 ac (13 ha) of habitat in this proposed critical habitat designation because of this exemption. Naval Base Guam Telecommunication Site, Santa Rita, Guam; Central West Pacific DPS; 1 ac (0.5 ha) Naval Base Guam Telecommunication Site is one of 13 Department of Navy holdings on Guam and Departmentleased lands on Tinian and Farallon de Medinilla that are part of Joint Region Marianas (under Commander, Navy Installations Command) (see Naval Base Guam Main Base, above). Naval Base Guam Telecommunication Site encompasses 2,412 ac (976 ha) of terrestrial lands (plus additional submerged areas) located on the northwestern coast of the island. The Site provides multispectral connectivity, NetOps, and information assurance to the Navy, Joint, and Coalition forces on Guam, and in the Western Pacific and Indian Oceans, and its mission is to provide continuous global and universal communications services to fleet units, shore activities, and joint forces (Navy 2019, p. 8–1). Approximately 2,097 ac (848 ha) of Guam NWR lands overlay Air Force lands on the Base (of which 252 ac (101 ha) are the Haputo Ecological Reserve Area) (Navy 2019, p. 8–1, table 1–1). We identified 1 ac (0.5 ha) of DoD land on the Naval Base Guam Telecommunication Site that is occupied by green turtles and harbors VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 important green turtle nesting habitat consisting of beach, dune, and coastal vegetation. Natural resources management for sea turtles and their habitat is incorporated into the Joint Region Marianas INRMP (Navy 2019, entire). The Site engages in a variety of general conservation measures to benefit green turtles (e.g., terrestrial habitat management, terrestrial invasive species management, a regional biosecurity plan to reduce the risk of spreading nonnative species) and species-specific conservation measures for green turtles (Navy 2019, pp. 8–47, 8–48, 8–52 through 8–56), including: (1) Conducting regular sea turtle nest monitoring that assists with overall population monitoring in Guam; (2) Implementing predator control measures to protect species and coordinate efforts with appropriate agencies; and (3) Implementing a Natural Resources Stewardship Outreach and Public Engagement Program, which includes terrestrial and marine natural resources educational outreach projects, to ensure education regarding regulations, policies, and information about natural resources, including green turtles. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Joint Region Marianas INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, land within this installation is exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 1 ac (0.5 ha) of habitat in this proposed critical habitat designation because of this exemption. Tinian Military Lease Area, Commonwealth of the Northern Mariana Islands; Central West Pacific DPS; 9.5 ac (4 ha) The Tinian Military Lease Area is one of 13 Department of Navy holdings on Guam and Department-leased lands on Tinian and Farallon de Medinilla that are part of Joint Region Marianas (under Commander, Navy Installations Command) (see Naval Base Guam Main Base, above). The Tinian Military Lease Area encompasses 15,347 ac (6,211 ha) of terrestrial lands (plus additional submerged areas) located north of the Tinian International Airport (West Field). The Area is managed by the Navy, although there are no permanent military facilities in the military lease area other than World War II-era structures. Medium- and small-scale training activities occur annually while large-scale training activities occur PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 46445 infrequently, including combat search and rescue, amphibious assault, amphibious raid, personnel insertion and extraction, airfield seizure, and humanitarian assistance/disaster relief operations (Navy 2019, p. 11–3). The area is open to public access and recreational use (e.g., fishing, swimming, camping) except when military training activities may require closures of some or all of the area (Navy 2019, p. 11–1). We identified 9.5 ac (4 ha) of DoD land on the Tinian Military Lease Area that is occupied by green turtles and harbors important green turtle nesting habitat consisting of beach, dune, and coastal vegetation. Natural resources management for sea turtles and their habitat is incorporated into the Joint Region Marianas INRMP (Navy 2019, entire). The Area engages in a variety of general conservation measures to benefit green turtles (e.g., terrestrial habitat management, terrestrial invasive species management, a regional biosecurity plan to reduce the risk of spreading nonnative species) and species-specific conservation measures for green turtles (Navy 2019, pp. 8–47, 8–48, 8–52 through 8–54), including: (1) Monitoring sea turtle nesting at the 18 beaches on Joint Region Marianas leased lands (Unai Chulu, Unai Lam Lam, Unai Babui, Unai Chiget and Unai Masalok, and the 13 separate pocket beaches within Unai Dankulo), and collecting data on sea turtle nesting activity, evidence of poaching, nest depredation, and hatching and emergence success. (Genetic sampling will also be conducted to determine population origins); (2) Protecting nesting female turtles and nests by limiting vehicle access to nesting beaches through placement of concrete barriers at beach access sites to Unai Dankulo, Unai Chulu, Unai Masalok, Unai Babui, and Unai Chiget; (3) Coordinating with local officials on placement of barriers to ensure access to public parking and placing educational signs at beach entrances or parking areas; and (4) Removing marine debris that washes ashore from all sea turtle nesting beaches, with increased frequency as needed where debris accumulates more after storms. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Joint Region Marianas INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under E:\FR\FM\19JYP2.SGM 19JYP2 46446 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 section 4(a)(3) of the Act. We are not including 9.5 ac (4 ha) of habitat in this proposed critical habitat designation because of this exemption. Tyndall Air Force Base, Bay County, FL; North Atlantic DPS; 1,244 ac (503 ha) Tyndall Air Force Base is located on 30,000 ac (12,141 ha) in southeastern Bay County, approximately 13 mi (20 km) east of Panama City, Florida. The installation includes forested areas and beaches that provide a sea-to-land transition area that is vital for military operations including ground-training and airspace activities that are also shared with other Air Force bases and DoD branches. Tyndall’s missions include the 325th Fighter Wing, 325th Operations Group, 325th Maintenance Group, 325th Mission Support Group, and other Major Associate Tenants to include the 53rd Weapons Evaluation Group, Air Force Civil Engineer Center, Airbase Technologies Division, and Detachment 1, 823rd Rapid Engineer Deployable Heavy Operational Repair Squadron Engineers. Tyndall Air Force Base is a base combined of developed and natural areas located on a peninsula that is bisected by U.S. Highway 98. The base is approximately 18 mi (29 km) long and 3 mi (4.8 km) wide, and is surrounded by East Bay, St. Andrew Bay, and the Gulf of Mexico to the north, west, and south, respectively. We identified 1,244 ac (503 ha) of DoD lands within this area that harbor important nesting habitat consisting of beach, dune, and coastal vegetation. These lands are considered occupied by the species and are known to support high-density nesting within the State of Florida’s Northwest management unit, thus providing a natural beach and dune complex important for green turtle nesting activity. The 2020 Tyndall Air Force Base INRMP guides the management and conservation of natural resources under the installation’s control. It provides interdisciplinary strategic guidance for the management of natural resources in support of the military mission within the land and water ranges of the Installation. The Tyndall Air Force Base INRMP integrates and prioritizes wildlife, wildland fire, forest management, and coastal zone and marine resources management activities to protect and effectively manage the Air Force Base’s aquatic and terrestrial environments and ensure ‘‘no net loss’’ in the operational capability of these resources to support the Air Force’s training missions. The 2020 INRMP has a chapter for natural resources program management, VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 including a specific section (Section 15, Tab 3—Threatened and Endangered Species Component Plan) that details management for threatened and endangered species and conservation actions for the green turtle and its habitat. For sea turtles in general, the INRMP focuses on providing protection measures for the species and its habitat as well as monitoring sea turtle nesting activity and protection measures (Tyndall AFB 2020, Section 15 Tab 3, pp. 17–23). The Threatened and Endangered Species Component Plan portion of the INRMP identifies the following management and protective measures to achieve conservation goals for green turtles: (1) Conducting sea turtle monitoring to collect annual nesting activity; (2) Locating and protecting sea turtle nests for military mission avoidance purposes; (3) Conducting nest relocations when nests are laid at or below the high tide line; (4) Implementing predator control; (5) Identifying and determining resolution of beach lighting issues; (6) Enforcing beach driving restrictions; and (7) Restoring and protecting nesting habitat. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Tyndall Air Force Base INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including 1,244 ac (503 ha) of habitat in this proposed critical habitat designation because of this exemption. Eglin Air Force Base, Gulf County, FL; North Atlantic DPS; 1,621 ac (656 ha) Eglin Air Force Base, also known as the Eglin Military Complex, is located in Santa Rosa, Okaloosa, Walton, and Gulf Counties in Northwest Florida and the Gulf, and occupies 464,000 ac (187,774 ha). The Eglin Military Complex includes the mainland Reservation located in Santa Rosa (Santa Rosa Island Range Complex), Okaloosa, and Walton Counties, as well as a small parcel (962 ac (389 ha)) on Cape San Blas in Gulf County, Florida, the latter of which is approximately 3 mi (5 km) of spit shoreline along the Gulf of Mexico that is separated from the mainland by St. Joseph Bay. Eglin Air Force Base is the largest forested military reservation in the United States. It supports a multitude of PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 military testing and training operations, as well as many diverse species and habitats. Eglin’s missions include the 7th Special Forces Group (Airborne), Amphibious Ready Group/Marine Expeditionary Unit, Stand-off Precision Guided Missile, and Massive Ordnance Air Blast. The portion of Eglin Air Force Base where we have identified important nesting habitat for green turtle is on the Santa Rosa Island Range Complex. We identified 1,621 ac (656 ha) of lands within this area that harbor important nesting habitat consisting of beach, dune, and coastal vegetation. These lands are considered occupied by the species and are known to support highdensity nesting within the State of Florida’s Northwest management unit for green turtles, thus providing a natural beach and dune complex important for green turtle nesting habitat. The 2017–22 Eglin Air Force Base INRMP guides the management and conservation of natural resources under the installation’s control. It provides interdisciplinary strategic guidance for the management of natural resources in support of the military mission within the land and water ranges of the Eglin Military Complex. The Eglin Air Force Base INRMP integrates and prioritizes wildlife, fire, and forest management activities to protect and effectively manage the Complex’s aquatic and terrestrial environments and ensure ‘‘no net loss’’ in the operational capability of these resources to support Eglin test and training missions. The 2017–22 INRMP and the more detailed Threatened and Endangered Species Component Plan Update (DoD 2017, appendix E) explains natural resources program management, including a specific section that details management for threatened and endangered species, including conservation actions for the green turtle and its habitat. The INRMP identifies the need to develop and implement programs to protect and conserve federally listed endangered and threatened plants and wildlife and candidate species, including the green turtle. The following management and protective measures to achieve conservation goals for green turtles include: (1) Annually locating, protecting, and evaluating all sea turtle nests on Air Force property at Cape San Blas and Santa Rosa Island Range Complex; (2) Annually relocating all sea turtle nests within A–15 training area to allow for unrestricted diurnal military training; E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (3) Responding to, and investigating, all sea turtle stranding reports on Air Force property; (4) Annually surveying and maintaining public access control measures on Cape San Blas to protect threatened and endangered species habitat and ensuring the long-term sustainability of the Base’s barrier island ecosystem for mission use; (5) Maintaining informational signs at beach access points concerning the protection of sea turtles, shorebirds, beach mice and other unique barrier island natural resources; (6) Exploring options for cost-share partnerships with the adjacent City of Destin and/or Okaloosa County to improve stewardship (including cleanup of recreation access points) of Santa Rosa Island; (7) Managing lighting on all barrier island property to ensure there is no source of disorientation on Air Force managed land, including to keep all light fixtures turtle-friendly, shield all lights such that they are not visible from the beach, and to turn off all unnecessary lights; and (8) Reducing the Base’s overall contribution to urban glow by eliminating unnecessary lights, reducing the wattage of lights, and replacing fixtures with dimmer, more turtlefriendly lights. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that the identified lands are subject to the Eglin Air Force Base INRMP and that conservation efforts identified in the INRMP will provide a benefit to the green turtle. Therefore, lands within this installation are exempt from critical habitat designation under section 4(a)(3) of the Act. We are not including approximately 1,621 ac (656 ha) of habitat in this proposed critical habitat designation because of this exemption. Consideration of Impacts Under Section 4(b)(2) of the Act Section 4(b)(2) of the Act 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. The Secretary may exclude an area from designated critical habitat based on economic impacts, impacts on national security, or any other relevant impacts. Exclusion decisions are governed by the regulations at 50 CFR 424.19 and the Policy Regarding Implementation of Section 4(b)(2) of the Endangered VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Species Act (hereafter, the ‘‘2016 Policy’’; 81 FR 7226, February 11, 2016), both of which were developed jointly with the NMFS. We also refer to a 2008 Department of the Interior Solicitor’s opinion entitled ‘‘The Secretary’s Authority to Exclude Areas from a Critical Habitat Designation under Section 4(b)(2) of the Endangered Species Act’’ (M–37016). In considering whether to exclude a particular area from the designation, we identify the benefits of including the area in the designation, identify the benefits of excluding the area from the designation, and evaluate whether the benefits of exclusion outweigh the benefits of inclusion. If the analysis indicates that the benefits of exclusion outweigh the benefits of inclusion, the Secretary may exercise discretion to exclude the area only if such exclusion would not result in the extinction of the species. In making the determination to exclude a particular area, the statute on its face, as well as the legislative history, are clear that the Secretary has broad discretion regarding which factor(s) to use and how much weight to give to any factor. In our final rules, we explain any decision to exclude areas, as well as decisions not to exclude, to make clear the rational basis for our decision. We describe below the process that we use for taking into consideration each category of impacts and any initial analyses of the relevant impacts. Consideration of Economic Impacts Section 4(b)(2) of the Act and its implementing regulations require that we consider the economic impact that may result from a designation of critical habitat. To assess the probable economic impacts of a designation, we must first evaluate specific land uses or activities and projects that may occur in the area of the critical habitat. We then must evaluate the impacts that a specific critical habitat designation may have on restricting or modifying specific land uses or activities for the benefit of the species and its habitat within the areas proposed. We then identify which conservation efforts may be the result of the species being listed under the Act versus those attributed solely to the designation of critical habitat for this particular species. The probable economic impact of a proposed critical habitat designation is analyzed by comparing scenarios both ‘‘with critical habitat’’ and ‘‘without critical habitat.’’ The ‘‘without critical habitat’’ scenario represents the baseline for the analysis, which includes the existing regulatory and socio-economic burden imposed on landowners, managers, or other resource users potentially affected PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 46447 by the designation of critical habitat (e.g., under the Federal listing as well as other Federal, State, and local regulations). Therefore, the baseline represents the costs of all efforts attributable to the listing of the species under the Act (i.e., conservation of the species and its habitat incurred regardless of whether critical habitat is designated). The ‘‘with critical habitat’’ scenario describes the incremental impacts associated specifically with the designation of critical habitat for the species. The incremental conservation efforts and associated impacts would not be expected without the designation of critical habitat for the species. In other words, the incremental costs are those attributable solely to the designation of critical habitat, above and beyond the baseline costs. These are the costs we use when evaluating the benefits of inclusion and exclusion of particular areas from the final designation of critical habitat should we choose to conduct a discretionary 4(b)(2) exclusion analysis. Executive Orders (E.O.s) 12866 and 13563 direct Federal agencies to assess the costs and benefits of available regulatory alternatives in quantitative (to the extent feasible) and qualitative terms. Consistent with the E.O. regulatory analysis requirements, our effects analysis under the Act may take into consideration impacts to both directly and indirectly affected entities, where practicable and reasonable. If sufficient data are available, we assess to the extent practicable the probable impacts to both directly and indirectly affected entities. Section 3(f) of E.O. 12866 identifies four criteria when a regulation is considered a ‘‘significant regulatory action,’’ and requires additional analysis, review, and approval if met. The criterion relevant here is whether the designation of critical habitat may have an economic effect of $200 million or more in any given year (section 3(f)(1)). Therefore, our consideration of economic impacts uses a screening analysis to assess whether a designation of critical habitat for green turtle is likely to exceed the economically significant threshold. For this particular designation, we developed an incremental effects memorandum (IEM) considering the probable incremental economic impacts that may result from this proposed designation of critical habitat. The information contained in our IEM was then used to develop a screening analysis of the probable effects of the designation of critical habitat for the green turtle’s terrestrial environment (Industrial Economics, Inc. 2023, entire). We began by conducting a E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 46448 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules screening analysis of the proposed designation of critical habitat in order to focus our analysis on the key factors that are likely to result in incremental economic impacts. The purpose of the screening analysis is to filter out particular geographical areas of critical habitat that are already subject to such protections and are, therefore, unlikely to incur incremental economic impacts. In particular, the screening analysis considers baseline costs (i.e., absent critical habitat designation) and includes any probable incremental economic impacts where land and water use may already be subject to conservation plans, land management plans, best management practices, or regulations that protect the habitat area as a result of the Federal listing status of the species. Ultimately, the screening analysis allows us to focus our analysis on evaluating the specific areas or sectors that may incur probable incremental economic impacts as a result of the designation. The presence of the listed species in occupied areas of critical habitat means that any destruction or adverse modification of those areas is also likely to jeopardize the continued existence of the species. Therefore, designating occupied areas as critical habitat typically causes little if any incremental impacts above and beyond the impacts of listing the species. As a result, we generally focus the screening analysis on areas of unoccupied critical habitat (unoccupied units or unoccupied areas within occupied units). Overall, the screening analysis assesses whether designation of critical habitat is likely to result in any additional management or conservation efforts that may incur incremental economic impacts. This screening analysis combined with the information contained in our IEM constitute what we consider to be our draft economic analysis (DEA) of the proposed critical habitat designation for the green turtle’s terrestrial environment; our DEA is summarized in the narrative below. As part of our screening analysis, we considered the types of economic activities that are likely to occur within the areas likely affected by the critical habitat designation. In our evaluation of the probable incremental economic impacts that may result from the proposed designation of critical habitat within the terrestrial environment for the green turtle, first we identified, in the IEM dated September 30, 2022, probable incremental economic impacts associated with the following categories of activities: • Animal and Plant Health Inspection Service: control and management of invasive, harmful, or overabundant VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 species; predator control to benefit target ecosystems or species. • Department of Defense (DoD): operation, maintenance, and upgrades of military property and infrastructure, including training and testing; and unexploded ordnance management. • Federal Emergency Management Agency: alterations to both habitats and developments to increase coastal resiliency and/or to facilitate recovery of human communities following disasters or emergencies (such as coastal storms). Emergency consultation may also be conducted during or shortly after a disaster, for example, to stage emergency response equipment in green turtle habitat, to transit through habitat as part of the emergency response, or retrieve orphaned vessels, containers, or other items from habitat. • Federal Energy Regulatory Commission: non-Federal activities that require Federal authorization, such as liquefied natural gas facilities and associated pipeline infrastructure. • Federal Highway Administration: transportation infrastructure maintenance and upgrades. • Federal Aviation Administration: operation, management, and upgrades of airports and air traffic control systems. • National Aeronautics and Space Administration: rocket and drone launches; drone and aircraft flights; recreational beach uses (e.g., swimming, sunbathing, and off-road vehicles); beach renourishment and seawall repair; protected species management; facility maintenance and construction, and educational use. • National Park Service: infrastructure maintenance or upgrades, habitat or species management, research, and changes to visitor use policies or regulations. • U.S. Army Corps of Engineers (Corps): federally funded coastal engineering, such as beach nourishment, dredging, shoreline stabilization, and habitat restoration; non-Federal activities that require Federal permits, such as coastal engineering, coastal development (e.g., residential, commercial, recreational infrastructure), transportation infrastructure (e.g., docks, piers, ports, roads, rail lines), utility and energy infrastructure, habitat restoration, habitat and species management (e.g., mosquito control), and aquaculture. • U.S. Coast Guard: response actions associated with cleanup of hazardous substances in the coastal and marine environments; authorization of fireworks displays. • U.S. Fish and Wildlife Service (USFWS), National Wildlife Refuges (NWR): land acquisition, infrastructure PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 maintenance or upgrades, habitat or species management, research, and changes to visitor use policies or regulations. We considered each industry or category individually. Additionally, we considered whether their activities have any Federal involvement. Critical habitat designation generally will not affect activities that do not have any Federal involvement; under the Act, designation of critical habitat only affects activities conducted, funded, permitted, or authorized by Federal agencies. In areas where the green turtle is present, Federal agencies would be required to consult with the USFWS under section 7 of the Act on activities they fund, permit, or implement that may affect the species. If we finalize this proposed critical habitat designation, Federal agencies would be required to consider the effects of their actions on the designated habitat, and if the Federal action may affect critical habitat, our consultations would include an evaluation of measures to avoid the destruction or adverse modification of critical habitat. In our IEM, we attempted to clarify the distinction between the effects that would result from the species being listed and those attributable to the critical habitat designation (i.e., difference between the jeopardy and adverse modification standards) for the green turtle’s critical habitat. The following specific circumstances help to inform our evaluation: (1) The essential PBFs identified for critical habitat are the same features essential for the life requisites of the species, and (2) any actions that would likely adversely affect the essential PBFs of occupied critical habitat are also likely to adversely affect the species itself. The IEM outlines our rationale concerning this limited distinction between baseline conservation efforts and incremental impacts of the designation of critical habitat for this species. This evaluation of the incremental effects has been used as the basis to evaluate the probable incremental economic impacts of this proposed designation of critical habitat. The proposed critical habitat designation within the terrestrial environment for the green turtle includes 101 proposed critical habitat units, totaling approximately 8,870 ac (3,590 ha), all of which were occupied by the green turtle at the time of listing, and are currently occupied. Accordingly, because all units are occupied, the economic costs of critical habitat within the terrestrial environment for the five DPSs of green turtle will most likely be limited to E:\FR\FM\19JYP2.SGM 19JYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules additional administrative effort to consider adverse modification of green sea turtle habitat during section 7 consultations, though additional consultations and project modifications are possible. This finding is based on the following (Industrial Economics, Inc. 2023, pp. 3, 20): (1) Projects with a Federal nexus are anticipated to be subject to section 7 consultation regardless of whether critical habitat is designated because the units are occupied, although some new consultations are possible, particularly in the remote areas of the designation where the species presence may not have previously been known; (2) Critical habitat designation could, but is unlikely to in most cases, change the Service’s recommendations for project modifications as part of future consultations considering the green turtle; (3) State, territory, or commonwealth laws protecting sea turtles and requiring certain types of sand for beach nourishment projects provide additional baseline protection to the green turtle, including locations where it is only seasonally or sporadically present; and (4) The presence of other listed species with similar habitat requirements and existing critical habitat provides additional baseline protection. Total overlap with existing critical habitat is 5,619 ac (2,274 ha), including 375 ac (152 ha) across 31 units in the Central North Pacific DPS, 25 ac (10 ha) across 23 units in the Central West Pacific DPS, 4,849 ac (1,962 ha) across 33 units in the North Atlantic DPS, and 31 ac (12 ha) across 8 units in the South Atlantic DPS. There is no overlap of existing critical habitat in the Central South Pacific DPS. Based on consultation history for the green turtle, the number of future consultation actions, including technical assistances, is likely to be approximately 119 per year on average (approximately 17 formal consultations, 41 informal consultations, and 61 technical assistance efforts) across the five DPSs. The additional administrative cost of addressing adverse modification in these consultations is likely to be less than $220,000 per year (2022 dollars) on average, comprising approximately $92,000 for formal consultations, $110,000 for informal consultations, and $25,000 for technical assistances (Industrial Economics, Inc. 2023, p. 21 and Exhibit 8). The largest concentration of incremental consultation costs may accrue in the North Atlantic DPS (54 percent), followed by the Central North Pacific DPS (38 percent), the Central West Pacific DPS (5 percent), the South VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Atlantic DPS (3 percent), and the Central South Pacific DPS (less than 1 percent). Cost estimates assume that consultations would occur even in the absence of critical habitat due to the presence of the listed species, and the amount of administrative effort to address critical habitat during this process is relatively minor (Industrial Economics, Inc. 2023, p. 21). Additionally, the designation is not expected to trigger additional requirements under State, Territory, Commonwealth, or other local government regulations; however, it may cause developers or landowners to perceive that private lands will be subject to use restrictions or litigation from third parties, resulting in costs (Industrial Economics Inc. 2023, pp. 3, 22–23). While perceptional effects on land values are possible, the likelihood and magnitude of such effects are uncertain, and data limitations also prevent the quantification of the possible incremental reduction in property values (Industrial Economics, Inc. 2023, pp. 3, 23). We are soliciting data and comments from the public on the DEA discussed above, as well as any other public comments on the proposed rule (see Information Requested, above). During the development of a final designation, we will consider the information presented in the DEA and any additional information on economic impacts we receive during the public comment period to determine whether any specific areas should be excluded from the final critical habitat designation under authority of section 4(b)(2), our implementing regulations at 50 CFR 424.19, and the 2016 Policy. We may exclude an area from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area, provided the exclusion will not result in the extinction of this species. Consideration of National Security Impacts or Homeland Security Impacts Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or areas that pose potential national-security concerns (e.g., a DoD installation that is in the process of revising its INRMP for a newly listed species or a species previously not covered). If a particular area is not covered under section 4(a)(3)(B)(i), then national-security or homeland-security concerns are not a factor in the process of determining what areas meet the definition of ‘‘critical habitat.’’ However, the USFWS must still consider impacts on national security, including homeland security, on those lands or areas not covered by PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 46449 section 4(a)(3)(B)(i) because section 4(b)(2) requires the USFWS to consider those impacts whenever it designates critical habitat. Accordingly, if DoD, Department of Homeland Security (DHS), or another Federal agency has requested exclusion based on an assertion of national-security or homeland-security concerns, or we have otherwise identified national-security or homeland-security impacts from designating particular areas as critical habitat, we generally have reason to consider excluding those areas. However, we cannot automatically exclude requested areas. When DoD, DHS, or another Federal agency requests exclusion from critical habitat on the basis of national-security or homelandsecurity impacts, we must conduct an exclusion analysis if the Federal requester provides information, including a reasonably specific justification of an incremental impact on national security that would result from the designation of that specific area as critical habitat. That justification could include demonstration of probable impacts, such as impacts to ongoing border-security patrols and surveillance activities, or a delay in training or facility construction, as a result of compliance with section 7(a)(2) of the Act. If the agency requesting the exclusion does not provide us with a reasonably specific justification, we will contact the agency to recommend that it provide a specific justification or clarification of its concerns relative to the probable incremental impact that could result from the designation. If we conduct an exclusion analysis because the agency provides a reasonably specific justification or because we decide to exercise the discretion to conduct an exclusion analysis, we will defer to the expert judgment of DoD, DHS, or another Federal agency as to: (1) Whether activities on its lands or waters, or its activities on other lands or waters, have national-security or homeland-security implications; (2) the importance of those implications; and (3) the degree to which the cited implications would be adversely affected in the absence of an exclusion. In that circumstance, in conducting a discretionary section 4(b)(2) exclusion analysis, we will give great weight to national-security and homeland-security concerns in analyzing the benefits of exclusion. Under section 4(b)(2) of the Act, we also consider whether a national security or homeland security impact might exist on lands owned or managed by DoD or DHS. In preparing this proposal, we have determined that, other than the land exempted under E:\FR\FM\19JYP2.SGM 19JYP2 46450 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 section 4(a)(3)(B)(i) of the Act based upon the existence of an approved INRMP (see Exemptions, above), the lands within the proposed designation of critical habitat within the terrestrial environment for the green turtle are not owned or managed by DoD or DHS. Therefore, we anticipate no impacts on national security or homeland security. Consideration of Other Relevant Impacts Under section 4(b)(2) of the Act, we consider any other relevant impacts, in addition to economic impacts and impacts on national security discussed above. To identify other relevant impacts that may affect the exclusion analysis, we consider a number of factors, including whether there are permitted conservation plans covering the species in the area—such as HCPs, safe harbor agreements, or candidate conservation agreements with assurances—or whether there are nonpermitted conservation agreements and partnerships that may be impaired by designation of, or exclusion from, critical habitat. In addition, we look at whether Tribal conservation plans or partnerships, Tribal resources, or government-to-government relationships of the United States with Tribal entities may be affected by the designation. We also consider any State, local, social, or other impacts that might occur because of the designation. When analyzing other relevant impacts of including a particular area in a designation of critical habitat, we weigh those impacts relative to the conservation value of the particular area. To determine the conservation value of designating a particular area, we consider a number of factors, including, but not limited to, the additional regulatory benefits that the area would receive due to the protection from destruction or adverse modification as a result of actions with a Federal nexus, the educational benefits of mapping essential habitat for recovery of the listed species, and any benefits that may result from a designation due to State or Federal laws that may apply to critical habitat. In the case of green turtles, the benefits of critical habitat include public awareness of the presence of green turtles and the importance of habitat protection, and, where a Federal nexus exists, increased habitat protection for green turtles due to protection from destruction or adverse modification of critical habitat. Continued implementation of an ongoing management plan that provides conservation equal to or more than the protections that result from a critical VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 habitat designation would reduce those benefits of including that specific area in the critical habitat designation. After identifying the benefits of inclusion and the benefits of exclusion, we carefully weigh the two sides to evaluate whether the benefits of exclusion outweigh those of inclusion. If our analysis indicates that the benefits of exclusion outweigh the benefits of inclusion, we then determine whether exclusion would result in extinction of the species. If exclusion of an area from critical habitat will result in extinction, we will not exclude it from the designation. Private or Other Non-Federal Conservation Plans Related to Permits Under Section 10 of the Act HCPs for incidental take permits under section 10(a)(1)(B) of the Act provide for partnerships with nonFederal entities to minimize and mitigate impacts to listed species and their habitat. In some cases, HCP permittees agree to do more for the conservation of the species and their habitats on private lands than designation of critical habitat would provide alone. We place great value on the partnerships that are developed during the preparation and implementation of HCPs. When we undertake a discretionary section 4(b)(2) exclusion analysis based on permitted conservation plans (such as HCPs), we anticipate consistently excluding such areas if incidental take caused by the activities in those areas is covered by the permit under section 10 of the Act and the HCP meets all of the following three factors (see the 2016 Policy for additional details): (a) The permittee is properly implementing the HCP and is expected to continue to do so for the term of the agreement. An HCP is properly implemented if the permittee is and has been fully implementing the commitments and provisions in the HCP, implementing agreement, and permit. (b) The species for which critical habitat is being designated is a covered species in the HCP, or very similar in its habitat requirements to a covered species. The recognition that the USFWS extends to such an agreement depends on the degree to which the conservation measures undertaken in the HCP would also protect the habitat features of the similar species. (c) The HCP specifically addresses that species’ habitat and meets the conservation needs of the species in the planning area. The proposed critical habitat designation in the terrestrial PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 environment includes areas that are covered by the following permitted plan providing for the conservation of green turtles: the Indian River HCP. Indian River County Habitat Conservation Plan (HCP) In preparing this proposal, we have determined that 139 ac (56 ha) of lands associated with the Indian River County HCP from Sebastian Inlet to Indian River Shores (Unit FL–04) are included within the terrestrial environment for green turtle proposed critical habitat. This HCP specifically addresses the protection of sea turtles on the Indian River County’s eroding beaches. As discussed in the Unit FL–04 description above, activities on the sandy beach and dune lands (i.e., covered lands that are not part of the adjacent Archie Carr NWR and Sebastian Inlet State Park that also occur within this unit) include a variety of recreational activities (e.g., swimming, walking, fishing) and residential development (beachfront properties). The HCP describes measures that will be undertaken to minimize impacts to sea turtles during emergency shoreline protection projects and implements a series of conservation programs to offset unavoidable take. The primary goal of the HCP is to allow Indian River County to continue to assist its citizens in responding to emergency shoreline conditions following severe storm events. Implementation of the programs and policies contained in the HCP will allow the County to engage in these activities in a manner and extent compatible with the protection of sea turtles. Detailed minimization measures are described in chapter 9 (Ecological Associates, Inc. 2017, pp. 95–110). The biological goal of the Indian River County HCP is to increase the productivity of the County’s beaches as sea turtle nesting habitat (Ecological Associates, Inc. 2017, p. 119). This measure addresses the physical and biological features essential to the conservation of green turtles, including protecting and restoring extra-tidal and dry sandy beaches where green turtle nesting occurs (PBF 1), ensuring sufficient darkness through a lighting ordinance so adult females are not deterred from emerging onto beaches and both hatchlings and females can orient to the sea (PBF 2), and protecting the natural coastal processes or artificially created or maintained habitat that mimics natural conditions (PBF 4) (Ecological Associates, Inc. 2017, entire). The HCP includes multiple activities in support of the biological goal (Ecological Associates, Inc. 2017, p. 119), such as (but not limited to): E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 conducting nesting surveys, conducting predator control, and permitting/ regulating emergency shoreline protection projects to minimize impacts to sea turtles. The HCP also includes mitigated unavoidable take through acquisition of coastal property and a predator control program that provides quantifiable benefits to sea turtles in excess of the amount of take likely to occur from shoreline protection measures initiated under the County’s emergency authorization (Ecological Associates, Inc. 2017, p. 10). The HCP continues to be implemented, to include our receipt of annual reports with updated green turtle information (e.g., nesting success, nest fates, threats). This HCP is currently permitted with a 30year incidental take permit until December 1, 2034. Summary of Exclusions Considered Under 4(b)(2) of the Act We have reason to consider excluding the following area under section 4(b)(2) of the Act from the final critical habitat designation for green turtles in the North Atlantic DPS: Unit FL–04 (Sebastian Inlet to Indian River Shores). Approximately 139 ac (56 ha) meet the definition of critical habitat, but we are considering possible exclusion of this area from the final critical habitat designation based on implementation of beneficial conservation measures afforded to green turtle and its habitat via the formalized Indian River County HCP. In conclusion, for this proposed rule, we have reason to consider excluding the area identified above from the final designation based on other relevant impacts. We specifically solicit comments on the inclusion or exclusion of this area. We also solicit comments on whether there are potential economic, national security, or other relevant impacts from designating any other particular areas as critical habitat within any of the five DPSs; for additional comments requested on this proposed rule, please see Information Requested, above. As part of developing the final designation of critical habitat, we will evaluate the information we receive regarding potential impacts from designating the area described above or any other particular areas, and we may conduct a discretionary exclusion analysis to determine whether to exclude those areas under authority of section 4(b)(2) and our implementing regulations at 50 CFR 424.19. If we receive a request for exclusion of a particular area and after evaluation of supporting information we do not exclude, we will fully describe our decision in the final rule for this action. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Required Determinations Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (1) Be logically organized; (2) Use the active voice to address readers directly; (3) Use clear language rather than jargon; (4) Be divided into short sections and sentences; and (5) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is significant. Executive Order (E.O.) 14094 reaffirms the principles of E.O. 12866 and E.O 13563 and states that regulatory analysis should facilitate agency efforts to develop regulations that serve the public interest, advance statutory objectives, and are consistent with E.O. 12866, E.O. 13563, and the Presidential Memorandum of January 20, 2021 (Modernizing Regulatory Review). Regulatory analysis, as practicable and appropriate, shall recognize distributive impacts and equity, to the extent permitted by law. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this proposed rule in a manner consistent with these requirements. Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 46451 publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. The SBREFA amended the RFA to require Federal agencies to provide a certification statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. According to the Small Business Administration, small entities include small organizations such as independent nonprofit organizations; small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents; and small businesses (13 CFR 121.201). Small businesses include manufacturing and mining concerns with fewer than 500 employees, wholesale trade entities with fewer than 100 employees, retail and service businesses with less than $5 million in annual sales, general and heavy construction businesses with less than $27.5 million in annual business, special trade contractors doing less than $11.5 million in annual business, and agricultural businesses with annual sales less than $750,000. To determine whether potential economic impacts to these small entities are significant, we considered the types of activities that might trigger regulatory impacts under this designation as well as types of project modifications that may result. In general, the term ‘‘significant economic impact’’ is meant to apply to a typical small business firm’s business operations. Under the RFA, as amended, and as understood in light of recent court decisions, Federal agencies are required to evaluate the potential incremental impacts of rulemaking on those entities directly regulated by the rulemaking itself; in other words, the RFA does not require agencies to evaluate the potential impacts to indirectly regulated entities. The regulatory mechanism through which critical habitat protections are realized is section 7 of the Act, which requires Federal agencies, in consultation with the USFWS, to ensure that any action authorized, funded, or carried out by the agency is not likely to destroy or adversely modify critical habitat. Therefore, under section 7, only Federal action agencies are directly subject to E:\FR\FM\19JYP2.SGM 19JYP2 46452 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules the specific regulatory requirement (avoiding destruction and adverse modification) imposed by critical habitat designation. Consequently, it is our position that only Federal action agencies would be directly regulated if we adopt the proposed critical habitat designation. The RFA does not require evaluation of the potential impacts to entities not directly regulated. Moreover, Federal agencies are not small entities. Therefore, because no small entities would be directly regulated by this rulemaking, the USFWS certifies that, if made final as proposed, the proposed critical habitat designation will not have a significant economic impact on a substantial number of small entities. In summary, we have considered whether the proposed designation would result in a significant economic impact on a substantial number of small entities. For the above reasons and based on currently available information, we certify that, if made final, the proposed critical habitat designation will not have a significant economic impact on a substantial number of small business entities. Therefore, an initial regulatory flexibility analysis is not required. ddrumheller on DSK120RN23PROD with PROPOSALS2 Energy Supply, Distribution, or Use— Executive Order 13211 Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) requires agencies to prepare statements of energy effects when undertaking certain actions. In our draft economic analysis, we did not find that the designation of this proposed critical habitat for the green turtle in the terrestrial environment would significantly affect energy supplies, distribution, or use. Renewable energy activities have been known to occur within one unit in the Central North Pacific DPS (Industrial Economics Inc. 2023, Appendix B). This activity is one that we consult on with Federal agencies under section 7 of the Act. As discussed in the DEA, the costs associated with consultations related to occupied critical habitat would be largely administrative in nature and are not anticipated to reach $200 million in any given year based on the anticipated annual number of consultations and associated consultation costs, which are not expected to exceed $220,000 per year (2022 dollars) (Industrial Economics Inc. 2023, pp. 3, 20, 23). Therefore, this action is not a significant energy action, and no statement of energy effects is required. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), we make the following finding: (1) This proposed rule would not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute, or regulation that would impose an enforceable duty upon State, local, or Tribal governments, or the private sector, and includes both ‘‘Federal intergovernmental mandates’’ and ‘‘Federal private sector mandates.’’ These terms are defined in 2 U.S.C. 658(5)–(7). ‘‘Federal intergovernmental mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon State, local, or Tribal governments’’ with two exceptions. It excludes ‘‘a condition of Federal assistance.’’ It also excludes ‘‘a duty arising from participation in a voluntary Federal program,’’ unless the regulation ‘‘relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and Tribal governments under entitlement authority,’’ if the provision would ‘‘increase the stringency of conditions of assistance’’ or ‘‘place caps upon, or otherwise decrease, the Federal Government’s responsibility to provide funding,’’ and the State, local, or Tribal governments ‘‘lack authority’’ to adjust accordingly. At the time of enactment, these entitlement programs were: Medicaid; Aid to Families with Dependent Children work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement. ‘‘Federal private sector mandate’’ includes a regulation that ‘‘would impose an enforceable duty upon the private sector, except (i) a condition of Federal assistance or (ii) a duty arising from participation in a voluntary Federal program.’’ The designation of critical habitat does not impose a legally binding duty on non-Federal Government entities or private parties. Under the Act, the only regulatory effect is that Federal agencies must ensure that their actions are not likely to destroy or adversely modify critical habitat under section 7. While non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 critical habitat rests squarely on the Federal agency. Furthermore, to the extent that non-Federal entities are indirectly impacted because they receive Federal assistance or participate in a voluntary Federal aid program, the Unfunded Mandates Reform Act would not apply, nor would critical habitat shift the costs of the large entitlement programs listed above onto State governments. (2) We do not believe that this rule would significantly or uniquely affect small governments because it is not anticipated to reach a Federal mandate of $200 million in any given year; that is, it is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. The designation of critical habitat imposes no obligations on State or local governments. By definition, Federal agencies are not considered small entities, although the activities they fund or permit may be proposed or carried out by small entities. Consequently, we do not believe that the proposed critical habitat designation would significantly or uniquely affect small government entities. Therefore, a small government agency plan is not required. Takings—Executive Order 12630 In accordance with E.O. 12630 (Government Actions and Interference with Constitutionally Protected Private Property Rights), we have analyzed the potential takings implications of designating critical habitat for the green turtle within the Central North Pacific DPS, Central South Pacific DPS, Central West Pacific DPS, North Atlantic DPS, and South Atlantic DPS in a takings implications assessment. The Act does not authorize the USFWS to regulate private actions on private lands or confiscate private property as a result of critical habitat designation. Designation of critical habitat does not affect land ownership, or establish any closures, or restrictions on use of or access to the designated areas. Furthermore, the designation of critical habitat does not affect landowner actions that do not require Federal funding or permits, nor does it preclude development of habitat conservation programs or issuance of incidental take permits to permit actions that do require Federal funding or permits to go forward. However, Federal agencies are prohibited from carrying out, funding, or authorizing actions that would destroy or adversely modify critical habitat. A takings implications assessment has been completed for the proposed designation of critical habitat for the green turtle (including all five DPSs addressed in this proposed rule), and it concludes that, if adopted, this E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 proposed designation of critical habitat would not pose significant takings implications for lands within or affected by the designation. Federalism—Executive Order 13132 In accordance with E.O. 13132 (Federalism), this proposed rule does not have significant federalism effects. A federalism summary impact statement is not required. In keeping with Department of the Interior and Department of Commerce policy, we requested information from, and coordinated development of this proposed critical habitat designation with, appropriate State resource agencies. From a federalism perspective, the designation of critical habitat directly affects only the responsibilities of Federal agencies. The Act imposes no other duties with respect to critical habitat, either for States and local governments, or for anyone else. As a result, the proposed rule does not have substantial direct effects either on the States, or on the relationship between the Federal government and the States, or on the distribution of powers and responsibilities among the various levels of government. The proposed designation may have some benefit to these governments because the areas that contain the features essential to the conservation of the species are more clearly defined, and the PBFs of the habitat necessary for the conservation of the species are specifically identified. This information does not alter where and what federally sponsored activities may occur. However, it may assist State and local governments in long-range planning because they no longer have to wait for case-by-case section 7 consultations to occur. Where State and local governments require approval or authorization from a Federal agency for actions that may affect critical habitat, consultation under section 7(a)(2) of the Act would be required. While non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Civil Justice Reform—Executive Order 12988 In accordance with E.O. 12988 (Civil Justice Reform), the Office of the Solicitor has determined that the rule would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of the Order. We have proposed designating critical habitat in accordance with the provisions of the Act. To assist the public in understanding the habitat needs of the species, this proposed rule identifies the PBFs essential to the conservation of the species. The proposed areas of critical habitat are presented on maps, and the proposed rule provides several options for the interested public to obtain more detailed location information, if desired. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain information collection requirements, and a submission to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act (42 U.S.C. 4321 et seq.) It is our position that, outside the jurisdiction of the U.S. Court of Appeals for the Tenth Circuit, we do not need to prepare environmental analyses pursuant to the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating critical habitat under the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). This position was upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)). Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994 (Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951), E.O. 13175 (Consultation and Coordination with Indian Tribal Governments), and the Department of the Interior’s manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with federally recognized Tribes on a government-to-government basis. In accordance with Secretary’s Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act), we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that Tribal lands are not PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 46453 subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes. We have determined that no Tribal lands fall within the boundaries of the proposed critical habitat for the green turtle (although we note that the Seminole Tribe of Florida has expressed interest in staying informed about this proposed critical habitat designation; we have and will continue to coordinate with them), so no Tribal lands would be affected by the proposed designation. References Cited A complete list of references cited in this proposed rule is available on the internet at https://www.regulations.gov and upon request from the Florida Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Authors The primary authors of this proposed rule are the staff members of the Fish and Wildlife Service’s Species Assessment Team, the Florida Ecological Services Field Office, the Caribbean Ecological Services Field Office, and the Pacific Islands Fish and Wildlife Office. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Plants, Reporting and recordkeeping requirements, Transportation, Wildlife. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS 1. The authority citation for part 17 continues to read as follows: ■ Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise noted. 2. In § 17.11, amend paragraph (h) in the List of Endangered and Threatened Wildlife under REPTILES by revising the entries for ‘‘Sea turtle, green [Central North Pacific DPS]’’, ‘‘Sea turtle, green [Central South Pacific DPS]’’, ‘‘Sea turtle, green [Central West Pacific DPS]’’, ‘‘Sea turtle, green [North Atlantic DPS]’’, and ‘‘Sea turtle, green [South Atlantic DPS]’’ to read as follows: ■ § 17.11 Endangered and threatened wildlife. * * * (h) * * * E:\FR\FM\19JYP2.SGM 19JYP2 * * 46454 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Common name Scientific name * Where listed * * Status * * Listing citations and applicable rules * * REPTILES * Sea turtle, green [Central North Pacific DPS]. Sea turtle, green [Central South Pacific DPS]. Sea turtle, green [Central West Pacific DPS]. * * * * Chelonia mydas ................... Green sea turtles originating from the Central North Pacific Ocean, bounded by the following coordinates: 41° N, 169° E in the northwest; 41° N, 143° W in the northeast; 9° N, 125° W in the southeast; and 9° N, 175° W in the southwest. Chelonia mydas ................... Green sea turtles originating from the Central South Pacific Ocean, bounded by the following coordinates: 9° N, 175° W in the northwest; 9° N, 125° W in the northeast; 40° S, 96° W in the southeast; 40° S, 176° E in the southwest; and 13° S, 171° E in the west. Chelonia mydas ................... Green sea turtles originating from the Central West Pacific Ocean, bounded by the following coordinates: 41° N, 146° E in the northwest; 41° N, 169° E in the northeast; 9° N, 175° W in the east; 13° S, 171° E in the southeast; along the northern coast of the island of New Guinea; and 4.5° N, 129° E in the west. * Sea turtle, green [North Atlantic DPS]. * * * * Chelonia mydas ................... Green sea turtles originating from the North Atlantic Ocean, bounded by the following lines and coordinates: 48° N Lat. in the north, along the western coasts of Europe and Africa (west of 5.5° W. Long.); north of 19° N Lat. in the east; bounded by 19° N, 65.1° W to 14° N, 65.1° W then 14° N, 77° W in the south and west; and along the eastern coasts of the Americas (north of 7.5° N, 77° W). * Sea turtle, green [South Atlantic DPS]. * * * * Chelonia mydas ................... Green sea turtles originating from the South Atlantic Ocean, bounded by the following lines and coordinates: along the northern and eastern coasts of South America (east of 7.5° N, 77° W); 14° N, 77° W to 14° N, 65.1° W to 19° N, 65.1° W in the north and west; 19° N Lat. in the northeast; 40° S, 19° E in the southeast; and 40° S Lat. in the south. * * 3. In § 17.95, amend paragraph (c) by adding: ■ a. An entry for ‘‘Green Sea Turtle (Chelonia mydas), Central North Pacific DPS’’ after the entry for ‘‘Desert Tortoise—Mojave Population (Gopherus agassizii)’’; ■ b. An entry for ‘‘Green Sea Turtle (Chelonia mydas), Central South Pacific DPS’’ after the new entry for ‘‘Green Sea Turtle (Chelonia mydas), Central North Pacific DPS’’; ■ c. An entry for ‘‘Green Sea Turtle (Chelonia mydas), Central West Pacific DPS’’ after the new entry for ‘‘Green Sea Turtle (Chelonia mydas), Central South Pacific DPS’’; ■ d. An entry for ‘‘Green Sea Turtle (Chelonia mydas), North Atlantic DPS’’ after the new entry for ‘‘Green Sea Turtle (Chelonia mydas), Central West Pacific DPS’’; and ■ ddrumheller on DSK120RN23PROD with PROPOSALS2 * VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 * e. An entry for ‘‘Green Sea Turtle (Chelonia mydas), South Atlantic DPS’’ after the new entry for ‘‘Green Sea Turtle (Chelonia mydas), North Atlantic DPS’’. The additions read as follows: Critical habitat—fish and wildlife. * * * (c) Reptiles. * * * * * * * Green Sea Turtle (Chelonia mydas), Central North Pacific DPS (1) Within the Central North Pacific distinct population segment (DPS) of the green sea turtle, critical habitat units are depicted for Hawaii, Honolulu, Kauai, and Maui Counties in the State of Hawaii on the maps in this entry. (2) Within these areas, the physical or biological features essential to the PO 00000 Frm 00080 Fmt 4701 E E T T * ■ § 17.95 T Sfmt 4702 * 81 50 50 50 50 50 81 50 50 * FR 20058, 4/6/2016;J CFR 17.42(b);4d CFR 223.205; CFR 223.206; CFR 223.207; CFR 17.95(c).CH FR 20058, 4/6/2016;J CFR 224.104; CFR 17.95(c).CH 81 FR 20058, 4/6/2016;J 50 CFR 224.104; 50 CFR 17.95(c).CH * 81 50 50 50 50 50 * FR 20058, 4/6/2016;J CFR 17.42(b);4d CFR 223.205; CFR 223.206; CFR 223.207; CFR 17.95(c).CH * * 81 FR 20058, 4/6/2016;J 50 CFR 17.42(b);4d 50 CFR 223.205; 50 CFR 223.206; 50 CFR 223.207; 50 CFR 17.95(c).CH * * conservation of green sea turtle consist of the following components: (i) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics set forth in paragraphs (2)(i) through (iv) of this entry. These beaches include: (A) Habitat for green turtles to transit across beaches and for nest placement that includes: (1) Relatively unimpeded wet and dry sand or nearshore access areas from the ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings; and (2) Drier sand areas located above mean high water in the supralittoral E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 zone to avoid being inundated frequently by high tides. (B) Sand substrate that: (1) Allows for suitable nest construction; (2) Is suitable for facilitating gas diffusion conducive to embryo development; (3) Can develop and maintain temperatures and a moisture content conducive to embryo development; and (4) Allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface. (ii) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and postnesting females can orient to the sea. (iii) Natural coastal processes or artificially created or maintained habitat mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in paragraphs (2)(i) and (ii) of this entry for beach access, nest site selection, nest construction, egg deposition and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 incubation, and hatchling emergence and movement to the sea. (iv) Within the range of the Central North Pacific DPS, basking habitat that includes access to natural and artificial coastlines with gradually sloping beaches (sandy, corally, or gravel substrate), emergent sandy lands, sand spits, low shelving reef rocks, as well as relatively unimpeded nearshore access from the ocean to the beach. (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads and other paved areas, abandoned military structures, and hardened shorelines) and the land on which they are located existing within the legal boundaries on the effective date of the final rule. (4) Data layers defining map units were created using green sea turtle survey and distribution data provided by multiple local and regional sources as available (e.g., reports, databases, and species expert knowledge) and as maintained by the National Oceanic and Atmospheric Administration’s Pacific Fisheries Science Center, universities, PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 46455 local governments, and nonprofit organizations across the main Hawaiian Islands. Landforms were primarily delineated based on the most current available aerial maps. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the terrestrial critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the USFWS’s internet site at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS–R4–ES–2022–0164, and at the two field offices responsible for this designation. You may obtain field office location information by contacting one of the USFWS regional offices, the addresses of which are listed at 50 CFR 2.2. (5) Three index maps follow: BILLING CODE 4333–15–P Figure 1 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (5) E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Figure 2 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (5) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.049</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46456 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46457 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.050</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 3 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (5) Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (6) Unit HI–01: Kure Atoll, Northwestern Hawaiian Islands, Honolulu County, Hawaii. (i) Unit HI–01 consists of 106 acres (ac) (43 hectares (ha)) on Kure Atoll (also known as (a.k.a.) Holaniku or Mokupapapa), the northernmost island in the Hawaiian archipelago. This unit VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 is located approximately 57 to 60 miles (mi) (92 to 96 kilometers (km)) northwest of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the mean high water line (MHWL) to the line indicating the beginning of dense PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 vegetation. This unit includes two segments, one on Kure Sand Island and the second on Green Island. All lands within this unit are in State ownership. (ii) Map of Unit HI–01 follows: Figure 4 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (6)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.051</GPH> 46458 (7) Unit HI–02: Midway Islands, Northwestern Hawaiian Islands, Hawaii. (i) Unit HI–02 consists of 88 ac (35 ha) on Midway Islands (a.k.a. Kuaihelani or Pihemanu), part of the United States Minor Outlying Islands, the second northernmost island in the Hawaiian archipelago. This unit is located approximately 57 to 60 mi (92 to 96 km) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 east of Kure Atoll (a.k.a. Holaniku or Mokupapapa) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit includes one segment along the northeastern shore of Sand Island, and another PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 46459 segment on Spit and Eastern Islands. All lands within this unit are in Federal ownership. (ii) Map of Unit HI–02 follows: Figure 5 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (7)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.052</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (8) Unit HI–03: Pearl and Hermes Atoll, Honolulu County, Hawaii. (i) Unit HI–03 consists of 207 ac (84 ha) on Pearl and Hermes Atoll (a.k.a. Manawai or Holoikauaua), the third northernmost island in the Hawaiian archipelago. This unit is located approximately 97 mi (156 km) southeast VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of Midway Islands (a.k.a. Kuaihelani or Pihemanu), and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation. This unit includes seven segments: one each on North Island, Little North Island, Southeast Island, PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 Bird Island, and Kittery Island (a.k.a. Seal Kittery Island), and two on Green Island. All lands within this unit are in Federal ownership. (ii) Map of Unit HI–03 follows: Figure 6 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (8)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.053</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46460 (9) Unit HI–04: Lisianski Island, Honolulu County, Hawaii. (i) Unit HI–04 consists of 295 ac (119 ha) on Lisianski Island (a.k.a. Kapou or Papaapoho), the fourth northernmost island in the Hawaiian archipelago. This island unit is located approximately 256 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 mi (412 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu), and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation. All PO 00000 Frm 00087 Fmt 4701 Sfmt 4702 46461 lands within this unit are in Federal ownership. (ii) Map of Unit HI–04 follows: Figure 7 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (9)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.054</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (10) Unit HI–05: Laysan Island, Honolulu County, Hawaii. (i) Unit HI–05 consists of 171 ac (69 ha) on Laysan Island (a.k.a. Kamole or Kauo), the fifth northernmost island in the Hawaiian archipelago. This island unit is located approximately 386 mi VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (621 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation. All PO 00000 Frm 00088 Fmt 4701 Sfmt 4702 lands within this unit are in Federal ownership. (ii) Map of Unit HI–05 follows: Figure 8 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (10)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.055</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46462 (11) Unit HI–06: French Frigate Shoals, Honolulu County, Hawaii. (i) Unit HI–06 consists of 95 ac (38 ha) in French Frigate Shoals (a.k.a. Lalo or Kanemilohai), the sixth northernmost island in the Hawaiian archipelago. This unit is located approximately 557 to 761 mi (896 to 1,226 km) southeast of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Midway Islands (a.k.a. Kuaihelani or Pihemanu), and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit includes seven segments on Shark Island, Tern Island, PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 46463 Trig Island, Round Island, East Island, Little Gin Island, and Gin Island. All lands within this unit are in Federal ownership. (ii) Map of Unit HI–06 follows: Figure 9 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (11)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.056</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (12) Unit HI–07: Halelea and Koolau Moku, Kauai County, Hawaii. (i) Unit HI–07 consists of 69 ac (28 ha) along the north shore of the island of Kauai. This unit is located approximately 2 mi (4 km) to the west and 11 mi (18 km) to the east of community of Princeville, Kauai, and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 This unit comprises 22 segments in 10 areas on the northeast side of the island, including: 4 segments within Hanalei Bay; 1 segment on Sea Lodge Beach; 1 segment on Anini Beach; 3 segments on Kalihiwai Beach; 6 segments at Kauapea Beach; 1 segment north of Crater Hill at Makapili Beach; 1 segment along the southwest shore of Kilauea Bay at Wailapa Beach; 1 segment on Pilaa Beach; 1 segment on Kaakaaniu Beach (a.k.a. Larsen’s Beach or Lepeuli Beach); 2 segments along Moloaa Bay; and 1 PO 00000 Frm 00090 Fmt 4701 Sfmt 4702 segment on Papaa Beach. Lands within this unit include approximately 2 ac (1 ha) in Federal ownership, less than 1 ac (less than 1 ha) in State ownership, less than 1 ac (less than 1 ha) in local government ownership, 9 ac (3 ha) in private/other ownership, and 59 ac (24 ha) that are uncategorized. (ii) Maps of Unit HI–07 follow: Figure 10 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (12)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.057</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46464 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46465 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.058</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 11 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (12)(ii) 46466 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.059</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 12 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (12)(ii) Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46467 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.060</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 13 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (12)(ii) 46468 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.061</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 14 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (12)(ii) (13) Unit HI–08: Na Pali Coast and Ma¯na¯ Plains, Kauai County, Hawaii. (i) Unit HI–08 consists of 254 ac (103 ha) along the western coast of the island of Kauai. This unit is located in and to the west of the community of Kekaha and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments in two areas: two segments along the Na Pali Coast at Nualolo Kai Beach and Milolii Beach, and two adjacent segments along the coast of Ma¯na¯ Plains at Barking Sands to Polihale Beach and Kekaha Beach. Lands within this unit PO 00000 Frm 00095 Fmt 4701 Sfmt 4702 46469 include approximately 228 ac (92 ha) in State ownership and 26 ac (11 ha) that are uncategorized. (ii) Map of Unit HI–08 follows: Figure 15 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (13)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.062</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (14) Unit HI–09: Puna Moku on Kauai, Kauai County, Hawaii. (i) Unit HI–09 consists of 33 ac (13 ha) along the eastern coast of the island of Kauai, approximately 9 mi (15 km) to the northeast and 5 mi (8 km) to the southwest of the town of Lihue, Kauai. The unit includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments in three areas: three segments on Kealia Beach, Wailua Beach, and Nukolii Beach; one segment on the northeast shoreline of Nawiliwili Harbor at Ninini Beach; and one segment on Kipu Kai Beach. Lands within this unit include approximately PO 00000 Frm 00096 Fmt 4701 Sfmt 4702 3 ac (1 ha) in State ownership, 2 ac (1 ha) in local government ownership, 13 ac (5 ha) in private/other ownership, and 14 ac (6 ha) that are uncategorized. (ii) Map of Unit HI–09 follows: Figure 16 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (14)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.063</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46470 (15) Unit HI–10: Kona Moku on Kauai, Kauai County, Hawaii. (i) Unit HI–10 consists of 14 ac (6 ha) in the communities of Hanapepe, Lawai, and Poipu on the island of Kauai. This unit is located approximately 6 mi (9 km) to the southwest and 7 mi (11 km) to the southeast of the community of Kalaheo, Kauai, and includes beach, coastal vegetation, sandy shoals, and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments in four areas: one segment each on Hanapepe Salt Pond Beach and Wahiawa Beach, one segment on Lawai Kai Beach, one segment along Poipu Beaches, and one segment along Keoniloa Bay at PO 00000 Frm 00097 Fmt 4701 Sfmt 4702 46471 Shipwreck Beach. Lands within this unit include approximately 4 ac (2 ha) in State ownership, 3 ac (1 ha) in local government ownership, 6 ac (3 ha) in private/other ownership, and 1 ac (1 ha) that is uncategorized. (ii) Map of Unit HI–10 follows: Figure 17 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (15)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.064</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (16) Unit HI–11: Northern Koolauloa Moku, Honolulu County, Hawaii. (i) Unit HI–11 consists of 132 ac (54 ha) in the communities of Haleiwa, Kahuku, Laie, and Hauula on the island of Oahu. This unit is located less than 1 mi (1 km) north and 11 mi (17 km) east of the community of Pupukea, Oahu, and includes beach, coastal vegetation, sandy shoals, and emergent sandy lands from the MHWL to the line indicating the beginning of dense VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation, cliff, or hardened or developed structures. This unit comprises 12 segments in 5 areas: 1 segment on Ehukai Beach; 2 segments within Kawela Bay; 1 segment each at Turtle Bay, Kaihalulu Beach, and Kahuku North Beach; 2 segments along the shoreline of James Campbell National Wildlife Refuge (NWR); and 1 segment each on Kahuku Golf Course Beach, Malaekahana Beach, Hauula Beach, and Makao Beach. Lands within PO 00000 Frm 00098 Fmt 4701 Sfmt 4702 this unit include approximately 24 ac (10 ha) in Federal ownership, 26 ac (10 ha) in State ownership, less than 1 ac (less than 1 ha) in local government ownership, 30 ac (12 ha) in private/ other ownership, and 53 ac (21 ha) that are uncategorized. (ii) Map of Unit HI–11 follows: Figure 18 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (16)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.065</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46472 (17) Unit HI–12: Waialua Moku, Honolulu County, Hawaii. (i) Unit HI–12 consists of 82 ac (33 ha) in the communities of Mokuleia, Waialua, and Haleiwa. This unit is located approximately 26 to 30 mi (42 to 49 km) northwest of the city of Honolulu, Oahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL to the line indicating the beginning of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 dense vegetation, cliff, or hardened or developed structures. This unit comprises 12 segments in 5 areas: 2 segments along Mokuleia Beach, 1 segment that runs parallel to Croizer Drive, 2 segments within Alii Beach Park, 4 segments within Haleiwa Beach Park and Puaena Beach, and 3 segments east of Puaena Point at Puaena Point to Papailoa Beach and at Chun’s Reef. Lands within this unit include PO 00000 Frm 00099 Fmt 4701 Sfmt 4702 46473 approximately less than 1 ac (less than 1 ha) in Federal ownership, 7 ac (3 ha) in State ownership, 5 ac (2 ha) in local government ownership, 29 ac (12 ha) in private/other ownership, and 41 ac (17 ha) that are uncategorized. (ii) Maps of Unit HI–12 follow: Figure 19 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (17)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.066</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46474 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.067</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 20 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (17)(ii) (18) Unit HI–13: Waianae Moku, Honolulu County, Hawaii. (i) Unit HI–13 consists of 13 ac (5 ha) along the west coast of Oahu. This unit is located approximately 26 to 30 mi (41 to 49 km) northwest of city of Honolulu, Oahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 lands from the MHWL to the line indicating the beginning of dense vegetation. This unit comprises two segments south of Kaena Point at Puau Beach and Laukinui (a.k.a. Aki’s Cove). Lands within this unit include approximately 13 ac (5 ha) in State ownership, less than 1 ac (less than 1 PO 00000 Frm 00101 Fmt 4701 Sfmt 4702 46475 ha) in private ownership, and less than 1 ac (less than 1 ha) that is uncategorized. (ii) Map of Unit HI–13 follows: Figure 21 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (18)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.068</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (19) Unit HI–14: Koolaupoko Moku, Honolulu County, Hawaii. (i) Unit HI–14 consists of 53 ac (22 ha) along the east coast of Oahu. This unit is located approximately 12 to 14 mi (20 to 22 km) north and east of city of Honolulu, Oahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 developed structures. This unit comprises seven segments in four areas: one segment along the shores of Kaneohe Bay at Molii Beach; four segments along the east coast of Oahu on Kailua Beach, Bagley Beach (a.k.a. Sherwoods Beach), Kalapueo Beach, and Makapuu Beach; one segment at Manana Island (a.k.a Rabbit Island); and one segment along the southeast shore of Oahu at Sandy Beach. Lands within PO 00000 Frm 00102 Fmt 4701 Sfmt 4702 this unit include approximately 7 ac (3 ha) in State ownership, 3 ac (1 ha) in local government ownership, less than 1 ac (less than 1 ha) in private/other ownership, and 42 ac (17 ha) that are uncategorized. (ii) Maps of Unit HI–14 follow: Figure 22 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (19)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.069</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46476 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46477 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.070</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 23 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (19)(ii) Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (20) Unit HI–15: Ewa Moku, Honolulu County, Hawaii. (i) Unit HI–15 consists of 9 ac (4 ha) in the community of Ewa Beach on the island of Oahu. This unit is located approximately 9 to 17 mi (14 to 28 km) west of the city of Honolulu, Oahu, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 from the MHWL to the line indicating the beginning of dense vegetation, or hardened or developed structures. This unit comprises three segments in two areas west of Pearl Harbor: one segment on the southwest coast of Oahu at Lanikuhonua Beach, and two segments along Ewa Beach. Lands within this unit include approximately less than 1 ac PO 00000 Frm 00104 Fmt 4701 Sfmt 4702 (less than 1 ha) in local government ownership, 2 ac (1 ha) in private/other ownership, and 7 ac (3 ha) that are uncategorized. (ii) Map of Unit HI–15 follows: Figure 24 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (20)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.071</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46478 (21) Unit HI–16: Molokai, Maui and Kalawao Counties, Hawaii. (i) Unit HI–16 consists of 160 ac (65 ha) along the eastern and northern coasts of Molokai. This unit is located approximately 7 to 17 mi (11 to 27 km) northwest to north of the town of Kaunakakai, Molokai, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 MHWL to the line indicating the beginning of dense vegetation or cliff. This unit comprises eight segments in five areas: two segments on Kawakiu Gulch Beach, two segments on Papohakumauliuli Beach, one segment each at Kepuhi Beach and Papohaku Beach, one segment at Kawasaloa Beach, and one segment at Awahua Beach (Kalaupapa National Historical Park). PO 00000 Frm 00105 Fmt 4701 Sfmt 4702 46479 Lands within this unit include approximately 15 ac (6 ha) in State ownership, 104 ac (42 ha) in private ownership, and 40 ac (16 ha) that are uncategorized. (ii) Map of Unit HI–16 follows: Figure 25 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (21)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.072</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (22) Unit HI–17: Kaanapali Moku, Maui County, Hawaii. (i) Unit HI–17 consists of 34 ac (14 ha) along the northeast coast of Maui. This unit is located approximately 1 to 5 mi (2 to 8 km) northeast and southwest of the community of Kapalua, including beach, sandy shoals, coastal vegetation, and emergent sandy lands from the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit includes five segments in three areas: one segment on D.T. Fleming Beach Park; one segment on Alaeloa Beach; and one segment each on Pohakuanapali Beach, Honokowai Beach, and Kaanapali Beach 1. Lands PO 00000 Frm 00106 Fmt 4701 Sfmt 4702 within this unit include approximately 1 ac (less than 1 ha) in State ownership, 10 ac (4 ha) in private ownership, and 23 ac (9 ha) that are uncategorized. (ii) Map of Unit HI–17 follows: Figure 26 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (22)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.073</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46480 (23) Unit HI–18: Puali Komohana and Hamakuapoko Moku, Maui County, Hawaii. (i) Unit HI–18 consists of 73 ac (29 ha) on the northeast coastline of West Maui and the northwest coastline of East Maui, on the island of Maui. This unit is located approximately 5 to 8 mi (7 to 13 km) northwest to east of the community of Kahului, and includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises 16 segments in 6 areas: northwest of Kahului Harbor, 1 segment each on Kalaeiliilii Beach, Waihee Beach, and Kaehu Beach; 4 segments by the Kahalui International Airport along Kanaha Beach; 1 segment along Papaula Point; 3 segments east of the Kahalui International Airport along Spreckelsville Beach; 1 segment on PO 00000 Frm 00107 Fmt 4701 Sfmt 4702 46481 Kapukaulua Beach; 2 segments along Paia Bay; and 2 segments along Hamakuapoko-Hookipa Beach. Lands within this unit include approximately 17 ac (7 ha) in State ownership, 6 ac (2 ha) in local government ownership, 30 ac (12 ha) in private/other ownership, and 19 ac (8 ha) that are uncategorized. (ii) Maps of Unit HI–18 follow: Figure 27 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (23)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.074</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46482 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.075</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 28 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (23)(ii) (24) Unit HI–19: Lahaina Moku, Maui County, Hawaii. (i) Unit HI–19 consists of 32 ac (13 ha) from the communities of Kaanapali to Lahaina on the island of Maui. This unit is located approximately 1 to 3 mi (2 to 5 km) northwest and southeast of the town of Lahaina, and includes beach, sandy shoals, coastal vegetation, and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation, or hardened or developed structures. This unit comprises three segments, one each at Kaanapali Beach, Wahikuli Beach, and Lahaina Beach. Lands within this unit include approximately less than 1 ac (less than 1 ha) in State ownership, 3 ac PO 00000 Frm 00109 Fmt 4701 Sfmt 4702 46483 (1 ha) in local government ownership, 7 ac (3 ha) in private/other ownership, and 23 ac (9 ha) that are uncategorized. (ii) Map of Unit HI–19 follows: Figure 29 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (24)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.076</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (25) Unit HI–20: South Puali Komohana and Kula Moku, Maui County, Hawaii. (i) Unit HI–20 consists of 17 ac (7 ha) along the shores of Maalaea Bay in Kihei on the island of Maui. This unit is located approximately 13 to 17 mi (21 to 27 km) south of the town of Lahaina and includes beach, sandy shoals, coastal vegetation, and emergent sandy VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 lands from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises three segments, one each on Maalaea Beach, Kalepolepo Beach, and Kawililipoa Beach. Lands within this unit include approximately less than 1 ac (less than 1 ha) in Federal ownership, less than 1 ac (less than 1 ha) in State PO 00000 Frm 00110 Fmt 4701 Sfmt 4702 ownership, 4 ac (2 ha) in local government ownership, less than 1 ac (less than 1 ha) in private/other ownership, and 12 ac (5 ha) that are uncategorized. (ii) Map of Unit HI–20 follows: Figure 30 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (25)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.077</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46484 (26) Unit HI–21: Hana Moku, Maui County, Hawaii. (i) Unit HI–21 consists of 3 ac (1 ha) in the small rural community of Hana on the island of Maui. This unit is located approximately 46 mi (74 km) southeast of the town of Lahaina, and includes beach, sandy shoals, coastal VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation, emergent sandy lands, and low shelving reef or rock above the MHWL to the line indicating the beginning of dense vegetation or cliff. This unit comprises three segments, two on Hamoa Beach and one on Hana Beach. Lands within this unit include approximately 2 ac (1 ha) in private PO 00000 Frm 00111 Fmt 4701 Sfmt 4702 46485 ownership and 1 ac (less than 1 ha) that is uncategorized. (ii) Map of Unit HI–21 follows: Figure 31 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (26)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.078</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (27) Unit HI–22: Honuaula Moku, Maui County, Hawaii. (i) Unit HI–22 consists of less than 1 ac (less than 1 ha) along the south coast of the island of Maui. This unit is located approximately 22 to 25 mi (35 to 40 km) southeast of the town of Lahaina, and includes beach, emergent VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense vegetation, a lava rock, or hardened or developed structures. This unit comprises two segments at Makena Landing Beach and Mokuha Beach. Lands within this unit include PO 00000 Frm 00112 Fmt 4701 Sfmt 4702 approximately less than 1 ac (less than 1 ha) in State ownership and less than 1 ac (less than 1 ha) in private ownership. (ii) Map of Unit HI–22 follows: Figure 32 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (27)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.079</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46486 (28) Unit HI–23: Lanai Island, Maui County, Hawaii. (i) Unit HI–23 consists of consists of 161 ac (65 ha) along the north and northeast coast of Lanai on the island of Maui. This unit is located approximately 6 to 10 mi (10 to 16 km) northwest to northeast of Lanai City and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 includes beach, sandy shoals, coastal vegetation, and emergent sandy lands from the MHWL to the line indicating the beginning of dense vegetation. This unit comprises six segments in two areas: one segment at Polihua Beach and five segments in Koolau Moku. Lands within this unit include approximately PO 00000 Frm 00113 Fmt 4701 Sfmt 4702 46487 145 ac (59 ha) in private ownership and 17 ac (7 ha) that are uncategorized. (ii) Map of Unit HI–23 follows: Figure 33 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (28)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.080</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (29) Unit HI–24: Kahoolawe Island, Maui County, Hawaii. (i) Unit HI–24 consists of 3 ac (1 ha) along the west coast of the island of Kahoolawe. This unit is located approximately 25 mi (41 km) southeast VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of Lanai City and includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense vegetation. All lands within this unit are in State ownership. (ii) Map of Unit HI–24 follows: PO 00000 Frm 00114 Fmt 4701 Sfmt 4702 Figure 34 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (29)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.081</GPH> 46488 (30) Unit HI–25: South Kohala, Hawaii County, Hawaii. (i) Unit HI–25 consists of 33 ac (13 ha) in the community of Puako on the island of Hawaii. This unit is located approximately 52 to 55 mi (83 to 88 km) northwest of the town of Hilo, and includes beach, sandy shoals, coastal vegetation, emergent sandy lands, and low shelving reef or rock from the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises 11 segments in 3 areas: 1 segment each on Puako Bay, Waima Point, Kapuniau Point, Puako Beach Drive, Holoholokai Beach, Pauoa Bay Beach, Papakonani Boat Landing, and Nanuku Cove; 2 segments along Makaiwa Bay; and 1 segment along PO 00000 Frm 00115 Fmt 4701 Sfmt 4702 46489 Waikoloa Bay. Lands within this unit include approximately 18 ac (7 ha) in State ownership, 9 ac (3 ha) in private ownership, and 7 ac (3 ha) that are uncategorized. (ii) Map of Unit HI–25 follows: Figure 35 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (30)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.082</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (31) Unit HI–26: Kona Moku on Hawaii Island, Hawaii County, Hawaii. (i) Unit HI–26 consists of 50 ac (20 ha) in the communities of Kukio and Kailua-Kona on the island of Hawaii. This unit is located approximately 55 to 58 mi (89 to 93 km) west of the town of Hilo and includes beach, sandy shoals, and emergent sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense vegetation, lava VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 flow, cliff, or hardened or developed structures. This unit comprises 15 segments in 4 areas: (1) 5 segments along Kiholo Beach; 1 segment each along Kaupulehu Beach, Kaupulehu Coast, Kukio Bay, and Kikaua Beach; 1 segment each along Kaloko Point and Honokohau Bay, Waiaha Bay, and Kahaluu Beach (all south of the Kona International Airport); and 3 segments along Honaunau Bay. Lands within this unit include approximately 12 ac (5 ha) PO 00000 Frm 00116 Fmt 4701 Sfmt 4702 in Federal ownership, 15 ac (6 ha) in State ownership, less than 1 ac (less than 1 ha) in local government ownership, 10 ac (4 ha) in private/other ownership, and 13 ac (5 ha) that are uncategorized. (ii) Maps of Unit HI–26 follow: Figure 36 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (31)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.083</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46490 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46491 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.084</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 37 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (31)(ii) 46492 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.085</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 38 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (31)(ii) (32) Unit HI–27: Hilo Moku, Hawaii County, Hawaii. (i) Unit HI–27 consists of 2 ac (1 ha) in the town of Hilo on the island of Hawaii. This unit is located approximately 4 to 5 mi (6 to 8 km) northeast of the Hilo International Airport and includes beach, emergent VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense vegetation, cliff, or lava flow. This unit comprises two segments at Carl Smith Park and Leleiwi Park. Lands within this unit include approximately 1 ac (less than 1 ha) in State ownership, less PO 00000 Frm 00119 Fmt 4701 Sfmt 4702 46493 than 1 ac (less than 1 ha) in local government ownership, and 1 ac (less than 1 ha) that is uncategorized. (ii) Map of Unit HI–27, HI–28, and HI–29 follows: Figure 39 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (32)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.086</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 BILLING CODE 4333–15–C (33) Unit HI–28: Keaau, Hawaii County, Hawaii. (i) Unit HI–28 consists of 1 ac (less than 1 ha) in the community of Keaau on the island of Hawaii. This unit is located approximately 9 mi (14 km) southeast of the town of Hilo and includes beach, emergent sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense vegetation. Lands within this unit include approximately less than 1 ac (less than 1 ha) in private VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 ownership and less than 1 ac (less than 1 ha) that is uncategorized. (ii) Map of Unit HI–28 is provided at paragraph (32)(ii) of this entry. (34) Unit HI–29: Pohoiki Beach, Hawaii County, Hawaii. (i) Unit HI–29 consists of 9 ac (4 ha) in the community of Pahoa on the island of Hawaii. This unit is located approximately 24 mi (39 km) southeast of the town of Hilo and includes beach, sandy shoals, emergent sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense vegetation or lava PO 00000 Frm 00120 Fmt 4701 Sfmt 4702 flow. Lands within this unit include approximately less than 1 ac (less than 1 ha) in State ownership, 4 ac (1 ha) in local government ownership, less than 1 ac (less than 1 ha) in private/other ownership, and 6 ac (2 ha) that are uncategorized. (ii) Map of Unit HI–29 is provided at paragraph (32)(ii) of this entry. (35) Unit HI–30: Keauhou, Hawaii County, Hawaii. (i) Unit HI–30 consists of 16 ac (7 ha) in the community of Volcano on the island of Hawaii. This unit is located approximately 33 mi (53 km) southwest E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.087</GPH> 46494 of the town of Hilo and includes black sand beach, sandy shoals, emergent sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense vegetation or lava flow. This unit comprises four segments in two areas: two segments along Halape Iki Beach and one segment each along Keauhou Point and Apua Point. Lands within this unit include approximately 9 ac (4 ha) in Federal ownership and 7 ac (3 ha) that are uncategorized. (36) Unit HI–31: Kau Moku, Hawaii County, Hawaii. (i) Unit HI–31 consists of 17 ac (7 ha) along the southeast and southern coast of the island of Hawaii. This unit is located approximately 47 to 69 mi (75 to 111 km) southwest of the town of Hilo and includes black sand beach, sandy shoals, coastal vegetation, emergent sandy lands, and low shelving reef or rock from the MHWL to the line indicating the beginning of dense VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4702 46495 (ii) Map of Unit HI–30 follows: BILLING CODE 4333–15–P Figure 40 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (35)(ii) vegetation, cliff, or lava flow. This unit comprises 10 segments in 4 areas: 1 segment along the southwest coast of Hawaii Island on Awili Shoreline; 2 segments along Humuhumu Point; 1 segment each on Pohue Beach and E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.088</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46496 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules approximately 5 ac (2 ha) in Federal ownership, 3 ac (1 ha) in State ownership, 4 ac (2 ha) in local government ownership, 4 ac (1 ha) in private/other ownership, and 2 ac (1 ha) that are uncategorized. (ii) Maps of Unit HI–31 follow: Figure 41 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (36)(ii) Figure 42 to Green Sea Turtle (Chelonia mydas), Central North Pacific DPS paragraph (36)(ii) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.089</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Kahakahakea Beach; and 1 segment each along the southeast shore coast of Hawaii Island on Kamehame Beach, Punaluu Beach, Puu Moa Point, Kapukini Shoreline, and Ninole Cove. Lands within this unit include BILLING CODE 4333–15–C ddrumheller on DSK120RN23PROD with PROPOSALS2 Green Sea Turtle (Chelonia mydas), Central South Pacific DPS (1) Within the Central South Pacific distinct population segment (DPS) of the green sea turtle, critical habitat units are depicted for the U.S. Territories of Palmyra Atoll and American Samoa on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of green sea turtle consist of the following components: VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (i) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics set forth in paragraphs (2)(i) through (iii) of this entry. These beaches include: (A) Habitat for green turtles to transit across beaches and for nest placement that includes: (1) Relatively unimpeded wet and dry sand or nearshore access areas from the PO 00000 Frm 00123 Fmt 4701 Sfmt 4702 46497 ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings; and (2) Drier sand areas located above mean high water in the supralittoral zone to avoid being inundated frequently by high tides. (B) Sand substrate that: (1) Allows for suitable nest construction; (2) Is suitable for facilitating gas diffusion conducive to embryo development; E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.090</GPH> Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46498 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (3) Can develop and maintain temperatures and a moisture content conducive to embryo development; and (4) Allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface. (ii) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and postnesting females can orient to the sea. (iii) Natural coastal processes or artificially created or maintained habitat mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in paragraphs (2)(i) and (ii) of this entry for beach access, nest site selection, nest construction, egg deposition and incubation, and hatchling emergence and movement to the sea. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads and other paved areas, abandoned military structures, and hardened shorelines) and the land on which they are located existing within the legal boundaries on the effective date of the final rule. (4) Data layers defining map units were created using green sea turtle survey and distribution data provided by multiple local and regional sources as available (e.g., reports, databases, and species expert knowledge) and as maintained by the National Oceanic and Atmospheric Administration’s Pacific Fisheries Science Center, universities, and local government. Landforms were primarily delineated based on the most current available aerial maps. The maps in this entry, as modified by any PO 00000 Frm 00124 Fmt 4701 Sfmt 4702 accompanying regulatory text, establish the boundaries of the terrestrial critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the USFWS’s internet site at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS–R4–ES–2022–0164, and at the two field offices responsible for this designation. You may obtain field office location information by contacting one of the USFWS regional offices, the addresses of which are listed at 50 CFR 2.2. (5) Index map follows: BILLING CODE 4333–15–P Figure 1 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (5) E:\FR\FM\19JYP2.SGM 19JYP2 (6) Unit AS–01: Palmyra Atoll, Incorporated Unorganized Territory of the United States. (i) Unit AS–01 consists of 22 acres (ac) (9 hectares (ha)) on Palmyra Atoll, the second northernmost atoll in the Northern Line Islands, which is located approximately 1,512 miles (mi) (2,434 kilometers (km)) north of Pago Pago, the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 territorial capital village of American Samoa on Tutuila Island, American Samoa (also known as (a.k.a.) Amerika Samoa). This unit includes beach, coastal vegetation, and sandy shoals from the mean high water line (MHWL) to the line indicating the beginning of dense vegetation or now abandoned structures. This unit comprises three PO 00000 Frm 00125 Fmt 4701 Sfmt 4702 46499 segments on Strawn, Cooper, and Aviation Islands. Lands within this unit include approximately 7 ac (3 ha) in Federal ownership and 15 ac (6 ha) in private ownership. (ii) Map of Unit AS–01 follows: Figure 2 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (6)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.091</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (7) Unit AS–02: Swains Island, Territory of American Samoa. (i) Unit AS–02 consists of 125 ac (50 ha) on Swains Island, Swains Island Atoll, which is located approximately 224 mi (360 km) north of Pago Pago, the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 territorial capital village of American Samoa on Tutuila Island. This unit includes beach, coastal vegetation, and sandy shoals from the MHWL to the line indicating the beginning of dense vegetation or hardened or developed PO 00000 Frm 00126 Fmt 4701 Sfmt 4702 structures. All lands within this unit are uncategorized ownership. (ii) Map of Unit AS–02 follows: Figure 3 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (7)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.092</GPH> 46500 (8) Unit AS–03: Ofu and Olosega Islands, Manua Island Group, Territory of American Samoa. (i) Unit AS–03 consists of 49 ac (20 ha) on Ofu and Olosega Islands, the westernmost islands in the Manua Island Group, which is located approximately 69 to 72 mi (111 to 116 km) slightly northeast of Pago Pago, the territorial capital village of American Samoa on Tutuila Island. This unit includes beach, coastal vegetation, and sandy shoals from the MHWL to the line VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises 12 segments in 9 areas: 2 segments along the northeast coast of Ofu Island at Tuafanua and Mafafa, 2 segments along Asagatai, 3 segments along the southeast coastline of Ofu at Toaga, 1 segment northeast of Ofu Airport at Fatauana, 1 segment surrounding the Ofu Airport at Vaoto, 1 segment northwest of the Ofu Airport at Matasina, 1 segment along the north PO 00000 Frm 00127 Fmt 4701 Sfmt 4702 46501 coast of Olosega Island within the village of Sili and the settlements of Faiava and Lalomoana, and 1 segment along the south coast of Olosega Island within the village of Olosega. All lands within this unit are uncategorized ownership. (ii) Maps of Unit AS–03 follow: Figure 4 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (8)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.093</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46502 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.094</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 5 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (8)(ii) (9) Unit AS–04: Tau Island, Manua Island Group, Territory of American Samoa. (i) Unit AS–04 consists of 34 ac (14 ha) on Tau Island, the easternmost island in the Manua Island Group, which is located approximately 80 to 85 mi (129 to 137 km) east of Pago Pago, the territorial capital village of American Samoa on Tutuila Island. This unit includes beach, coastal vegetation, VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 and sandy shoals from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises six segments in three areas: one segment along the east coast of Tau Island at Luamaa-Saua Beach (13 ac (5 ha)); one segment each along the south coast at Maefu Beach (4 ac (1 ha)) and Lepisi Beach (6 ac (2 ha)); and three PO 00000 Frm 00129 Fmt 4701 Sfmt 4702 46503 segments along the western coast of Tau at the old Amouli Village (Amouli Beach) (7 ac (3 ha)), Afuli Cove Beach (3 ac (1 ha)), and Fagamolo Cove Beach (1 ac (less than 1 ha)). All lands within this unit are uncategorized ownership. (ii) Map of Unit AS–04 follows: Figure 6 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (9)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.095</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (10) Unit AS–05: Aunuu Island, Manua Island Group, Territory of American Samoa. (i) Unit AS–05 consists of 3 ac (1 ha) on Aunuu Island, which is located approximately 10 mi (15 km) east of Pago Pago, the territorial capital village VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of American Samoa on Tutuila Island. This unit includes beach, coastal vegetation, and sandy shoals from the MHWL to the line indicating the beginning of dense vegetation and hardened or developed structures. All PO 00000 Frm 00130 Fmt 4701 Sfmt 4702 lands within this unit are uncategorized ownership. (ii) Map of Unit AS–05 follows: Figure 7 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (10)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.096</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46504 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of American Samoa on Tutuila Island. This unit includes beach, coastal vegetation, and sandy shoals from the MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises two segments on Sand PO 00000 Frm 00131 Fmt 4701 Sfmt 4702 Island and Rose Island. All lands within this unit are in Federal ownership. (ii) Map of Unit AS–06 follows: Figure 8 to Green Sea Turtle (Chelonia mydas), Central South Pacific DPS paragraph (11)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.097</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 (11) Unit AS–06: Rose Atoll, Territory of American Samoa. (i) Unit AS–06 consists of 10 ac (4 ha) on Rose Atoll (a.k.a. Motu o Manu), American Samoa, which is located approximately 260 mi (418 km) east of Pago Pago, the territorial capital village 46505 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules BILLING CODE 4333–15–C ddrumheller on DSK120RN23PROD with PROPOSALS2 Green Sea Turtle (Chelonia mydas), Central West Pacific DPS (1) Within the Central West Pacific distinct population segment (DPS) of the green sea turtle, critical habitat units are depicted for the U.S. Territory of Guam and the Commonwealth of the Northern Mariana Islands on the maps in this entry. (2) Within these areas, the physical or biological features essential to the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 conservation of green sea turtle consist of the following components: (i) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics set forth in paragraphs (2)(i) through (iii) of this entry. These beaches include: PO 00000 Frm 00132 Fmt 4701 Sfmt 4702 (A) Habitat for green turtles to transit across beaches and for nest placement that include: (1) Relatively unimpeded wet and dry sand or nearshore access areas from the ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings; and (2) Drier sand areas located above mean high water in the supralittoral zone to avoid being inundated frequently by high tides. (B) Sand substrate that: E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.098</GPH> 46506 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (1) Allows for suitable nest construction; (2) Is suitable for facilitating gas diffusion conducive to embryo development; (3) Can develop and maintain temperatures and a moisture content conducive to embryo development; and (4) Allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface. (ii) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and postnesting females can orient to the sea. (iii) Natural coastal processes or artificially created or maintained habitat mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in paragraphs (2)(i) and (ii) of this entry for beach access, nest site selection, nest construction, egg deposition and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 incubation, and hatchling emergence and movement to the sea. (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads and other paved areas, abandoned military structures, and hardened shorelines) and the land on which they are located existing within the legal boundaries on the effective date of the final rule. (4) Data layers defining map units were created using green sea turtle distribution data provided by multiple local and regional sources as available (e.g., reports, databases, and data maintained by the National Oceanic and Atmospheric Administration’s Pacific Fisheries Science Center, universities, local governments, and nonprofit organizations across the range of the species). Landforms were primarily delineated based on the most current available aerial maps. The maps in this PO 00000 Frm 00133 Fmt 4701 Sfmt 4702 46507 entry, as modified by any accompanying regulatory text, establish the boundaries of the terrestrial critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the USFWS’s internet site at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS–R4–ES–2022–0164, and at the two field offices responsible for this designation. You may obtain field office location information by contacting one of the USFWS regional offices, the addresses of which are listed at 50 CFR 2.2. (5) Two index maps follow: Figure 1 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (5) BILLING CODE 4333–15–P E:\FR\FM\19JYP2.SGM 19JYP2 46508 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.099</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 2 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (5) (6) Unit GU–01: Ritidian Point and Uruno Beach, Guam Island, Territory of Guam. (i) Unit GU–01 consists of 37 acres (ac) (15 hectares (ha)) in Dededo (also known as (a.k.a.) Dedidu) and Yigo (a.k.a. Yigu) Villages in the northern part of Guam and is located approximately 12 miles (mi) (19 kilometers (km)) northeast of the Capital Village of Hagatna. This unit includes VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 beach, coastal vegetation, and atoll forest from the mean high water line (MHWL) to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises six segments in two areas: Ritidian Beach (a.k.a. Litekyan Village, Guam National Wildlife Refuge (NWR), and Ritidian Point), and along Uruno Beach (a.k.a. Urunao Beach) and PO 00000 Frm 00135 Fmt 4701 Sfmt 4702 46509 Falcona Beach. Lands within this unit include approximately 18 ac (7 ha) in Federal ownership, less than 1 ac (less than 1 ha) in Territorial ownership, 13 ac (5 ha) in private ownership, and 6 ac (2 ha) that are uncategorized. (ii) Map of Unit GU–01 follows: Figure 3 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (6)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.100</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (7) Unit GU–02: Jinapsan Beach, Guam Island, Territory of Guam. (i) Unit GU–02 consists of 14 ac (6 ha) at Jinapsan (a.k.a. Hinapsan) Beach in Yigo (a.k.a. Yigu) Village in the northern part of Guam and is located approximately 14 mi (23 km) northeast VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of the Capital Village of Hagatna. This unit includes beach, coastal vegetation, and atoll forest from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. Lands within this unit include approximately 4 ac (1 ha) PO 00000 Frm 00136 Fmt 4701 Sfmt 4702 in Federal ownership, 3 ac (1 ha) in private ownership, and 8 ac (3 ha) that are uncategorized. (ii) Map of Unit GU–02 follows: Figure 4 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (7)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.101</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46510 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 coastal vegetation, and atoll forest from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises seven segments in two areas: one segment at Shark’s Cove, and six segments along Tanguisson Beach. Lands within this unit include PO 00000 Frm 00137 Fmt 4701 Sfmt 4702 approximately 6 ac (2 ha) in Territorial ownership and 6 ac (2 ha) that are uncategorized. (ii) Map of Unit GU–03 follows: Figure 5 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (8)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.102</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 (8) Unit GU–03: Tanguisson, Guam Island, Territory of Guam. (i) Unit GU–03 consists of 12 ac (5 ha) in Dededo (a.k.a. Dedidu) Village on the west side of northern Guam and is located approximately 7 mi (11 km) northeast of the Capital Village of Hagatna. This unit includes beach, 46511 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (9) Unit GU–04: Tumon Bay, Guam Island, Territory of Guam. (i) Unit GU–04 consists of 14 ac (6 ha) in Tamuning-Tumon (a.k.a. TamunengTomhom) and Dededo (a.k.a. Dedidu) Villages, northern Guam, part of the Territory of Guam. This unit is located approximately 3 mi (5 km) northeast of the Capital Village of Hagatna, and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 includes beach, coastal vegetation, and atoll forest from the MHWL. The landward boundary is the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments in four areas, including on Amantes Beach, Fafai Beach (a.k.a. Gun Beach), Gonga Beach, PO 00000 Frm 00138 Fmt 4701 Sfmt 4702 and Tumon Bay South Beach. Lands within this unit include approximately 10 ac (4 ha) in private ownership and 4 ac (1 ha) that are uncategorized. (ii) Map of Unit GU–04 follows: Figure 6 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (9)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.103</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46512 (10) Unit GU–05: Hagatna Bay, Guam Island, Territory of Guam. (i) Unit GU–05 consists of 7 ac (3 ha) in East Agana Bay, Tamuning-Tumon (a.k.a. Tamuneng-Tomhom) Village on the west coast of northern Guam and is located approximately 1 mi (less than 1 km) northeast of the Capital Village of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Hagatna. This unit includes beach and sandy shoals from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises three segments, including two segments on Dungcas Beach and one segment on Trinchera Beach. Lands PO 00000 Frm 00139 Fmt 4701 Sfmt 4702 46513 within this unit include approximately 1 ac (less than 1 ha) in private ownership and 6 ac (3 ha) that are uncategorized. (ii) Map of Unit GU–05 follows: Figure 7 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (10)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.104</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (11) Unit GU–06: Cabras Island, Guam Island, Territory of Guam. (i) Unit GU–06 consists of 8 ac (3 ha) in Piti Village on the east coast of central Guam, which is located approximately 8 mi (13 km) west of the Capital Village of Hagatna. This unit includes beach and coastal vegetation VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 from the MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises five segments in two areas: two segments at Sea Plane Ramp along Apra Harbor and along the Philippine Sea, and three segments on Cabras Beach. Lands within this unit PO 00000 Frm 00140 Fmt 4701 Sfmt 4702 include less than 1 ac (less than 1 ha) in private ownership and 8 ac (3 ha) that are uncategorized. (ii) Map of Unit GU–06 follows: Figure 8 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (11)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.105</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46514 (12) Unit GU–07: Agat Bay, Guam Island, Territory of Guam. (i) Unit GU–07 consists of 1 ac (less than 1 ha) in Agat Bay (a.k.a. Hagat Bay) in Aagat Village (a.k.a. Hagat Village) on the west coast of central Guam, which is located approximately 9 mi (14 km) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 southwest of the Capital Village of Hagatna. This unit includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. Lands within this unit include approximately less than 1 PO 00000 Frm 00141 Fmt 4701 Sfmt 4702 46515 ac (less than 1 ha) in Federal ownership and less than 1 ac (less than 1 ha) that is uncategorized. (ii) Map of Unit GU–07 follows: Figure 9 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (12)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.106</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (13) Unit GU–08: Pago Point to Ylig Bay, Guam Island, Territory of Guam. (i) Unit GU–08 consists of 2 ac (1 ha) Yona Village in central Guam, approximately 5 mi (8 km) southeast of the Capital Village of Hagatna. This unit includes beach, coastal vegetation, and atoll forest from the MHWL to the line VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four small segments in three areas: one segment on Nasgon Beach, two segments on Tagachan Beach, and one segment in Ylig Bay (a.k.a. Ilig Bay) at Turtle Beach. Lands within this unit PO 00000 Frm 00142 Fmt 4701 Sfmt 4702 include approximately 2 ac (1 ha) in private ownership and less than 1 ac (less than 1 ha) that is uncategorized. (ii) Map of Unit GU–08 follows: Figure 10 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (13)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.107</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46516 (14) Unit GU–09: Talofofo Village, Guam Island, Territory of Guam. (i) Unit GU–09 consists of 4 ac (2 ha) in Talofofo Village on the eastern coast of southern Guam and is located approximately 8 mi (14 km) south of the Capital Village of Hagatna. This unit includes beach, coastal vegetation, and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 atoll forest from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments: two segments at Togcha Beach, one segment on Ipan Beach, and one segment in Inarajan Bay at Gayloup Cove. Lands within this unit PO 00000 Frm 00143 Fmt 4701 Sfmt 4702 46517 include approximately 2 ac (1 ha) in private ownership and 3 ac (1 ha) that are uncategorized. (ii) Map of Unit GU–09 follows: Figure 11 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (14)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.108</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (15) Unit GU–10: Humatak Village, Guam Island, Territory of Guam. (i) Unit GU–10 consists of 7 ac (3 ha) in Humatak Village along the western coast of southern Guam, located approximately 13 mi (20 km) southwest of the Capital Village of Hagatna. This VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 unit includes beach habitat from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments, one each on Sagua Beach, Achuga Valley Beach, Sella Bay, and Cetti Bay. Lands within PO 00000 Frm 00144 Fmt 4701 Sfmt 4702 this unit include approximately 1 ac (1 ha) in private ownership and 6 ac (3 ha) that are uncategorized. (ii) Map of Unit GU–10 follows: Figure 12 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (15)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.109</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46518 (16) Unit GU–11: Nomna Bay, Guam Island, Territory of Guam. (i) Unit GU–11 consists of less than 1 ac (less than 1 ha) in Talofofo Village on the eastern coast of southern Guam, which is located approximately 10 mi (15 km) southeast of the Capital Village VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 of Hagatna. This unit includes beach from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises two segments in Nomna Bay (a.k.a. Nomnia Bay) at Perez PO 00000 Frm 00145 Fmt 4701 Sfmt 4702 46519 Beach. All land within this unit is uncategorized ownership. (ii) Map of Units GU–11, GU–12, and GU–13 follows: Figure 13 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (16)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.110</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (17) Unit GU–12: Inarajan Bay, Guam Island, Territory of Guam. (i) Unit GU–12 consists of 4 ac (1 ha) in Inarajan Village (a.k.a. Inalahan Village) on the east coast of southern Guam, which is located approximately 13 mi (22 km) southeast of the Capital Village of Hagatna. This unit includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises two segments, one each on Guaifan shoreline and along Inarajan VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Bay (a.k.a. Inalahan Beach). Lands within this unit include approximately 1 ac (less than 1 ha) in private ownership and 3 ac (1 ha) that are uncategorized. (ii) Map of Unit GU–12 is provided at paragraph (16)(ii) of this entry. (18) Unit GU–13: Agfayan Point to Aga Point, Guam Island, Territory of Guam. (i) Unit GU–13 consists of 5 ac (2 ha) in Inarajan Village (a.k.a. Inalahan Village) between Agfayan Point (a.k.a. Akfayan Point) and Aga Point on the PO 00000 Frm 00146 Fmt 4701 Sfmt 4702 south coast of Guam and is located approximately 16 mi (25 km) southeast of the Capital Village of Hagatna. This unit includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises four segments in three areas: one segment on Lada Beach, two segments on Acho Beach and Atao Beach, one segment on Tonan Beach. Lands within this unit include less than E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.111</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46520 46521 2 ac (1 ha) in private ownership and less than 4 ac (1 ha) that are uncategorized. (ii) Map of Unit GU–13 is provided at paragraph (16)(ii) of this entry. (19) Unit GU–14: Cocos Island, Guam Island, Territory of Guam. (i) Unit GU–14 consists of 8 ac (3 ha) in Cocos Island (a.k.a. Dano Village), an island off the south coast of Guam, and is located approximately 17 mi (27 km) southwest of the Capital Village of Hagatna that occurs on the main island. The unit includes beach, coastal vegetation, and atoll forest from the MHWL to the line indicating the beginning of dense vegetation or hardened or developed structures. This unit comprises two segments along Cocos Island Beach. Lands within this unit include approximately 1 ac (less than 1 ha) in private ownership and 7 ac (3 ha) that are uncategorized. (ii) Map of Unit GU–14 follows: (20) Unit MP–01: Agrihan Island, Saipan Island, Commonwealth of the Northern Mariana Islands (CNMI). (i) Unit MP–01 consists of 44 ac (18 ha) along the southwest coast of Agrihan (a.k.a. Agrigran) Island in the northern part of the Mariana Archipelago, part of the CNMI (a.k.a. Sankattan Siha Na Islas Marianas, Commonwealth Teel Faluw VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00147 Fmt 4701 Sfmt 4702 Figure 14 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (19)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.112</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules kka Efang Ilol Marianas). This unit is located approximately 199 mi (320 km) north of Capitol Hill, Saipan (a.k.a. Saipan, Seipel), and includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises five segments along the southwest side of Agrihan Island on Agrihan Beach. All lands within this unit are uncategorized ownership. (21) Unit MP–02: Pagan Island, Saipan Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–02 consists of 12 ac (5 ha) along the western coast on Pagan Island in the northern part of the Mariana Archipelago and is located approximately 203 mi (326 km) north of Capitol Hill, Saipan. This unit includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense vegetation or cliff. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00148 Fmt 4701 Sfmt 4702 (ii) Map of Unit MP–01 follows: Figure 15 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (20)(ii) This unit comprises three segments in two areas: two segments, one each along Shomushon Bay (a.k.a. Red Beach) and Apaan Bay (a.k.a. Green Beach), and one segment along the west side of Mount E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.113</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46522 Togari. All lands within this unit are uncategorized ownership. (ii) Map of Unit MP–02 follows: Figure 16 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (21)(ii) (22) Unit MP–03: Wing Beach and Bird Island, Saipan Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–03 consists of 7 ac (3 ha) in Marpi Village, northwestern and northeastern coast of Saipan, and is located approximately 4 mi (7 km) northeast of Capitol Hill, Saipan. This unit includes beach, coastal vegetation, and atoll forest from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises three segments, including one on Wing Beach (a.k.a. Unai Makpe) on the northwestern coast, and two adjacent segments at Bird Island (a.k.a. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00149 Fmt 4701 Sfmt 4702 46523 Unai Fanonchuluyan). Lands within this unit include approximately 4 ac (2 ha) in Commonwealth ownership and 3 ac (1 ha) that are uncategorized. (ii) Map of Unit MP–03 follows: Figure 17 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (22)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.114</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (23) Unit MP–04: Managaha Island and Unai Makaka, Saipan Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–04 consists of 21 ac (9 ha) on the western coast of Saipan and is located approximately 3 mi (5 km) northwest of Capitol Hill, Saipan. This unit includes beach, coastal vegetation, VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 and atoll forest from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit includes two segments in two areas: beach surrounding Managaha Island (directly north of Unai Makaka) and Lagunan Garapan on Unai Makaka. Lands within this unit include approximately 5 ac (2 PO 00000 Frm 00150 Fmt 4701 Sfmt 4702 ha) in Commonwealth ownership, less than 1 ac (less than 1 ha) in private ownership, and 16 ac (6 ha) that are uncategorized. (ii) Map of Unit MP–04 follows: Figure 18 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (23)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.115</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46524 (24) Unit MP–05: Eastern Saipan, Saipan Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–05 consists of 18 ac (7 ha) along the east coast of Saipan and is located approximately 2 mi (3 km) southeast of Capitol Hill, Saipan. This unit includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation, cliff, or hardened or developed structures. This unit comprises nine segments in two areas: one segment each on Old Man by the Sea Beach, Unai Halaihai (a.k.a. Marine Beach), and Unai Laolao Kattan (a.k.a. Tank Beach), as well as two segments south of Tank Beach on Tank Pocket Beach; and four segments in Laolao Bay at Unai Laolao and Unai Baput. Lands PO 00000 Frm 00151 Fmt 4701 Sfmt 4702 46525 within this unit include approximately 9 ac (4 ha) in Commonwealth ownership, 1 ac (less than 1 ha) in private ownership, and 8 ac (3 ha) that are uncategorized. (ii) Map of Unit MP–05 follows: Figure 19 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (24)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.116</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (25) Unit MP–06: Southern Saipan, Saipan Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–06 consists of 8 ac (3 ha) along the southern coast of Saipan and is located approximately 8 mi (13 km) northeast of Capitol Hill, Saipan. This unit includes beach and coastal vegetation from the MHWL to the line indicating the beginning of dense VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation, cliff, or hardened or developed structures. This unit comprises five segments in three areas: two segments near the west end of the Saipan Airport runway at Unai Denikuio Agingan (a.k.a. Coral Ocean Point), two segments along the south coast of Saipan at Unai Peo (a.k.a. Ladder Beach) and Unai Obyan, and one segment at Boy Scout Beach along the PO 00000 Frm 00152 Fmt 4701 Sfmt 4702 west coast of the Naftan Peninsula. Lands within this unit include approximately 1 ac (less than 1 ha) in Commonwealth ownership and 7 ac (3 ha) that are uncategorized. (ii) Map of Unit MP–06 follows: Figure 20 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (25)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.117</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46526 (26) Unit MP–07: Western Tinian, Tinian Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–07 consists of 6 ac (3 ha) along the western coast of Tinian Island and is located approximately 2 mi (2 km) northwest of San Jose Village. This unit includes beach and coastal VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit is comprised of six segments, one each at Barcinas Cove, Turtle Beach, Leprosarium Beach, Red Beach, Kammer Beach, and Tachogna Beach. PO 00000 Frm 00153 Fmt 4701 Sfmt 4702 46527 Lands within this unit include approximately 3 ac (1 ha) in Commonwealth ownership and 4 ac (1 ha) that are uncategorized. (ii) Map of Unit MP–07 follows: Figure 21 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (26)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.118</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (27) Unit MP–08: Northern Rota, Rota Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–08 consists of 54 ac (22 ha) on northern Rota Island, the secondmost southern island in the Mariana archipelago, and is located approximately 3 mi (5 km) to 7 mi (11 km) northeast of Songsong Village. This unit includes beach and coastal VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation from the MHWL to the line indicating the beginning of dense vegetation, cliff, or hardened or developed structures. This unit comprises six segments in two areas: one segment north of Rota International Airport along Mochong Beach; and five segments west of Rota International Airport along Tatgua Beach, Teteto Beach, Uyulan Beach, and Songton PO 00000 Frm 00154 Fmt 4701 Sfmt 4702 Beach. Lands within this unit include approximately 44 ac (18 ha) in Commonwealth ownership, 2 ac (1 ha) in private ownership, and 9 ac (4 ha) that are uncategorized. (ii) Map of Unit MP–08 follows: Figure 22 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (27)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.119</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46528 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 vegetation, cliff, or hardened or developed structures. This unit comprises nine segments in four areas: four segments southeast of Teneto Village along Tatka Beach in Sasanhaya Bay, one segment at Coral Garden Beach, two segments on Okgok Beach and one segment on Apanon Beach, and one segment on Malilok Beach. Lands within this unit include approximately PO 00000 Frm 00155 Fmt 4701 Sfmt 4702 8 ac (3 ha) in Commonwealth ownership, less than 1 ac (less than 1 ha) in private ownership, and 1 ac (1 ha) that is uncategorized. (ii) Map of Unit MP–09 follows: Figure 23 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS paragraph (28)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.120</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 (28) Unit MP–09: Southern Rota, Rota Island, Commonwealth of the Northern Mariana Islands. (i) Unit MP–09 consists of 9 ac (4 ha) on southern Rota Island and is located approximately 2 mi (3 km) southeast of Songsong Village. This unit includes beach, coastal vegetation, and atoll forest from the MHWL to the line indicating the beginning of dense 46529 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules BILLING CODE 4333–15–C ddrumheller on DSK120RN23PROD with PROPOSALS2 Green Sea Turtle (Chelonia mydas), North Atlantic DPS (1) Within the North Atlantic distinct population segment (DPS) of the green sea turtle, critical habitat units are depicted for Brevard, Broward, Charlotte, Escambia, Flagler, Franklin, Gulf, Indian River, Lee, Martin, Monroe, Palm Beach, Sarasota, St. Johns, St. Lucie, Volusia, and Walton Counties in the State of Florida; and on Mona Island, Vieques Island, and the Municipalities of Guayama and Maunabo in the Commonwealth of Puerto Rico on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of green sea turtle consist of the following components: VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (i) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics set forth in paragraphs (2)(i) through (iii) of this entry. These beaches include: (A) Habitat for green turtles to transit across beaches and for nest placement that includes: (1) Relatively unimpeded wet and dry sand or nearshore access areas from the ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings; and (2) Drier sand areas located above mean high water in the supralittoral PO 00000 Frm 00156 Fmt 4701 Sfmt 4702 zone to avoid being inundated frequently by high tides. (B) Sand substrate that: (1) Allows for suitable nest construction; (2) Is suitable for facilitating gas diffusion conducive to embryo development; (3) Can develop and maintain temperatures and a moisture content conducive to embryo development; and (4) Allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface. (ii) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and postnesting females can orient to the sea. (iii) Natural coastal processes or artificially created or maintained habitat E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.121</GPH> 46530 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in paragraphs (2)(i) and (ii) of this entry for beach access, nest site selection, nest construction, egg deposition and incubation, and hatchling emergence and movement to the sea. (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads and other paved areas, abandoned military structures, and hardened shorelines) and the land on which they are located existing within the legal boundaries on the effective date of the final rule. (4) Data layers defining map units were created using green sea turtle VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 distribution data provided by multiple local and regional sources as available (e.g., published data, unpublished reports, databases, and State data maintained by the Florida Fish and Wildlife Coastal Commission, universities, local governments, and nonprofit organizations across the range of the species). Landforms were primarily delineated based on the most current available aerial maps. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the terrestrial critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the PO 00000 Frm 00157 Fmt 4701 Sfmt 4702 46531 USFWS’s internet site at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS–R4–ES–2022–0164, and at the two field offices responsible for this designation. You may obtain field office location information by contacting one of the USFWS regional offices, the addresses of which are listed at 50 CFR 2.2. (5) Three index maps follow: BILLING CODE 4333–15–P Figure 1 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (5) E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Figure 2 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (5) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00158 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.122</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46532 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46533 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00159 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.123</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 3 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (5) Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (6) Unit FL–01: Guana Tolomato Matanzas National Estuarine Research Reserve—Guana River Site, St. Johns County, Florida. (i) Unit FL–01 consists of approximately 112 acres (ac) (45 hectares (ha)) of Atlantic Ocean VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 shoreline that includes beach, dune, and coastal vegetation within the boundaries of the Guana Tolomato Matanzas National Estuarine Research Reserve— Guana River Site. The unit includes lands from the mean high water line (MHWL) to the toe of the secondary PO 00000 Frm 00160 Fmt 4701 Sfmt 4702 dune or developed structures. Lands within this unit are entirely within State ownership. (ii) Map of Unit FL–01 follows: Figure 4 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (6)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.124</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46534 (7) Unit FL–02: Washington Oaks Gardens State Park to North Peninsula State Park, Flagler and Volusia Counties, Florida. (i) Unit FL–02 consists of approximately 307 ac (124 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 unit extends from the northern boundary of Washington Oaks Gardens State Park in Flagler County to the southern boundary of North Peninsula State Park in Volusia County and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit PO 00000 Frm 00161 Fmt 4701 Sfmt 4702 46535 include approximately 77 ac (31 ha) in State ownership, 61 ac (25 ha) in local government ownership, and 169 ac (68 ha) in private/other ownership. (ii) Map of Unit FL–02 follows: Figure 5 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (7)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.125</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (8) Unit FL–03: Canaveral National Seashore to Merritt Island National Wildlife Refuge, Volusia and Brevard Counties, Florida. (i) Unit FL–03 consists of approximately 558 ac (226 ha) of Atlantic Ocean shoreline that includes VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 beach, dune, and coastal vegetation. The unit extends from the northern boundary of Canaveral National Seashore to the southern boundary of Merritt Island National Wildlife Refuge (NWR)—Kennedy Space Center and includes lands from the MHWL to the PO 00000 Frm 00162 Fmt 4701 Sfmt 4702 toe of the secondary dune or developed structures. Lands within this unit are entirely in Federal ownership. (ii) Map of Unit FL–03 follows: Figure 6 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (8)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.126</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46536 (9) Unit FL–04: Satellite Beach to Indian River Shores, Brevard and Indian River Counties, Florida. (i) Unit FL–04 consists of approximately 644 ac (261 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The unit is divided into two segments split by Sebastian Inlet and includes lands from the MHWL to the toe of the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 secondary dune or developed structures. The northern segment extends from the southern boundary of Patrick Space Force Base in Brevard County near the Pineda Causeway to the northern side of the Sebastian Inlet in Indian River County. The southern segment extends from the southern side of Sebastian Inlet to the Indian River Shores—Vero Beach city limits line. Lands within this unit PO 00000 Frm 00163 Fmt 4701 Sfmt 4702 46537 include approximately 52 ac (21 ha) in Federal ownership, 72 ac (29 ha) in State ownership, 120 ac (48 ha) in local government ownership, and 400 ac (163 ha) in private/other ownership. (ii) Map of Units FL–04 and FL–05 follows: Figure 7 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (9)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.127</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (10) Unit FL–05: Hutchinson Island, St. Lucie County, Florida. (i) Unit FL–05 consists of approximately 336 ac (136 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation on Hutchinson Island from the southern side of the Ft. Pierce Inlet to the northern side of the St. Lucie Inlet. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include 119 ac (48 ha) in local VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 government ownership and 217 ac (88 ha) in private/other ownership. (ii) Map of Unit FL–05 is provided at paragraph (9)(ii) of this entry. (11) Unit FL–06: St. Lucie Inlet to Jupiter Inlet, Martin and Palm Beach Counties, Florida. (i) Unit FL–06 consists of approximately 324 ac (131 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The unit extends from the southern side of the St. Lucie Inlet in Martin County to the northern side of the Jupiter Inlet in PO 00000 Frm 00164 Fmt 4701 Sfmt 4702 Palm Beach County and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 69 ac (28 ha) in Federal ownership, 49 ac (20 ha) in State ownership, 11 ac (5 ha) in local government ownership, and 195 ac (78 ha) in private/other ownership. (ii) Map of Units FL–06 and FL–07 follows: Figure 8 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (11)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.128</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46538 (12) Unit FL–07: Jupiter Inlet to Lake Worth Inlet, Palm Beach County, Florida. (i) Unit FL–07 consists of approximately 214 ac (87 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The unit extends from the southern side of the Jupiter Inlet to the northern side of the Lake Worth Inlet and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 25 ac (10 ha) in State VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 ownership, 85 ac (35 ha) in local government ownership, and 104 ac (42 ha) in private/other ownership. (ii) Map of Unit FL–07 is provided at paragraph (11)(ii) of this entry. (13) Unit FL–08: Palm Beach to Boynton Inlet, Palm Beach County, Florida. (i) Unit FL–08 consists of approximately 42 ac (17 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The unit extends from the southern boundary of the Lake Worth Municipal Beach– PO 00000 Frm 00165 Fmt 4701 Sfmt 4702 46539 Barton Park to the northern side of the Boynton Inlet and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 1 ac (0.4 ha) in local government ownership and 41 ac (17 ha) in private/ other ownership. (ii) Map of Units FL–08, FL–09, and FL–10 follows: Figure 9 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (13)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.129</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 BILLING CODE 4333–15–C (14) Unit FL–09: Boynton Inlet to Boca Raton Inlet, Palm Beach County, Florida. (i) Unit FL–09 consists of approximately 214 ac (87 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The unit extends from the southern side of the Boynton Inlet to the northern side of Boca Raton Inlet and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 66 ac (27 ha) in local VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 government ownership and 148 ac (60 ha) in private/other ownership. (ii) Map of Unit FL–09 is provided at paragraph (13)(ii) of this entry. (15) Unit FL–10: Boca Raton Inlet to Hillsboro Inlet, Palm Beach and Broward Counties, Florida. (i) Unit FL–10 consists of approximately 82 ac (34 ha) of Atlantic Ocean shoreline that includes beach, dune, and coastal vegetation. The unit extends from the southern side of Boca Raton Inlet in Palm Beach County to the northern side of the Hillsboro Inlet in PO 00000 Frm 00166 Fmt 4701 Sfmt 4702 Broward County and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 1 ac (less than 1 ha) in Federal ownership, 16 ac (7 ha) in local government ownership, and 65 ac (26 ha) in private/other ownership. (ii) Map of Unit FL–10 is provided at paragraph (13)(ii) of this entry. (16) Unit FL–11: Sawyer Key, Monroe County, Florida. (i) Unit FL–11 consists of approximately 6 ac (3 ha) of the Gulf of E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.130</GPH> 46540 46541 Mexico shoreline on the northeasternmost portion of Sawyer Key, which is part of a multi-island complex between the Johnston Key and Cudjoe Channel. This unit includes beach, dune, and coastal vegetation from the MHWL to the toe of the secondary dune. Lands within this unit are entirely federally owned. BILLING CODE 4333–15–P (17) Unit FL–12: Boca Grande and Marquesas Keys, Monroe County, Florida. (i) Unit FL–12 consists of approximately 28 ac (11 ha) of the Gulf of Mexico shoreline and includes beach, dune, and coastal vegetation from the MHWL to the toe of the secondary dune. The unit includes lands on two keys. The portion of the unit on Boca Grande Key (one of the outlying islands of the Florida Keys located about 12 miles (mi) (19 kilometers (km)) west of Key West) includes the western shore of the key. The portion of the unit on Marquesas Key (one of eight uninhabited islands that comprise ‘‘the Marquesas Keys,’’ which is part of a small group of islands located at the end of the Florida Keys about 18 mi (29 km) west of Key West) includes three beach segments along the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00167 Fmt 4701 Sfmt 4702 (ii) Map of Unit FL–11 follows: Figure 10 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (16)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.131</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules largest northern-most key and three beach segments along unnamed keys to the southwest of the largest key. Lands within this unit are entirely federally owned. (ii) Map of Units FL–12 and FL–13 follows: Figure 11 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (17)(ii) (18) Unit FL–13: Dry Tortugas, Monroe County, Florida. (i) Unit FL–13 consists of approximately 21 ac (8 ha) of Gulf of Mexico shoreline within the Dry Tortugas, which comprises seven islands located at the end of the Florida Keys about 67 mi (108 km) west of Key West. The unit occurs on the East, Middle, and Loggerhead Keys of the Dry Tortugas, including beach, dune, and coastal vegetation from the MHWL to the toe of the secondary dune. Lands within this unit are entirely federally owned. (ii) Map of Unit FL–13 is provided at paragraph (17)(ii) of this entry. (19) Unit FL–14: Sanibel Island West, Lee County, Florida. (i) Unit FL–14 consists of approximately 189 ac (76 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation on Sanibel Island from the southern side of Blind VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00168 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.132</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46542 46543 Pass to Tarpon Bay Road. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 76 ac (31 ha) in local government ownership and 113 ac (45 ha) in private/other ownership. (ii) Map of Unit FL–14 follows: Figure 12 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (19)(ii) (20) Unit FL–15: Gasparilla Island, Lee and Charlotte Counties, Florida. (i) Unit FL–15 consists of approximately 155 ac (63 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation on Gasparilla Island from the southern side of Gasparilla Pass to the northern side of Boca Grande Pass. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 5 ac (2 ha) in Federal ownership, 25 ac (10 ha) in State ownership, and 125 ac (51 ha) in private/other ownership. (ii) Map of Units FL–15 and FL–16 follows: Figure 13 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (20)(ii) VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00169 Fmt 4701 Sfmt 4702 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.133</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 BILLING CODE 4333–15–C (21) Unit FL–16: Don Pedro and Little Gasparilla Islands, Charlotte County, Florida. (i) Unit FL–16 consists of approximately 186 ac (75 ha) of Gulf of Mexico shoreline of beach, dune, and coastal vegetation on Don Pedro and Little Gasparilla Islands. The unit extends from the southern side of Stump Pass to the northern side of Gasparilla Pass and includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 20 ac (8 ha) in State ownership and 166 ac (67 ha) in private/other ownership. (ii) Map of Unit FL–16 is provided at paragraph (20)(ii) of this entry. (22) Unit FL–17: Manasota Key, Charlotte and Sarasota Counties, Florida. (i) Unit FL–17 consists of approximately 164 ac (66 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation on Manasota Key from the MHWL to the toe of the secondary dune or developed structures. The unit comprises three PO 00000 Frm 00170 Fmt 4701 Sfmt 4702 segments (excluding intervening areas with primarily hardened structures that lack sand features) from approximately 0.1 mi (0.2 km) south of Harbor Drive South to the northern side of Stump Pass. The northern segment extends from approximately 0.1 mi (0.2 km) south of Harbor Drive South to approximately 6.4 mi (10.3 km) south. The middle segment begins approximately 0.5 mi (0.8 km) north of the parking area at Blind Pass Park and extends south to approximately 170 feet (52 meters) south of the Charlotte– E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.134</GPH> 46544 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules BILLING CODE 4333–15–C (23) Unit FL–18: Casey and Siesta Keys, Sarasota County, Florida. (i) Unit FL–18 consists of approximately 114 ac (46 ha) of Gulf of Mexico shoreline of beach, dune, and coastal vegetation from approximately VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 State ownership, 46 ac (19 ha) in local government ownership, and 93 ac (37 ha) in private/other ownership. (ii) Map of Units FL–17 and FL–18 follows: Figure 14 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (22)(ii) BILLING CODE 4333–15–P 0.9 mi (1.4 km) south of the Point O’Rocks southward to the northern side of Venice Inlet. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures and is divided into three segments to PO 00000 Frm 00171 Fmt 4701 Sfmt 4702 exclude areas with primarily hardened structures that lack sand features. The northern segment begins at approximately 0.9 mi (1.4 km) south of the Point O’Rocks and continues southward approximately 3.8 mi (6.1 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.135</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Sarasota County boundary. The southern segment begins approximately 2.9 mi (4.7 km) north of Stump Pass and extends south to the northern side of Stump Pass. Lands within this unit include approximately 25 ac (10 ha) in 46545 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 km) to the northern side of Venice Inlet. The middle segment begins approximately 0.35 mi (0.56 km) north of Blackburn Point Road and extends south for 0.15 mi (0.24 km). The southern segment begins approximately 0.3 mi (0.5 km) south of Blackburn Point Road and extends southward to the northern side of Venice Inlet. Lands within this unit include approximately 30 ac (12 ha) in local government ownership and 84 ac (34 ha) in private/ other ownership. VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (ii) Map of Unit FL–18 is provided at paragraph (22)(ii) of this entry. (24) Unit FL–19: Cape St. George and St. George Island, Franklin County, Florida. (i) Unit FL–19 consists of approximately 815 ac (330 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation on Cape St. George and St. George Island from the eastern side of West Pass to the western boundary of Dr. Julian G. Bruce St. George Island State Park. This unit PO 00000 Frm 00172 Fmt 4701 Sfmt 4725 includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 545 ac (221 ha) in State ownership and 270 ac (109 ha) in private/other ownership. (ii) Map of Unit FL–19 follows: BILLING CODE 4333–15–P Figure 15 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (24)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.136</GPH> 46546 46547 (25) Unit FL–20: St. Joseph Peninsula, Gulf County, Florida. (i) Unit FL–20 consists of approximately 622 ac (252 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation from the northern end of the island at St. Joe Point south to the boundary of Eglin Air Force Base on Cape San Blas. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 466 ac (189 ha) in State ownership, 2 ac (1 ha) in local government ownership, and 154 ac (62 ha) in private/other ownership. (ii) Map of Unit FL–20 follows: (26) Unit FL–21: Inlet Beach, Walton County, Florida. (i) Unit FL–21 consists of approximately 93 ac (37 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation from the eastern boundary of Deer Lake State Park to the western boundary of Camp Helen State Park. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands in this unit include 7 ac (3 ha) in local government ownership and 86 ac (34 ha) in private/other ownership. (ii) Map of Unit FL–21 follows: VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00173 Fmt 4701 Sfmt 4702 Figure 16 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (25)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.137</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46548 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (27) Unit FL–22: Topsail Hill Preserve State Park, Walton County, Florida. (i) Unit FL–22 consists of approximately 165 ac (67 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation within the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 boundaries of Topsail Hill Preserve State Park. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit are entirely in State ownership. PO 00000 Frm 00174 Fmt 4701 Sfmt 4702 (ii) Map of Unit FL–22 follows: Figure 18 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (27)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.138</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Figure 17 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (26)(ii) (28) Unit FL–23: Gulf Islands National Seashore, Escambia County, Florida. (i) Unit FL–23 consists of approximately 334 ac (135 ha) of the Gulf of Mexico shoreline that includes beach, dune, and coastal vegetation from the western boundary of the University of West Florida beach VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 property to the eastern boundary of the Gulf Islands National Seashore at the Escambia–Santa Rosa County boundaries. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Lands within this unit include approximately 316 ac (128 ha) in PO 00000 Frm 00175 Fmt 4701 Sfmt 4702 46549 Federal ownership and 17 ac (7 ha) in State ownership. (ii) Map of Unit FL–23 follows: Figure 19 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (28)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.139</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (29) Unit PR–01: Mona Island, Puerto Rico. (i) Unit PR–01 consists of approximately 66 ac (27 ha) of beach and coastal vegetation along the southern half shoreline of Mona Island, Puerto Rico, in the Caribbean Sea. The VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 unit begins at the Playa Sardinera camp area in the west, moving south and then east to Playa Pajaros, just south of the Mona Island Lighthouse. The unit includes lands from the MHWL to the toe of the secondary dune or developed PO 00000 Frm 00176 Fmt 4701 Sfmt 4702 structures. Lands within this unit are entirely commonwealth-owned. (ii) Map of Unit PR–01 follows: Figure 20 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (29)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.140</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46550 (30) Unit PR–02: Guayama, Puerto Rico. (i) Unit PR–02 consists of approximately 23 ac (9 ha) of beach and coastal vegetation along the southern coastline on the Guayama Municipality of Puerto Rico on the Caribbean Sea. This unit includes three separate beach VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 segments (from east to west)—Las Mareas, Los Limones, and Pozuelo— along the shoreline of Punta Ola Grande (i.e., Las Mareas) and moving west towards Punto Pozuelo Point along the coast. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands PO 00000 Frm 00177 Fmt 4701 Sfmt 4702 46551 within this unit are under commonwealth ownership, although a small amount of the upland area may be under private ownership. (ii) Map of Unit PR–02 follows: Figure 21 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (30)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.141</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (31) Unit PR–03: Maunabo, Puerto Rico. (i) Unit PR–03 consists of approximately 24 ac (10 ha) of beach and coastal vegetation along the southeastern coastline on the Maunabo Municipality of Puerto Rico on the Caribbean Sea. This unit includes two VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 separate beach segments—California and Punta Tuna—just west (i.e., California) and east (i.e., Punta Tuna) of the Punta Tuna Lighthouse at the end of Road PR–760. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are under PO 00000 Frm 00178 Fmt 4701 Sfmt 4702 commonwealth ownership, although a small amount of the upland area of the California Beach segment may be under private ownership. (ii) Map of Unit PR–03 follows: Figure 22 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (31)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.142</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46552 (32) Unit VPR–01: Campana, Vieques Island, Puerto Rico. (i) Unit VPR–01 consists of approximately 11 ac (4 ha) of beach and coastal vegetation along the north shoreline of Vieques Island, Puerto Rico, VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 on the Caribbean Sea. This unit includes five beach segments in between Punta Cabellos Colorados and just west of Punta Brigadier. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. PO 00000 Frm 00179 Fmt 4701 Sfmt 4702 46553 All lands within this unit are under Federal ownership. (ii) Map of Unit VPR–01 follows: Figure 23 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (32)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.143</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (33) Unit VPR–02: Puerto Diablo, Vieques Island, Puerto Rico. (i) Unit VPR–02 consists of approximately 15 ac (6 ha) of beach and coastal vegetation along the north shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 eight beach segments starting approximately 1 mi (1.6 km) east of Punta Goleta and along Puerto Diablo and continuing up to Punta Icacos. The unit includes lands from the MHWL to the toe of the secondary dune or PO 00000 Frm 00180 Fmt 4701 Sfmt 4702 developed structures. All lands within this unit are under Federal ownership. (ii) Map of Unit VPR–02 follows: Figure 24 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (33)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.144</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46554 (34) Unit VPR–03: Vieques East, Vieques Island, Puerto Rico. (i) Unit VPR–03 consists of approximately 17 ac (7 ha) of beach and coastal vegetation along the northeast to southeast shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes six beach segments (from VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 west to east) along Bahı´a Salinas (Fosil Beach); east of Punta Salinas, including Barco Beach, Brava Beach, and Blanca Beach; and approximately less than 1 mi (1.6 km) south towards Tamarindo Sur Beach. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands PO 00000 Frm 00181 Fmt 4701 Sfmt 4702 46555 within this unit are under Federal ownership. (ii) Map of Unit VPR–03 follows: Figure 25 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (34)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.145</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (35) Unit VPR–04: Fanduca to Conejo, Vieques Island, Puerto Rico. (i) Unit VPR–04 consists of approximately 23 ac (9 ha) of beach and coastal vegetation along the southeast shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 comprises eight segments (west to east) including at Bahia Fanduca Beach, Bahia Yoye Beach, two segments at Bahia Jalova Beach, Punta Matias Beach, and three segments along Conejo Beach just west of Bahia Salinas del Sur. The unit includes lands from the MHWL to PO 00000 Frm 00182 Fmt 4701 Sfmt 4702 the toe of the secondary dune or developed structures. All lands within this unit are under Federal ownership. (ii) Map of Unit VPR–04 follows: Figure 26 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (35)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.146</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46556 (36) Unit VPR–05: La Chiva, Vieques Island, Puerto Rico. (i) Unit VPR–05 consists of approximately 10 ac (4 ha) of beach and coastal vegetation along the south shoreline of Vieques Island, Puerto Rico, VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 on the Caribbean Sea. This unit comprises two beach segments within Bahia La Chiva just west of Punta Conejo. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands PO 00000 Frm 00183 Fmt 4701 Sfmt 4702 46557 within this unit are under Federal ownership. (ii) Map of Unit VPR–05 follows: Figure 27 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (36)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.147</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (37) Unit VPR–06: Sun Bay, Vieques Island, Puerto Rico. (i) Unit VPR–06 consists of approximately 13 ac (5 ha) of beach and coastal vegetation along the south shoreline of Vieques Island, just east of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 the town of Esperanza within Sun Bay on Vieques Island, Puerto Rico, on the Caribbean Sea. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. PO 00000 Frm 00184 Fmt 4701 Sfmt 4702 All lands within this unit are commonwealth-owned. (ii) Map of Unit VPR–06 follows: Figure 28 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (37)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.148</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46558 (38) Unit VPR–07: Vieques Southwest, Vieques Island, Puerto Rico. (i) Unit VPR–07 consists of approximately 48 ac (19 ha) of beach and coastal vegetation along the southwest shoreline of Vieques Island, Puerto Rico, on the Caribbean Sea. This unit comprises two segments in the southwestern edge of the Vieques NWR, one extending approximately 3 mi (5 VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 km) west of Punta Vaca, and a second segment starting less than 1 mi (less than 1 km) east of Punta Vaca and extending approximately 2 mi (3 km) east just south of Laguna Playa Grande. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. Approximately 44 ac (18 ha) of lands within this unit are under Federal ownership, and PO 00000 Frm 00185 Fmt 4701 Sfmt 4702 46559 approximately 4 ac (1 ha) are under commonwealth ownership, although a small amount of the upland area may be under private ownership. (ii) Map of Unit VPR–07 follows: Figure 29 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS paragraph (38)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.149</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules BILLING CODE 4333–15–C ddrumheller on DSK120RN23PROD with PROPOSALS2 Green Sea Turtle (Chelonia mydas), South Atlantic DPS (1) Within the South Atlantic distinct population segment (DPS) of the green sea turtle, critical habitat units are depicted for the Island of St. Croix within the Territory of the U.S. Virgin Islands on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of green sea turtle consist of the following components: VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 (i) Extra-tidal or dry sandy beaches from the mean high water line—the line on a chart or map that represents the intersection of the land with the water surface at the elevation of mean high water line—to areas of beach landward of the mean high water line and which contain the characteristics set forth in paragraphs (2)(i) through (iii) of this entry. These beaches include: (A) Habitat for green turtles to transit across beaches and for nest placement that includes: PO 00000 Frm 00186 Fmt 4701 Sfmt 4702 (1) Relatively unimpeded wet and dry sand or nearshore access areas from the ocean to the beach for nesting females and from the beach to the ocean for both post-nesting females and hatchlings; and (2) Drier sand areas located above mean high water in the supralittoral zone to avoid being inundated frequently by high tides. (B) Sand substrate that: (1) Allows for suitable nest construction; E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.150</GPH> 46560 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 (2) Is suitable for facilitating gas diffusion conducive to embryo development; (3) Can develop and maintain temperatures and a moisture content conducive to embryo development; and (4) Allows for emergence of hatchlings from eggshells, through sand substrate to the beach surface. (ii) Nesting beach habitat with sufficient darkness such that nesting turtles are not deterred from emerging onto the beach and hatchlings and postnesting females can orient to the sea. (iii) Natural coastal processes or artificially created or maintained habitat mimicking natural conditions. This includes artificial habitat types that mimic natural conditions described in paragraphs (2)(i) and (ii) of this entry for beach access, nest site selection, nest construction, egg deposition and VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 incubation, and hatchling emergence and movement to the sea. (3) Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads and other paved areas, abandoned military structures, and hardened shorelines) and the land on which they are located existing within the legal boundaries on the effective date of the final rule. (4) Data layers defining map units were created using green sea turtle distribution data provided by multiple local and regional sources as available (e.g., reports, databases, and data submitted by State and Federal partners and nonprofit organizations across the range of the species). Landforms were primarily delineated based on the most current available aerial maps. The maps in this entry, as modified by any PO 00000 Frm 00187 Fmt 4701 Sfmt 4702 46561 accompanying regulatory text, establish the boundaries of the terrestrial critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the USFWS’s internet site at https:// www.fws.gov/office/florida-ecologicalservices/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS–R4–ES–2022–0164, and at the two field offices responsible for this designation. You may obtain field office location information by contacting one of the USFWS regional offices, the addresses of which are listed at 50 CFR 2.2. (5) Index map follows: BILLING CODE 4333–15–P Figure 1 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (5) E:\FR\FM\19JYP2.SGM 19JYP2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (6) Unit USVI–01: Sandy Point National Wildlife Refuge, St. Croix, U.S. Virgin Islands. (i) Unit USVI–01 consists of approximately 37 acres (ac) (15 hectares (ha)) of beach and coastal vegetation along the Westend Peninsula shoreline within the Sandy Point National Wildlife Refuge (NWR) on the southwest VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 point of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. It also includes a contiguous beach area just outside of the NWR on the northernmost boundary, on the shore of the Fredericksted pool area at the end of Veterans Shore Drive. The unit includes lands from the mean high water line (MHWL) to the toe of the secondary dune or developed structures. PO 00000 Frm 00188 Fmt 4701 Sfmt 4702 Lands within this unit include approximately 35 ac (14 ha) in Federal ownership and 2 ac (1 ha) in territory ownership. (ii) Map of Unit USVI–01 follows: Figure 2 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (6)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.151</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46562 (7) Unit USVI–02: Long Point Bay, St. Croix, U.S. Virgin Islands. (i) Unit USVI–02 consists of approximately 9 ac (4 ha) of mostly undeveloped beach and coastal vegetation along the southwestern shoreline of Long Point Bay just west of VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Long Point on St. Croix, U.S. Virgin Islands, in the Caribbean Sea, and east of the Sandy Point NWR (Unit USVI–01) along the southern shoreline. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are PO 00000 Frm 00189 Fmt 4701 Sfmt 4702 46563 in territory ownership, although a small amount of the upland area may be under private ownership. (ii) Map of Unit USVI–02 follows: Figure 3 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (7)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.152</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (8) Unit USVI–03: St. Croix South, St. Croix, U.S. Virgin Islands. (i) Unit USVI–03 consists of beach and coastal vegetation along the southcentral shoreline of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit comprises two beach VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 segments: east of the oil refinery between Vagthus Point along Manchenil Bay, and along Halfpenny Bay west of Ferral Point. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory PO 00000 Frm 00190 Fmt 4701 Sfmt 4702 ownership, although a small amount of the upland area may be under private ownership. (ii) Map of Unit USVI–03 follows: Figure 4 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (8)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.153</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46564 (9) Unit USVI–04: East End, St. Croix, U.S. Virgin Islands. (i) Unit USVI–04 consists of 16 ac (6 ha) of mostly undeveloped beach and coastal vegetation along the shoreline from Grapetree Point in the southeast towards the northeast to Romney Point on St. Croix, U.S. Virgin Islands, in the Caribbean Sea. The unit includes six VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 beach segments (starting on the southeast of Grapetree Point) to the west end of Grapetree Bay, along Jack’s Bay, along Isaac’s Bay, along East End Bay, along Whale Point Bay, and along Knight’s Bay. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory PO 00000 Frm 00191 Fmt 4701 Sfmt 4702 46565 ownership, although a small amount of the upland area may be under private ownership. (ii) Map of Unit USVI–04 follows: Figure 5 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (9)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.154</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (10) Unit USVI–05: Chenay to Coakley, St. Croix, U.S. Virgin Islands. (i) Unit USVI–05 consists of 15 ac (6 ha) of mostly undeveloped beach and coastal vegetation along the shoreline from the Southgate Coastal Reserve just west of the Green Cay Marina to Wismenog Point, St. Croix, U.S. Virgin VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 Islands, in the Caribbean Sea. This unit comprises three beach segments along Chenay Bay, Prune Bay, and Coakley Bay. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory ownership, although a small amount of PO 00000 Frm 00192 Fmt 4701 Sfmt 4702 the upland area may be under private ownership. (ii) Map of Unit USVI–05 follows: Figure 6 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (10)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.155</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46566 (11) Unit USVI–06: Buccaneer, St. Croix, U.S. Virgin Islands. (i) Unit USVI–06 consists of 6 ac (2 ha) of beach and coastal vegetation along the shoreline on the north coast of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit comprises two VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 beach segments along Beauregard Bay just north of Altona Lagoon and along Whistle Beach just east of Shoy Point. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory PO 00000 Frm 00193 Fmt 4701 Sfmt 4702 46567 ownership, although a small amount of the upland area may be under private ownership. (ii) Map of Unit USVI–06 follows: Figure 7 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (11)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.156</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules (12) Unit USVI–07: Judith’s Fancy, St. Croix, U.S. Virgin Islands. (i) Unit USVI–07 consists of 3 ac (1 ha) of beach and coastal vegetation along the north shoreline within the Judith’s Fancy Estate just east of Salt VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 River Bay on St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit includes lands from the MHWL to the toe of the secondary dune or developed structures. All lands within this unit are in territory ownership, although a small PO 00000 Frm 00194 Fmt 4701 Sfmt 4702 amount of the upland area may be under private ownership. (ii) Map of Unit USVI–07 follows: Figure 8 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (12)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.157</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 46568 (13) Unit USVI–08: Buck Island Reef National Monument, St. Croix, U.S. Virgin Islands. (i) Unit USVI–08 consists of 12 ac (5 ha) of undeveloped beach and coastal vegetation along the shoreline of Buck Island approximately 2 mi (3 km) off the VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 northeast coast of St. Croix, U.S. Virgin Islands, in the Caribbean Sea. The unit includes lands from the MHWL to the toe of the secondary dune or developed structures from the island’s North Shore on the northwest and moving south towards West Beach, South Shore, and PO 00000 Frm 00195 Fmt 4701 Sfmt 4702 46569 Turtle Bay. Lands within this unit are all in Federal ownership. (ii) Map of Unit USVI–08 follows: Figure 9 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS paragraph (13)(ii) E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.158</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules 46570 * * Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Proposed Rules * * * Martha Williams, Director, U.S. Fish and Wildlife Service. [FR Doc. 2023–14225 Filed 7–18–23; 8:45 am] VerDate Sep<11>2014 21:43 Jul 18, 2023 Jkt 259001 PO 00000 Frm 00196 Fmt 4701 Sfmt 9990 E:\FR\FM\19JYP2.SGM 19JYP2 EP19JY23.159</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 BILLING CODE 4333–15–C

Agencies

[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Proposed Rules]
[Pages 46376-46570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14225]



[[Page 46375]]

Vol. 88

Wednesday,

No. 137

July 19, 2023

Part II





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for Green Sea Turtle; Proposed Rule

Federal Register / Vol. 88 , No. 137 / Wednesday, July 19, 2023 / 
Proposed Rules

[[Page 46376]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2022-0164; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BG81


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Green Sea Turtle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; announcement of public hearings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), 
propose to designate critical habitat for five distinct population 
segments (DPSs) of the green sea turtle (Chelonia mydas) under the 
Endangered Species Act of 1973, as amended (ESA or Act). The five DPSs 
include the federally threatened North Atlantic, South Atlantic, and 
Central North Pacific DPSs and the federally endangered Central South 
Pacific and Central West Pacific DPSs. In total, approximately 8,870 
acres (ac) (3,590 hectares (ha)) are proposed across 101 units in the 
States of Florida and Hawai[revaps]i; the territories of the U.S. 
Virgin Islands, American Samoa, and Guam; the commonwealths of Puerto 
Rico and the Northern Mariana Islands, and two USFWS-managed areas 
(Midway Islands and Palmyra Atoll). We also announce five public 
informational meetings and public hearings and the availability of a 
draft economic analysis of the proposed critical habitat designation 
for the terrestrial areas included in this proposed rule. Elsewhere in 
today's Federal Register, the National Marine Fisheries Service (NMFS) 
is also proposing to designate specific areas in the marine environment 
as critical habitat for DPSs of the green sea turtle.

DATES: 
    Public informational meetings and public hearings: We will hold 
five public informational meetings followed by public hearings on:
    (1) Central North Pacific DPS--Hawai[revaps]i: August 10, 2023, 
from 6 p.m. to 8 p.m., Hawai[revaps]i-Aleutian time;
    (2) Central South Pacific DPS--Tutuila: August 16, 2023, from 6 
p.m. to 8 p.m., Samoan time;
    (3) Central West Pacific DPS--Guam: August 21, 2023, from 6 p.m. to 
8 p.m., Chamorro time;
    (4) Central West Pacific DPS--Saipan: August 23, 2023, from 6 p.m. 
to 8 p.m., Chamorro time;
    (5) North and South Atlantic DPSs--Florida, Puerto Rico and U.S. 
Virgin Islands: August 29, 2023, from 6 p.m. to 8 p.m., eastern time.
    Comment submission: We will accept comments received or postmarked 
on or before October 17, 2023. Comments submitted electronically using 
the Federal eRulemaking Portal (see ADDRESSES, below) must be received 
by 11:59 p.m. eastern time on the closing date.

ADDRESSES: 
    Public informational meetings and public hearings:
     For the Central North Pacific DPS, the North Atlantic DPS, 
and the South Atlantic DPS: We are holding public informational 
meetings and public hearings via the Zoom online video platform and via 
teleconference so that participants can attend remotely.
     For the Central South Pacific DPS and Central West Pacific 
DPS: We are holding public informational meetings and public hearings 
in-person on Tutuila (Central South Pacific DPS), Guam (Central West 
Pacific DPS), and Saipan (Central West Pacific DPS).
    For additional information, see Public Hearings, below, under 
SUPPLEMENTARY INFORMATION.
    Comment submission: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R4-ES-2022-0164, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R4-ES-2022-0164, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: Supporting materials (such as 
the draft economic analysis and supporting Methodology document) are 
available on the USFWS's website at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle, at https://www.regulations.gov at Docket No. FWS-R4-ES-2022-0164, or both. For the 
proposed critical habitat designation, the coordinates or plot points 
or both from which the maps are generated are included in the decision 
file for this proposed critical habitat designation and are available 
at https://www.regulations.gov at Docket No. FWS-R4-ES-2022-0164 and on 
the USFWS's website at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.

FOR FURTHER INFORMATION CONTACT: For the Central North Pacific, Central 
South Pacific, and Central West Pacific DPSs: Earl W. Campbell, Project 
Leader, U.S. Fish and Wildlife Service, Pacific Islands Fish and 
Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 
96850; by telephone 808-792-9400. For the North Atlantic and South 
Atlantic DPSs: Lourdes Mena, Classification and Recovery Division 
Manager, U.S. Fish and Wildlife Service, Florida Ecological Services 
Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; 
by telephone 904-731-3134. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, when we determine 
that any species warrants listing as an endangered or threatened 
species, we are required to designate critical habitat, to the maximum 
extent prudent and determinable. Designations of critical habitat can 
be completed only by issuing a rule through the Administrative 
Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
    What this document does. This document proposes specific areas in 
the terrestrial environment as critical habitat for five DPSs of green 
sea turtle (hereafter referred to as ``green turtle''), which is a 
circumglobal reptile that is listed as a threatened species in the 
North Atlantic, South Atlantic, and Central North Pacific DPSs, and 
listed as an endangered species in the Central South Pacific and 
Central West Pacific DPSs. The proposed critical habitat areas occur in 
portions of two States (Florida and Hawai[revaps]i), three U.S. 
territories (U.S. Virgin Islands, American Samoa, and Guam), two U.S.

[[Page 46377]]

commonwealths (Puerto Rico and Northern Mariana Islands), and two areas 
(Midway Islands and Palmyra Atoll) administered by the Department of 
the Interior's USFWS Refuge System.
    The basis for our action. Section 4(a)(3) of the Act requires the 
Secretary of the Interior (Secretary), to the maximum extent prudent 
and determinable, to designate critical habitat concurrent with 
listing. Section 3(5)(A) of the Act defines critical habitat 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 protections; 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. 
Section 4(b)(2) of the Act states that the Secretary must make the 
designation 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 impacts of specifying any 
particular area as critical habitat.

Acronyms and Abbreviations Used in This Proposed Rule

    For the convenience of the reader, listed below are some of the 
acronyms and abbreviations used in this proposed rule:

Act = Endangered Species Act
BAFS = Bellows Air Force Station
CNMI = Commonwealth of the Northern Mariana Islands
Corps = U.S. Army Corps of Engineers
DEA = draft economic analysis
DHS = Department of Homeland Security
DLNR = Department of Land and Natural Resources
DNER = Department of Natural and Environmental Resources
DoD = Department of Defense
DPS = distinct population segment
FDEP = Florida Department of Environmental Protection
GDoAg = Guam Department of Agriculture
GIS = geographic information system
GTM = Guana Tolomato Matanzas
HCP = habitat conservation plan
HDLNR = Hawai[revaps]i Department of Land and Natural Resources
HDOFAW = Hawai[revaps]i Division of Forestry and Wildlife
HDSP = Hawai[revaps]i Division of State Parks
IEM = incremental effects memorandum
INRMP = integrated natural resources management plan
IPCC = Intergovernmental Panel on Climate Change
MHWL = mean high-water line
NMFS = National Marine Fisheries Service
NOAA = National Oceanic and Atmospheric Administration
NPS = U.S. National Park Service
NWR = National Wildlife Refuge
PBF = physical or biological features
Service and USFWS = U.S. Fish and Wildlife Service
SSA = species status assessment
TNC = The Nature Conservancy
USCCSP = U.S. Climate Change Science Program
STXEEMP = St. Croix East End Marine Park
USGS = U.S. Geological Survey
UXO = unexploded ordnance

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other governmental agencies, Native 
American Tribes, the scientific community, industry, or any other 
interested parties concerning this proposed rule. We particularly seek 
comments concerning:
    (1) Specific information on:
    (a) The amount and distribution of green turtle basking habitat in 
the Central North Pacific DPS and nesting habitat in all five DPSs;
    (b) Any additional areas occurring within the range of the five 
DPSs of green turtles that should be included in the designation 
because they (i) are occupied at the time of listing and contain the 
physical or biological features (PBFs) that are essential to the 
conservation of the species and that may require special management 
considerations, or (ii) are unoccupied at the time of listing and are 
essential for the conservation of the species;
    (c) The boundaries of specific areas and proposed critical habitat 
units;
    (d) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change; and
    (e) Whether occupied areas are adequate for the conservation of the 
species, as this will help us evaluate the potential to include areas 
not occupied at the time of listing. Additionally, please provide 
specific information regarding whether or not unoccupied areas would, 
with reasonable certainty, contribute to the conservation of the 
species and contain at least one PBF essential to the conservation of 
the species. We also seek comments or information regarding whether 
areas not occupied at the time of listing qualify as habitat for the 
species.
    (2) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat, 
including information regarding the types of Federal actions that may 
trigger an ESA section 7 consultation and potential conservation 
measures to avoid and minimize impacts to the critical habitat 
designation that are different from those to avoid and minimize impacts 
to the species.
    (3) Information on the projected impacts of climate change on the 
green turtle's proposed critical habitat.
    (4) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation, and the related benefits of including or excluding 
specific areas.
    (5) Information on the extent to which the description of probable 
economic impacts in the draft economic analysis (DEA) is a reasonable 
estimate of the likely economic impacts, including:
    (a) Whether any data used in the economic analysis needs to be 
updated;
    (b) Additional costs arising specifically from the designation of 
critical habitat that have not been identified in the DEA or improved 
cost estimates for activities that are included in the DEA;
    (c) Information on the potential for incremental costs to occur 
outside of the section 7 consultation process. These types of costs may 
include triggering additional requirements or project modifications 
under other laws or regulations, and perceptional effects on markets; 
and,
    (d) Information on non-Federal entities that receive Federal 
funding, assistance, or permits, or that otherwise require approval or 
authorization from a Federal agency for an action, that may be 
indirectly impacted by the designation of critical habitat.
    (6) Whether any specific areas we are proposing for critical 
habitat designation should be considered for exclusion under section 
4(b)(2) of the Act, and whether the benefits of potentially excluding 
any specific area outweigh the benefits of including that area under 
section 4(b)(2) of the Act, in particular those based on a conservation 
program or plan, and why. These may include Tribal, State/Territory/
Commonwealth, county, local, or private lands with permitted 
conservation plans covering the species in the area such as habitat 
conservation plans, safe harbor agreements, or conservation easements, 
or non-permitted conservation agreements and partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. If 
you think we should exclude any additional areas, please provide 
information supporting a

[[Page 46378]]

benefit of exclusion. Detailed information regarding these plans, 
agreements, easements, and partnerships is also requested, including:
    (a) The location and size of lands covered by the plan, agreement, 
easement, or partnership;
    (b) The duration of the plan, agreement, easement, or partnership;
    (c) Who holds or manages the land;
    (d) What management activities are conducted;
    (e) What land uses are allowable; and
    (f) If management activities are beneficial to the green turtle and 
its habitat.
    (7) Information on any specific areas that we have identified as 
``uncategorized'' land ownership in the three Pacific DPSs, or any 
information on possible private lands ownership in the South Atlantic 
DPS or within Puerto Rico in the North Atlantic DPS that may currently 
be included within territory ownership.
    (8) Whether the benefits of exclusion outweigh the benefits of 
inclusion as critical habitat for lands within the Indian River County 
Habitat Conservation Plan (HCP) that are considered for exclusion under 
section 4(b)(2) of the Act in this proposed rule.
    (9) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(2) of 
the Act directs that the Secretary shall designate critical habitat on 
the basis of the best scientific data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES. Please note 
that we will address, in the USFWS's final rule, only those comments 
directly related to the terrestrial areas (i.e., basking habitat in the 
Central North Pacific DPS, and nesting habitat in the Central North 
Pacific, Central South Pacific, Central West Pacific, North Atlantic, 
and South Atlantic DPSs) that are described in this proposed critical 
habitat designation. Any comments related to NMFS's proposed critical 
habitat designation of the green turtle's marine environment, which 
published elsewhere in today's Federal Register, should be provided to 
NMFS (available on the internet at https://www.regulations.gov, NOAA-
NMFS-2023-0087).
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Our final determination may differ from this proposal because we 
will consider all comments we receive during the comment period related 
to the proposed critical habitat designation in the terrestrial 
environment as well as any information that may become available after 
this proposal. Based on the new information we receive (and any 
comments on that new information), our final designation may not 
include all areas proposed, may include some additional areas that meet 
the definition of critical habitat, or may exclude some areas if we 
find the benefits of exclusion outweigh the benefits of inclusion and 
exclusion will not result in the extinction of the species. In our 
final rule, we will clearly explain our rationale and the basis for our 
final decision, including why we made changes, if any, that differ from 
this proposal.

Public Hearings

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. At this time, we have preemptively scheduled 
five public informational meetings and public hearings on this proposed 
rule. Each of these meetings will include both USFWS and NMFS, 
providing opportunities for participation regarding both our proposed 
critical habitat in the terrestrial environment (as described in this 
document) and the corresponding proposed critical habitat in the marine 
environment that NMFS has published elsewhere in today's Federal 
Register (see https://www.regulations.gov, NOAA-NMFS-2023-0087). We 
will hold the public informational meetings and public hearings on the 
dates and at the times listed above under Public informational meetings 
and public hearings in DATES.
     For the Central North Pacific DPS, the North Atlantic DPS, 
and the South Atlantic DPS: We are holding public informational 
meetings and public hearings via the Zoom online video platform and via 
teleconference so that participants can attend remotely. For security 
purposes, registration is required. You must register in order to 
listen and view a hearing via Zoom, listen to the hearing by telephone, 
or provide oral public comments at a public hearing by Zoom or 
telephone. For information on how to register, or if remote 
participants encounter problems joining Zoom the day of the hearing(s), 
visit https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle. Registrants will receive the Zoom link and the 
telephone number for the public hearing that they request to attend. If 
applicable, interested members of the public not familiar with the Zoom 
platform should view the Zoom video tutorials (https://learn-zoom.us/show-me) prior to the public hearing.
     For the Central South Pacific DPS and Central West Pacific 
DPS: We are holding public informational meetings and public hearings 
in-person on Tutuila (Central South Pacific DPS), Guam (Central West 
Pacific DPS), and Saipan (Central West Pacific DPS). For information on 
meeting locations, visit https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.
    The public hearings will provide interested parties an opportunity 
to present verbal testimony (formal, oral comments) regarding this 
proposed rule to designate critical habitat within basking habitat 
areas (only within the Central North Pacific DPS) and nesting habitat 
areas in all the DPSs (i.e., only the terrestrial environment used by 
green turtles). Informational meetings will be held prior to each 
public hearing for each of the DPSs. While public informational 
meetings will be opportunities for dialogue with the USFWS and NMFS, 
the public hearings are not. Rather, a public hearing is a forum for 
accepting formal verbal testimony. In the event there is a large 
attendance, the time allotted for oral statements may be limited. 
Therefore, anyone wishing to make an oral statement at a public hearing 
for the record is encouraged to provide a prepared written copy of 
their statement to us through the Federal eRulemaking

[[Page 46379]]

Portal, or U.S. mail (see ADDRESSES, above). There are no limits on the 
length of written comments submitted to us. Anyone wishing to make an 
oral statement at a public hearing must register before the hearing at 
https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle. The use of virtual public hearings is consistent with our 
regulations at 50 CFR 424.16(c)(3).

Reasonable Accommodation

    The USFWS is committed to providing access to the public 
informational meetings and public hearings for all participants. The 
virtual public informational meetings and public hearings held for the 
Central North Pacific DPS, the North Atlantic DPS, and the South 
Atlantic DPS will make closed captioning available during the meetings 
and hearings, and a full audio and video recording and transcript will 
be posted online at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle. Additionally, participants will also 
have access to live audio during these public informational meetings 
and public hearings via their telephone or computer speakers. For the 
in-person public informational meetings and public hearings held for 
the Central South Pacific DPS and the Central West Pacific DPS, we will 
provide a transcript to be posted online at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle. Persons with 
disabilities requiring reasonable accommodations to participate in the 
meetings and/or public hearings should contact the relevant person 
listed under FOR FURTHER INFORMATION CONTACT at least 5 business days 
prior to the date of the hearing they wish to attend to help ensure 
availability. An accessible version of the USFWS's public informational 
presentations provided at the beginning of the public informational 
meetings (prior to the public hearings) will also be posted online at 
https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle (see DATES, above). See https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle for more information about 
reasonable accommodation.

Previous Federal Actions

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat for the terrestrial environment 
used by green turtles within the associated DPSs in this document. For 
more information on the taxonomy, biology, and ecology of the green 
turtle or its habitat, refer to the final listing rule for the 11 green 
turtle DPSs published in the Federal Register on April 6, 2016 (81 FR 
20058), available online at https://www.regulations.gov (at Docket No. 
120425024-6232-06). Additionally, for more information on the green 
turtle's habitat in the marine environment, refer to NMFS's proposed 
critical habitat designation for the marine environment that is 
published elsewhere in today's Federal Register at https://www.regulations.gov (NOAA-NMFS-2023-0087).
    On January 8, 2020, the Center for Biological Diversity, Sea Turtle 
Oversight Protection, and Turtle Island Restoration Network 
(Plaintiffs) filed a complaint (Case 1:20-cv-00036) alleging that the 
USFWS and NMFS violated the Act by failing to comply with the statutory 
deadline for designating critical habitat for six DPSs listed on April 
6, 2016 (81 FR 20058). On August 20, 2020, the parties entered into a 
stipulated settlement agreement, which was subsequently approved by the 
Court, whereby the USFWS and NMFS agreed to submit to the Federal 
Register proposed critical habitat designations for the six DPSs at 
issue in the complaint on or before June 30, 2023. In compliance with 
the settlement agreement, this document constitutes the proposed 
critical habitat designation for the five DPSs of green turtle where 
the USFWS has jurisdiction to designate critical habitat.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review of 
listing actions under the Act, we are soliciting independent scientific 
review of this proposed critical habitat designation (including the 
supplemental ``Methodology'' document (USFWS 2023, entire) available on 
the internet at https://www.regulations.gov under Docket No. FWS-R4-ES-
2022-0164 and at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle) to ensure that this proposal is 
based on scientifically sound data and analysis. We have invited peer 
reviewers to comment on our specific assumptions, methodology, and 
science used in this proposed rule, and we will consider any comments 
received, as appropriate, before a final agency determination.

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all or part 
of the species' life cycle, even if not used on a regular basis (e.g., 
migratory corridors, seasonal habitats, and habitats used periodically, 
but not solely, by vagrant individuals).
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that each Federal action agency ensure, in 
consultation with the USFWS, that any action they authorize, fund, or 
carry out is not likely to result in the destruction or adverse 
modification of designated critical habitat. The designation of 
critical habitat does not affect land ownership or establish a refuge, 
wilderness, reserve, preserve, or other conservation area. Such 
designation also does not allow the government or public to access 
private lands. Such designation does not require implementation of 
restoration, recovery, or enhancement measures by non-Federal 
landowners. Rather, designation requires that, where a landowner 
requests Federal agency funding or authorization for an action

[[Page 46380]]

that may affect an area designated as critical habitat, the Federal 
agency consult with the USFWS under section 7(a)(2) of the Act. If the 
action may affect the listed species itself (such as for occupied 
critical habitat), the Federal agency would have already been required 
to consult with the Service even absent the designation because of the 
requirement to ensure that the action is not likely to jeopardize the 
continued existence of the species. Even if the USFWS were to conclude 
after consultation that the proposed activity is likely to result in 
destruction or adverse modification of the critical habitat, the 
Federal action agency and the landowner are not required to abandon the 
proposed activity, or to restore or recover the species; instead, they 
must implement ``reasonable and prudent alternatives'' to avoid 
destruction or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain PBFs (1) which are essential to the conservation of the species 
and (2) which may require special management considerations or 
protection. For these areas, critical habitat designations identify, to 
the extent known using the best scientific and commercial data 
available, those PBFs that are essential to the conservation of the 
species (such as space, food, cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    Our primary sources of information are described in the 2016 final 
listing rule for the 11 DPSs, new information available since that time 
as referenced in this document, as well as our supporting 
``Methodology'' document available on the internet at https://www.regulations.gov at Docket No. FWS-R4-ES-2022-0164 and on the 
USFWS's website at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; the recovery plan(s) for 
the species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of the species. Similarly, critical 
habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, HCPs, or other species 
conservation planning efforts if new information available at the time 
of those planning efforts calls for a different outcome.

Prudency and Determinability

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary shall designate critical habitat at the 
time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that the Secretary 
may, but is not required to, determine that a designation would not be 
prudent in the following circumstances:
    (i) The species is threatened by taking or other human activity and 
identification of critical habitat can be expected to increase the 
degree of such threat to the species;
    (ii) The present or threatened destruction, modification, or 
curtailment of a species' habitat or range is not a threat to the 
species, or threats to the species' habitat stem solely from causes 
that cannot be addressed through management actions resulting from 
consultations under section 7(a)(2) of the Act;
    (iii) Areas within the jurisdiction of the United States provide no 
more than negligible conservation value, if any, for a species 
occurring primarily outside the jurisdiction of the United States;
    (iv) No areas meet the definition of critical habitat; or
    (v) The Secretary otherwise determines that designation of critical 
habitat would not be prudent based on the best scientific data 
available.
    As discussed in the final listing rule published in Federal 
Register (81 FR 20058, April 6, 2016) and reaffirmed here, 
identification and mapping of critical habitat is not expected to 
initiate or increase the threat of collection or vandalism (Factor B) 
of green turtles in the terrestrial environment. The present or 
threatened destruction, modification, or curtailment of habitat or 
range is a threat to green turtles, and those threats in some way can 
be addressed by section 7(a)(2) consultation measures. Additionally, 
although the species is circumglobal and thus occurs outside of the 
United States, the areas within the jurisdiction of the United States 
serve a significant conservation value to the species for each of the 
five DPSs. Our analysis of the best available scientific and commercial 
information indicates there are areas within the range of each of the 
five DPSs in the United States that meet the definition of critical 
habitat. Therefore, because none of the circumstances enumerated in our 
regulations at 50 CFR 424.12(a)(1) have been met and because the 
Secretary has not identified other circumstances for

[[Page 46381]]

which this designation of critical habitat would be not prudent, we 
have determined that the designation of critical habitat is prudent for 
the green turtle. This document addresses the designation of critical 
habitat within the green turtle's terrestrial environment for the five 
DPSs.

Physical or Biological Features Essential to the Conservation of the 
Species

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas we will designate as 
critical habitat from within the geographical area occupied by the 
species at the time of listing, we consider the PBFs that are essential 
to the conservation of the species and which may require special 
management considerations or protection. The regulations at 50 CFR 
424.02 define ``physical or biological features essential to the 
conservation of the species'' as the features that occur in specific 
areas and that are essential to support the life-history needs of the 
species, including, but not limited to, water characteristics, soil 
type, geological features, sites, prey, vegetation, symbiotic species, 
or other features. A feature may be a single habitat characteristic or 
a more complex combination of habitat characteristics. Features may 
include habitat characteristics that support ephemeral or dynamic 
habitat conditions. Features may also be expressed in terms relating to 
principles of conservation biology, such as patch size, distribution 
distances, and connectivity. For example, physical features essential 
to the conservation of the species might include gravel of a particular 
size required for spawning, alkaline soil for seed germination, 
protective cover for migration, or susceptibility to flooding or fire 
that maintains necessary early-successional habitat characteristics. 
Biological features might include prey species, forage grasses, 
specific kinds or ages of trees for roosting or nesting, symbiotic 
fungi, or absence of a particular level of nonnative species consistent 
with conservation needs of the listed species. The features may also be 
combinations of habitat characteristics and may encompass the 
relationship between characteristics or the necessary amount of a 
characteristic essential to support the life history of the species.
    In considering whether features are essential to the conservation 
of the species, we may consider an appropriate quality, quantity, and 
spatial and temporal arrangement of habitat characteristics in the 
context of the life-history needs, condition, and status of the 
species. These characteristics include, but are not limited to, space 
for individual and population growth and for normal behavior; food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, or 
rearing (or development) of offspring; and habitats that are protected 
from disturbance.
    We derive specific PBFs essential for the green turtle's 
terrestrial environment from studies of this species' habitat, ecology, 
and life history as described below. Additional information is in the 
final listing rule published in the Federal Register on April 6, 2016 
(81 FR 20058), and the Status Review of the Green Turtle (Chelonia 
mydas) Under the Endangered Species Act (Seminoff et al. 2015, entire).
    Based on recovery criteria described in the Recovery Plan for U.S. 
Population of Atlantic Green Turtle (NMFS and USFWS 1991, entire), the 
Recovery Plan for U.S. Pacific Populations of the Green Turtle (NMFS 
and USFWS 1998, entire), and the Status Review of the Green Turtle 
(Chelonia mydas) Under the Endangered Species Act (Seminoff et al. 
2015, entire), we have determined that it is important to conserve the 
following terrestrial environments for green turtles:
    (1) Beaches that have the greatest aggregation, numerically, 
considering number of crawls (turtle tracks) counted on a beach, or 
clumping of nests, tracks, crawl occurrences, or numbers of basking 
green turtles determined from a GIS analysis of the best available 
scientific data, or USFWS consideration of records documenting turtle 
nesting and basking activities (the latter only in the Central North 
Pacific DPS) in each of the five DPSs, or the beaches serve as 
internesting habitats with the greatest aggregation of nesting for the 
DPSs, and they are well distributed within each DPS and representative 
of total nesting within the DPS. Additionally, these areas include 
``important nesting'' areas for all DPSs and ``important basking 
areas'' for the Central North Pacific DPS as determined by a review of 
recovery plans, 5-year reviews, and best available science. See also 
our detailed methodology document (USFWS 2023, entire) available as 
supporting material at https://www.regulations.gov at Docket No. FWS-
R4-ES-2022-0164).
    (2) Beaches with the most basking turtles when compared with other 
available beaches in the Central North Pacific DPS.
    (3) Beaches that have a geographic spatial distribution of nesting 
to ensure protection of genetic diversity.
    (4) Beaches that can serve as expansion areas and provide 
sufficient habitat for internesting (i.e., areas that support placement 
of multiple nests by individual turtles along an undefined stretch of 
beach during a nesting season), and basking turtles as populations 
recover.
    Generally, for areas where the greatest nesting occurs (Florida), 
we determined the average nest density (nests/year/kilometer (km)) per 
surveyed beach using a 10-year nesting dataset (2011-2020). Any 
surveyed beach with zero total nests was removed from further analysis. 
Within each management unit, average beach densities were separated 
into quartiles--four parts, each containing a quarter of the density 
values--to develop density classifications. For other areas outside of 
Florida with less available data or infrequent surveys (i.e., all DPSs 
except the Florida portion of the North Atlantic DPS), we conducted 
extensive literature reviews, and obtained and used available survey 
data from states, territories, commonwealths, and other organizations. 
We made determinations based on review of this best available science 
of where the green turtles are aggregating in abundance for nesting and 
basking, designating critical habitat segments along those important 
areas.

Sites for Breeding, Reproduction, or Rearing (or Development) of 
Offspring

    A successful reproductive season for green turtles relies on 
synergism of (1) effects of foraging area ecological conditions on the 
energetics of females (they have gained sufficient nutrition, including 
internal fat stores, to migrate and mobilize fats into eggs), and (2) 
beach environmental conditions facilitating female turtle emergence 
onto and travel across the beach to an area above the high tidelines 
for nest placement. These beaches must be able to support development 
of embryos, hatching of eggs, hatchling emergence from eggs and sand 
substrate, and hatchlings traversing across sand to sea. Female green 
turtles migrate to nesting beaches if the quality and quantity of food 
in foraging areas are sufficient to provide nutritional resources 
needed for resource build-up within individual turtles over time 
required for their reproductive cycle, including migration (Georges et 
al. 1993, p. 2). Foraging likely contributes to increases of neutral, 
or storage sub-carapacial fat, fueling energetically costly migration 
and egg production (Kwan 1994, p. 257). Suitable beach structure for 
digging (Georges et al. 1993, p. 2) and nearby terrestrial internesting 
habitat (i.e., sufficient availability of habitat to

[[Page 46382]]

support turtles nesting multiple times in a season and across different 
select areas of the beach landscape) is also required. Environmental 
surface and subsurface conditions of nesting beaches must favor 
embryonic development and survival (i.e., modest temperature 
fluctuation to allow for temperature-dependent sex determination, 
adequate humidity so eggs are not desiccated, and exchange of water, 
oxygen, and carbon dioxide with other eggs in the clutch and 
surrounding environment (Ackerman 1997, entire; Mrosovsky and Yntema 
1980, p. 276; Mortimer 1982, p. 49; Mortimer 1990, pp. 809 and 811). 
Additionally, hatchlings must emerge to onshore and offshore conditions 
that enhance their chances of survival (e.g., less than 100 percent 
depredation, appropriate offshore currents for dispersal) (Georges et 
al. 1993, p. 2).
    Terrestrial nesting habitat is the supralittoral zone, or area 
above the spring high tide line of beaches (West 2004, p. 572), where 
oviposition (egg laying), embryonic development, hatching, hatchling 
emergence through sand substrate to the beach surface, and the initial 
hatchling transit across the sand to sea occur. For instance, in 
Raudal, Mexico, low-sloped beaches including vegetated dunes where the 
distance between the ocean and the supralittoral zone is no greater 
than 66 feet (ft) (20 meters (m)) are most frequently chosen for 
nesting by green turtles (Zavaleta-Liz[aacute]rraga et al. 2013, p. 
934). On beaches from Patrick Space Force Base southward through the 
Archie Carr National Wildlife Refuge (NWR) in Brevard County, Florida, 
sea turtle nests occur in the sand within a swath greater than 3.3 ft 
(1 m) seaward from the dune line (generally defined where primarily sea 
oat (Uniola paniculata) vegetation is most seaward) and inland over 10 
ft (3 m) from this dune line. Green turtles occasionally will nest on 
dunes. During a 3-year study conducted between 2014-2016, within two 
different study sections of natural beach in Archie Carr NWR, 11.7 
percent and 17.9 percent of the nesting occurrences were on the dune, 
respectively, with the remaining nests placed seaward of the dunes 
(University of Central Florida Marine Turtle Research Group 2016, 
unpublished data; Mansfield 2022, pers. comm.). In an additional study 
during 2016, 30.2 percent of marked green turtle study nests were 
placed landward of the dune line (University of Central Florida Marine 
Turtle Research Group 2016, unpublished data; Mansfield 2022, pers. 
comm.).
    For a beach to serve as nesting habitat, a nesting turtle must be 
able to access it; however, anthropogenic structures (e.g., groins, 
jetties, breakwaters, retaining walls, hardened embankments), as well 
as natural features (e.g., offshore sand bars, hardened shorelines) can 
act as barriers or deterrents to adult females attempting to access a 
beach (Seminoff et al. 2015, p. 93). Adult females approaching nesting 
beaches may encounter these structures and either crawl around them, 
abort nesting for that night, or move to another section of beach to 
nest. Plastic marine debris washed up on highly polluted green turtle 
nesting beaches is a suspected barrier for turtle nesting success (the 
proportion of nesting attempts that result in a nest) and hatchling 
access to the sea and has potential to cause threats including 
entanglement and entrapment (G[uuml]ndo[gbreve]du et al. 2019, p. 143). 
Increasingly abundant, large mats of sargasso macroalgae washed onto 
beaches have been barriers, impeding nesting turtle access on some 
areas of Mexico, Barbados, and Puerto Rico (Ch[aacute]vez et al. 2020, 
p. 2; Langin 2018, p. 1,157). While not a significant concern on other 
beaches (Rodr[iacute]guez-Mart[iacute]nez et al. 2021, pp. 1-7), this 
is an issue requiring further study on effects to green turtles.
    Both nesting and hatchling sea turtles are adversely affected by 
presence of artificial lighting on or near beaches (Witherington and 
Martin 2000, pp. 2-5 and 12-13). Artificial lighting deters adult 
female green turtles from emerging from the ocean to nest, and green 
turtles emerging onto a beach abort nesting attempts at a greater 
frequency in lighted areas (Witherington 1992, pp. 34-37). Because 
adult females rely on visual brightness cues to find their way back to 
the ocean after nesting, those turtles that nest on artificially 
lighted beaches may become disoriented by artificial lighting and have 
difficulty finding their way back to the ocean (Witherington 1992, p. 
38). Hatchling sea turtles have a robust seafinding behavior guided by 
visual cues (e.g., Mrosovsky and Carr 1967, pp. 228-230; Dickerson and 
Nelson 1989, pp. 41-43; Salmon et al. 1992, pp. 72-75; Lohmann et al. 
1997, pp. 110-116; Lohmann and Lohmann 2003, pp. 45-47). Hatchlings 
unable to find the ocean, or delayed in reaching it, due to turtles' 
strong attraction to artificial beachfront lighting visible on the 
nesting beach, are likely to incur high mortality from dehydration, 
exhaustion, or predation (Carr and Ogren 1960, pp. 33-46; Ehrhart and 
Witherington 1987, pp. 97-98; Witherington and Martin 2000, pp. 12-13). 
In general, any artificial light that can be seen from the beach could 
affect sea turtles, particularly if they are directly pointing to the 
nesting area; if the light fixture is not shaded to a certain degree; 
or if the light bulb emits a light below wavelengths that are generally 
amber, orange, or red. Therefore, green turtles need habitat that is 
dark and free from artificial lighting.

Habitats Protected From Disturbance or Representative of the 
Historical, Geographic, and Ecological Distributions of the Species

    Sea turtle nesting habitat is part of the highly dynamic and 
continually shifting coastal system, which includes oceanfront beaches, 
barrier islands, and inlets. These geologically dynamic coastal regions 
are controlled by natural coastal processes, including littoral or 
longshore drift (processes by which sediments move along shorelines), 
onshore and offshore sand transport (natural erosion or accretion 
cycle), and tides and storm surge. These physical processes benefit sea 
turtles by maintaining nesting beaches through repeated cycles of 
destruction, alteration, and recovery of beaches and adjacent dune 
habitats. Coastal processes happen over a wide range of spatial and 
temporal scales. Wind, waves, tides, storms, and stream discharges are 
important driving forces in coastal zones (Dingler 2005, p. 163). Thus, 
it is important that, where it can be allowed, natural processes be 
maintained.
    Coastal dynamic processes will be affected by accelerated sea level 
rise and an increase in intensity of coastal storms resulting from 
climate change. Rates of sea level rise have increased beyond those 
that have occurred over recent millennia and continue to accelerate 
(Intergovernmental Panel on Climate Change (IPCC) 2021, p. 77). Over 
the period 1901 to 2018, global mean sea level rose by 0.7 ft (0.2 m) 
(likely range of 0.5 to 0.8 ft (0.15 to 0.25 m)) (IPCC 2021, p. 77). 
This rate of sea level rise is faster than during any century over the 
previous three millennia (high confidence) (IPCC 2021, p. 77). Expected 
sea level rise will increase the frequency and height of high-water 
events, such as storm surge and high tide flooding, which contributes 
to coastal erosion (Sweet et al. 2022, p. 28). Nationally, the 
frequency of moderate high tide flooding events (approximately 2.8 ft 
(0.85 m) above current mean higher high water) in 2050 is expected to 
be 10 times greater than in 2020 (Sweet et al. 2022, pp. 41-42). Sea 
level rise also contributes to increased wave heights during storm

[[Page 46383]]

events (Sweet et al. 2022, p. 41) risking erosion of exposed beaches. 
Extreme wave heights have increased in the North Atlantic by around 0.3 
inch (in) (0.8 centimeter (cm)) per year over the period 1985 to 2018 
(medium confidence) (IPCC 2019, p. 67).
    Green sea turtles are vulnerable to inundation and erosion of sandy 
beaches, which is typically caused or accelerated by climate-driven sea 
level rise (Fish et al. 2005, entire; Hawkes et al. 2009, entire; 
Poloczanska et al. 2009, p. 167; Seminoff et al. 2015, p. 325; 
Vousdoukas et al. 2020, entire). Shorelines are expected to undergo 
dramatic reconfigurations over the next century because of accelerating 
sea level rise (U.S. Climate Change Science Program (USCCSP) 2009, pp. 
13, 44, 50). Sandy beaches serving as habitat for green turtles will 
likely be locally or regionally inundated or eroded, but replacement 
habitats are likely to re-form along the shoreline in its new position 
(Scavia et al. 2002, p. 152; USCCSP 2009, p. 186). However, if 
shorelines experience a decades-long period of high instability and 
landward migration (i.e., under higher rates of sea level rise), the 
formation rate of new beach habitats may be slower than the rate of 
loss of existing habitats (Iwamura et al. 2013, p. 6). Additionally, 
low-lying and narrow islands, such as those along the U.S. Gulf and 
Atlantic coasts, may disintegrate rather than migrate (Titus 1990, p. 
67; IPCC 2014, p. 15), representing a net loss of green turtle habitat.
    Sea turtles evolved in a dynamic ecosystem, and they are dependent 
upon the ever-changing beach features for their continued survival and 
recovery. Sea turtles require nesting beaches where natural coastal 
processes, or activities that mimic these natural processes, will be 
able to continue well into the future to allow formation of suitable 
beaches for nesting. However, climate-driven change that may be 
accelerated, or result in permanent habitat loss, may present a 
challenge beyond evolutionary adaptations of green turtles and other 
species reliant on these dynamic coastal habitats.
    As climate change is occurring and affecting shorelines, additional 
types of green turtle habitat to consider as important nesting areas 
are artificially created or maintained habitat, including beach 
renourishment and dune restorations, that mimic natural conditions. 
Artificial habitat types mimic natural conditions described above for 
nesting beach access, nest site selection, nest construction, egg 
deposition and incubation, hatchling emergence through the sand 
substrate to the beach surface and movement across the beach to sea. 
Habitat modification and loss occurs with beach stabilization 
activities that prevent natural transfer, erosion, and accretion of 
sediments along ocean shorelines. Beach stabilization efforts that may 
impact green turtle nesting include beach renourishment and dune 
restoration, sediment dredging and disposal, inlet channelization, and 
construction of jetties and other hard structures. However, when sand 
placement activities result in beach habitat that mimics natural beach 
habitat conditions, impacts to sea turtle nesting habitat are 
minimized. Also, any projects that address erosion or shoreline 
protection should contain measures to reduce negative effects or be 
temporary in nature, so they may have fewer impacts on green turtles. 
Therefore, green turtles need habitat that is dynamic by nature and 
facilitates sand movement, allowing for successful nesting within 
natural habitats or, if necessary, artificially created habitats that 
mimic natural beaches and support successful sea turtle nesting.

Sites for Basking (Central North Pacific DPS)

    Basking, where green turtles emerge from the water onto exposed 
land, is an overall rare green turtle behavior but one that is observed 
in the Hawaiian archipelago (Central North Pacific DPS), Galapagos 
Islands, and Australia. It is possible that basking is an adaptive 
response to cooler thermal environments by raising core body 
temperatures and escaping ocean predation pressure in those regions 
(Whittow and Balazs 1982, pp. 133-138; Green 1998, p. 64; Limpus 2008, 
p. 15). This behavior has been anecdotally linked to escaping tiger 
shark predation in French Frigate Shoals (Lalo) (Whittow and Balazs 
1982, p. 138).
    Green turtles in the Central North Pacific DPS use terrestrial 
habitats such as gradually sloping beaches (sandy, corally, or gravel 
substrate), emergent sandy lands, sand spits, low shelving reef rocks, 
or sand supplemented restoration areas that are accessible from the 
ocean. These basking areas are free of obstacles that impede green 
turtles from coming ashore. Although many areas may be accessible for 
basking, certain areas of coastline are more often used by green 
turtles in the Central North Pacific DPS for this activity. These areas 
may be located close to preferred foraging and internesting areas to 
allow for relatively undisturbed periods. For the Central North Pacific 
DPS, basking areas are defined as natural and artificial coastlines 
that are accessible to green turtles and used regularly or 
intermittently. Basking areas are essential to the Central North 
Pacific DPS of green turtles because these areas provide space that 
supports natural behaviors important to health and development, such as 
resting and thermoregulation. Therefore, green turtles in the Central 
North Pacific DPS need unobstructed access to land out of the water to 
emerge onto.

Summary of Essential Physical or Biological Features (PBFs)

    We derive the specific PBFs essential to the conservation of green 
turtle within its terrestrial environment from studies of the species' 
habitat, ecology, and life history as described below. We have 
determined that green turtles need terrestrial habitat areas where 
natural coastal processes will be able to continue well into the future 
to allow for the landward migration of coastlines in response to sea 
level rise. Therefore, based on the information above, we identify 
terrestrial areas that support natural coastal processes, as well as 
localized areas where artificially created, maintained, or enhanced 
habitat supports important green turtle nesting or basking areas, as 
PBFs for the species. These features are as follows:
    (1) Extra-tidal or dry sandy beaches from the mean high water 
line--the line on a chart or map that represents the intersection of 
the land with the water surface at the elevation of mean high water 
line--to areas of beach landward of the mean high water line and which 
contain the characteristics described herein. These beaches include:
    (a) Habitat for green turtles to transit across beaches and for 
nest placement that includes: (i) relatively unimpeded wet and dry sand 
or nearshore access areas from the ocean to the beach for nesting 
females and from the beach to the ocean for both post-nesting females 
and hatchlings and (ii) drier sand areas located above mean high water 
in the supralittoral zone to avoid being inundated frequently by high 
tides.
    (b) Sand substrate that (i) allows for suitable nest construction, 
(ii) is suitable for facilitating gas diffusion conducive to embryo 
development, (iii) can develop and maintain temperatures and a moisture 
content conducive to embryo development, and (iv) allows for emergence 
of hatchlings from eggshells, through sand substrate to the beach 
surface.
    (2) Nesting beach habitat with sufficient darkness such that 
nesting turtles are not deterred from emerging onto the beach and 
hatchlings and post-nesting females can orient to the sea.

[[Page 46384]]

    (3) Natural coastal processes or artificially created or maintained 
habitat mimicking natural conditions. This includes artificial habitat 
types that mimic natural conditions described in PBFs 1 and 2 above for 
beach access, nest site selection, nest construction, egg deposition 
and incubation, and hatchling emergence and movement to the sea.
    (4) Within the range of the Central North Pacific DPS, basking 
habitat that includes access to natural and artificial coastlines with 
gradually sloping beaches (sandy, corally, or gravel substrate), 
emergent sandy lands, sand spits, low shelving reef rocks, as well as 
relatively unimpeded nearshore access from the ocean to the beach.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain features which are essential to the conservation of 
the species and which may require special management considerations or 
protection. The features essential to the conservation of green turtles 
may require special management considerations or protection to reduce 
the threats to the species. Threats to the green turtle are described 
in the final listing rule for each of the five DPSs (81 FR 20058, April 
6, 2016; pp. 20077-20079, 20081-20083), noting that some information/
descriptions/references used herein are new since the final listing 
determination. The threats and associated special management 
considerations or protection addressed in this document are specific to 
the PBFs. For green turtle habitat in the terrestrial environment, we 
grouped primary threats to the PBFs that may require special management 
considerations or protection into the following 12 threat categories. 
Each of these threats and associated special management considerations 
or protection are summarized below.
    (1) Climate change, including sea level rise, changes in sand 
temperature, and increase in storm frequency. Potential impacts of 
climate change to the five DPSs include loss of habitat and nests due 
to beach erosion and repeated inundation caused by rising sea levels 
and more frequent, intense storm events; and skewed hatchling sex 
ratios from rising incubation temperatures (Fish et al. 2005, pp. 489-
490; Fish et al. 2008, p. 336; Fuentes et al. 2010, entire; Fuentes et 
al. 2020, entire; Grose et al. 2020, pp. 547-548; Hawkes et al. 2009, 
pp. 139-141; Poloczanska et al. 2009, pp. 164-175). Examples of special 
management considerations or protection that could mitigate for threats 
of changing climate, including sea level rise, changes in sand 
temperature, and increase in storm frequency may include (but not be 
limited to): conducting coastal sand placement to retain sand on 
beaches for turtle nesting, hatching and hatchling emergence, and 
traversing the sand; and conducting restoration and debris cleanup 
after storms.
    (2) Recreational beach use, including human presence (e.g., beaches 
allowing dogs and special events), mechanized beach cleaning, and beach 
driving, the latter including essential and nonessential off-road 
vehicles, all-terrain vehicles, and recreational access and use. Human 
presence on beaches at night during green turtle nesting seasons can 
reduce the quality of nesting habitat by deterring or disturbing 
nesting turtles and causing them to avoid otherwise suitable habitat. 
Mechanical beach cleaning with vehicles and associated equipment 
reduces natural sand-trapping abilities of beaches and contributes to 
their destabilization (Defeo et al. 2009, p. 3), as well as displaces 
sand that turtles rely on, including lowering the substrate and 
changing beach topography (Nelson Sella and Fuentes 2019, p. 186). 
Beach driving reduces green turtle nesting habitat quality by creating 
vehicle ruts, increased sand compaction, and increased erosion (Hosier 
et al. 1981, p. 160; Cox et al. 1994, p. 27; Hughes and Caine 1994, p. 
237; Mann 1977, p. 96), and nighttime driving can deter females from 
nesting, disorient hatchlings, and can cause direct mortality by 
vehicle encounters. Examples of special management considerations or 
protection that could reduce the threat of recreational beach use may 
include (but not be limited to): implementing and enforcing policies 
that restrict unleashed pets during nesting season, conducting cleaning 
activities seaward of the high tide line and only during the day, and 
reducing vehicular beach access hours during the sea turtle nesting 
season.
    In the North Atlantic DPS, mechanized beach cleaning is common 
along the Florida coast but uncommon in Puerto Rico. Large-scale 
mechanized beach cleaning has occurred in Puerto Rico associated with 
hurricane debris management such as after Hurricane Mar[iacute]a in 
2017 and Hurricane Fiona in 2022; the same is true for the South 
Atlantic DPS regarding mechanized beach cleaning. However, this 
practice does not occur in the Pacific DPSs.
    (3) Nonnative vegetation. Nonnative vegetation may alter the canopy 
cover percentage, resulting in various incubation temperatures (Wheeler 
et al. 2011, p. 488), which impacts hatchling sex ratios. Roots, live 
trees or plants, or deadfall of nonnative vegetation can also create 
impediments to adult and hatchling turtles, as well as interfere with 
nest digging (Wheeler et al. 2011, p. 488). Examples of special 
management considerations or protection that could reduce the threat of 
nonnative vegetation may include (but not be limited to): conducting 
habitat restoration or management and enforcing rules to prevent 
invasive plants from being transported into the unit.
    (4) Terrestrial source debris on beaches and marine debris that 
washes ashore (e.g., recreational beach equipment, plastics, and 
recreational or industrial fishing gear). Terrestrial debris from 
beaches and marine debris that washes ashore (e.g., recreational beach 
equipment, plastics, derelict fishing gear) can deter green turtles 
from coming shore and also cause entanglement and entrapment of both 
adults and hatchlings. Examples of special management considerations or 
protection that could reduce the threat of terrestrial debris may 
include (but not be limited to): installing and maintaining fishing 
line recycling containers at fishing piers and beach entrances and 
conducting beach cleanups that remove potentially entangling debris.
    (5) Beach sand placement activities, including beach nourishment 
with associated beach, dune, or berm restoration, inlet sand bypassing, 
dredge material disposal, dune or berm construction, or emergency sand 
placement after natural disasters. Beach sand placement activities can 
include beach nourishment, beach restoration, inlet sand bypassing, 
dredge material disposal, dune construction, emergency sand placement 
after natural disaster, berm construction, and dune and berm planting. 
These types of activities can result in less suitable or unsuitable 
habitat for nesting turtles, such as sand compaction, and result in 
abandoned nesting attempts on nourished beaches (Trindell et al. 1998, 
p. 82; Ernest and Martin 1999, pp. 47-49; Herren 1999, p. 44). Examples 
of special management considerations or protection that could reduce 
the threat of beach sand placement activities may include (but not be 
limited to): restricting sand placement activities to occur outside of 
the nesting season and using beach quality sand suitable for sea turtle

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nesting, successful incubation, and hatchling emergence.
    While threats to the terrestrial PBFs are similar in the Atlantic 
and the Pacific, some differences exist. For example, in the North 
Atlantic DPS, large-scale beach renourishment projects occur frequently 
on most beaches along the Florida coast, although they are conducted 
infrequently in Puerto Rico (with no activities occurring in Puerto 
Rico's proposed green turtle critical habitat segments). However, beach 
renourishment projects occur infrequently in the South Atlantic DPS and 
the three Pacific DPSs.
    (6) Shoreline alterations and stabilization measures (e.g., erosion 
control structures, such as groins, breakwaters, or jetties; inlet 
relocation; inlet dredging; nearshore dredging; dredging and deepening 
channels; and sand mining). These in-water structures have profound 
effects on adjacent beaches (Kaufman and Pilkey 1979, p. 194). For 
example, following construction, the presence of jetties and groins may 
interfere with nesting turtle access to the beach, result in a change 
in beach profile and width (downdrift erosion, loss of sandy berms, and 
escarpment formation), trap hatchlings, and concentrate predatory 
fishes (Wilson et al. 2019, p. 577), resulting in higher probabilities 
of hatchling predation (although jetties and groins are known also to 
provide some benefits to beach habitat in some instances). Examples of 
special management considerations or protection that could reduce the 
threat of shoreline alterations and stabilization measures may include 
(but not be limited to): conducting dune restoration/enhancement and 
conducting beach renourishment.
    (7) Coastal development, including residential development, 
commercial development, and associated activities such as coastal 
armoring (e.g., seawalls, geotextile tubes, rock revetments, sandbags, 
emergency temporary armoring); and activities associated with 
construction, repair, and maintenance of upland structures, stormwater 
outfalls, and piers. Coastal development not only causes loss and 
degradation of suitable green turtle nesting habitat, but it also 
disrupts powerful coastal processes by accelerating erosion and 
interrupting the natural shoreline migration. This may in turn cause 
the need to protect upland structures and infrastructure by armoring 
(i.e., any rigid structure placed parallel to the shoreline on the 
upper beach to prevent both landward retreat of the shoreline and 
inundation or loss of upland property by flooding and wave action 
(Kraus and McDougal 1996, p. 692)). Armoring is known to cause changes 
in, additional loss of, or adverse impacts to the remaining sea turtle 
habitat (National Research Council 1990, p. 77; USFWS 2015, p. 51). 
Examples of special management considerations or protection that could 
reduce the threat of coastal development may include (but not be 
limited to): considering alternatives to coastal armoring, such as 
living shorelines, dune restoration/enhancement, or beach 
renourishment; and encouraging State and local governments to adopt 
policies that support less coastal development and to employ full-time 
enforcement officers that can educate the public about coastal 
regulations and have the power to prosecute violations of local codes 
and laws.
    (8) Artificial lighting, including direct and indirect lighting, 
skyglow, and bonfires. Both nesting and hatchling sea turtles are 
adversely affected by the presence of artificial lighting on or near 
the beach (Windle et al. 2018, entire; Salmon 2003, entire; 
Witherington and Martin 2000, pp. 2-5). Because adult females rely on 
visual brightness cues to find their way back to the ocean after 
nesting, those turtles that nest on lighted beaches may become 
disoriented by artificial lighting and have difficulty finding their 
way back to the ocean (Brei et al. 2020, p. 302; Silva et al. 2017, 
entire). Although sea turtles prefer dark beaches for nesting, many do 
nest in lighted areas (Colman et al. 2020, pp. 1,146-1,147). In doing 
so, they place the lives of their offspring at risk as artificial 
lighting can impair the ability of hatchlings to properly orient to the 
ocean once they leave their nests (Witherington and Martin 2000, pp. 7-
13). Examples of special management considerations or protection that 
could reduce the threat of artificial lighting may include (but not be 
limited to): conducting work (construction or associated staging area 
for coastal or in-water work) during daylight hours to reduce turtle 
disturbance and prevent turtle attraction to artificial lights, and 
encouraging use of wildlife-friendly lighting in coastal areas for new 
construction or replacing existing lighting to reduce the direct and 
ambient lighting on the beach and reduce disorientation to nesting 
females and hatchlings.
    (9) Beach erosion, including erosion due to aperiodic, short-term 
weather-related erosion events, such as atmospheric fronts, 
northeasters, tropical storms, and hurricanes. Storm events and 
tsunamis can result in the direct loss of sea turtle nests, either by 
erosion or washing away of the nests by wave action and inundation or 
``drowning'' of the eggs or preemergent hatchlings within the nest, or 
indirectly affect sea turtles by causing the loss of nesting habitat. 
Depending on their frequency, storms can affect sea turtles on either a 
short-term basis (nests lost for one season and temporary loss of 
nesting habitat) or a long-term basis (habitat unable to recover due to 
frequent storm events). Examples of special management considerations 
or protection that could reduce the threat of beach erosion may include 
(but not be limited to): implementing dune restoration projects to help 
contain sediment during storms and planting native vegetation to 
stabilize beach habitat.
    (10) Natural disasters such as cyclones, hurricanes, typhoons, and 
tsunamis and responses to disasters, such as debris removal and berm 
construction. These natural events have also been shown to cause severe 
beach erosion and likely have negatively affected hatching success at 
many green turtle nesting beaches, especially in areas already prone to 
erosion (Van Houtan and Bass 2007, entire). Any significant storm event 
that may develop could disrupt green turtle nesting activity and 
hatchling production (Van Houtan and Bass 2007, entire), but would be 
unlikely to result in whole-scale losses over multiple nesting seasons. 
However, when combined with the effects of sea level rise, there may be 
increased cumulative impacts from future storms (Baker et al. 2006, pp. 
7-9). Examples of special management considerations or protection that 
could reduce the threat of naturally caused disasters may include (but 
not be limited to): conducting beach and dune restoration, conducting 
emergency berm construction and repair actions, including using beach 
quality sand suitable for nesting sea turtles during berm construction, 
and ensuring placement and design of berms that mimic the natural dune 
system.
    (11) Human-caused disasters and response to disasters, such as oil 
spills and oil cleanup activities. Oil spills in the vicinity of 
nesting beaches just prior to or during the nesting season place 
nesting females, incubating egg clutches, and hatchlings at significant 
risk of direct exposure to contaminants (Fritts and McGehee 1982, p. 
38; Lutcavage et al. 1997, p. 395; Witherington 1999, p. 183) and 
result in negative effects to nesting habitat. Oil cleanup activities 
can also be harmful. For example, earth-moving equipment can dissuade 
females from nesting and destroy nests, containment booms can

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entrap hatchlings, and lighting from nighttime activities can misdirect 
turtles (Witherington 1999, p. 183). Examples of special management 
considerations or protection that could reduce the threat of human-
caused disasters and response to disasters may include (but not be 
limited to): prohibiting placement of oil or fuel transfer stations 
near green turtle nesting beaches and ensuring communication with 
external partners on preferred response methodologies in areas where 
there are risks of oil spills in green turtle habitat.
    (12) Military testing and training activities, including troop 
presence, pyrotechnics and nighttime lighting, vehicles and amphibious 
watercraft usage on the beach, helicopter drops and extractions, live-
fire exercises, placement and removal of objects on the beach, 
unexploded ordnance management, and space launch activities with 
associated artificial lighting infrastructure. The presence of soldiers 
and other personnel on the beach, particularly at night during nesting 
and hatching season, could result in harm or death to individual 
nesting turtles or hatchlings, as well as deter females from nesting. 
Basking green turtles could also be deterred from basking. 
Additionally, unexploded ordnances are still present from the military 
using these areas for bombing training in the past, and search and 
removal efforts in green turtle nesting and basking habitat can have 
impacts to the habitat through the removal of vegetation and creation 
of holes. Examples of special management considerations or protection 
that could reduce the threat of military testing and training 
activities and unexploded ordnance management may include (but not be 
limited to): timing training and missions outside nesting season or 
shifting the physical extent of activities to resolve location 
conflicts and filling in holes and restoring beach profiles to suitable 
conditions after ordnance removal or mission completion.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. In accordance 
with the Act and our implementing regulations at 50 CFR 424.12(b), we 
review available information pertaining to the habitat requirements of 
the species and identify specific areas within the geographical area 
occupied by the species at the time of listing and any specific areas 
outside the geographical area occupied by the species to be considered 
for designation as critical habitat. Within areas of the species' range 
under U.S. jurisdiction, and following our evaluation of all suitable 
green turtle habitat within each of the five DPSs, we are not currently 
proposing to designate any areas outside the geographical area occupied 
by the species. We have not identified any unoccupied areas that meet 
the definition of critical habitat, and we have determined that the 
occupied areas are sufficient to promote the conservation of the 
species.
    A detailed step-down methodology was developed for identifying 
proposed critical habitat areas (see the supplemental ``Methodology'' 
document (USFWS 2023, entire) available on the internet at https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0164). In summary, 
for areas within the geographical area occupied by the species at the 
time of listing, specifically referring to May 6, 2016, which is the 
effective date for the April 6, 2016, final listing rule (81 FR 20058), 
we delineated critical habitat unit boundaries within the terrestrial 
environment and under U.S. jurisdiction where nesting has been 
documented annually (or documented regularly but not necessarily 
annually due to some outlying islands that are difficult to access), 
since the time the DPSs were listed in 2016 (81 FR 20058, April 6, 
2016). This time-period represents the most recent and consistent data 
sets of nest or track (crawl) count surveys available from within the 
ranges of each DPS. Green turtles are a circumglobal species (NMFS and 
USFWS 1998, p. 1) that nest on sandy beaches, and in the Central North 
Pacific DPS also bask on sandy beaches and low-lying reef and rocks. 
Thus, sandy beaches and low-lying reef and rocks (the latter 
specifically in the Central North Pacific DPS) within the latitudinal 
range of the species, particularly in tropical or subtropical regions, 
could potentially host green turtles. Some of these areas are 
logistically remote and have never or rarely been surveyed; however, 
they were assumed to host green turtles at the time of listing because 
islands with similar geomorphology at similar latitudes have documented 
green turtle nesting and basking activity.
    For the three Pacific DPSs, we also relied on additional 
information to determine occupancy at the time of listing in remote 
areas and islands where surveys have not regularly occurred, both prior 
to and after the time of listing in 2016. Essentially, the strategy to 
designate critical habitat for the three Pacific DPSs differs from the 
two Atlantic DPSs due to: (1) limited data availability and quality; 
(2) the population size, site distribution, and potential effects of 
lost habitat; and (3) the potential for habitat destruction or 
modification (e.g., development pressures, climate change, limited 
local support for green turtle conservation practices) (USFWS 2023, pp. 
14-18). Overall, we used the following summarized criteria for 
determining proposed critical habitat for green turtle within the 
terrestrial environment:
    (1) We evaluated the two green turtle recovery plans that address 
the Central North Pacific, Central South Pacific, Central West Pacific, 
North Atlantic, and South Atlantic DPSs and considered those areas 
described in the plans as source beaches, primary nesting areas, 
important nesting beaches, and key nesting beaches (hereafter referred 
to as ``important nesting beaches'' (NMFS and USFWS 1998, entire; NMFS 
and USFWS 1991, entire)). Given these recovery plans are 25 and 32 
years old, respectively, we also considered available new information 
and expert knowledge regarding these or other important areas within 
each of the DPSs. Designating these important nesting beaches supports 
the overarching conservation strategies described in the recovery plans 
for each of the DPSs.
    (2) We evaluated the best available information (e.g., literature, 
survey reports, information from partners and experts) to identify the 
extent of nesting beaches as the area from the mean high-water line 
(MHWL) to its deepest extent inland, including all beach crest 
vegetation and area behind the primary dune (if present) for features 
that provide for nesting, incubation, hatching, hatchling emergence 
from eggshells and through the sand substrate, and traversal across 
beaches. We also considered dry and wet sands leading back to the ocean 
to support hatchling transit to the sea in addition to allowing for 
post-nesting and basking turtles to return to the ocean.
    (3) Using Geographic Information Systems (GIS) software, satellite 
imagery, and existing land cover and shoreline products, we identified 
nesting habitat in the Atlantic from the MHWL to the toe of the 
secondary dune, any human-made structure, natural obstructions (e.g., 
cliffs, rock outcrops) or to 33 ft (10 m) inland of vegetation. We 
identified nesting habitat in the Pacific from the MHWL to any human-
made structure or 50 ft (15 m) inland of the MHWL (a larger distance 
than the Atlantic to account for beaches that stretch inland on remote 
islands with little to no vegetation). Additionally, within the Pacific 
DPSs on small, predominantly sand islands, whole islands may have been 
designated in

[[Page 46387]]

instances where no physical obstructions were present. If applicable, 
we also examined aerial imagery to ensure that areas included as 
proposed critical habitat are not currently inundated, as compared to 
areas that may be underwater decades from now.
    (4) Where physical features to be used as critical habitat unit 
boundaries were highly dynamic (i.e., inlets, sandy shoals, barrier 
islands, and oceanfront beaches that are controlled by natural coastal 
processes and may shift over time), unit boundaries were distinguished 
using records of green turtles nesting in that specific area.
    (5) Where natural, artificial, or geopolitical features or land 
ownership could not be used for unit boundaries, boundaries were 
delineated by geographic means (latitude and longitude, decimal degree 
points).
    (6) We evaluated and included as proposed critical habitat beaches 
located adjacent to important or high-density beaches (containing PBFs 
essential to the conservation of green turtles); these adjacent areas 
are occupied by the species and also currently support green turtle 
nesting. This adjacent beach habitat serves as expansion area should 
the current important nesting beach area become significantly degraded, 
or temporarily or permanently lost, through natural processes or upland 
development, as well as supports the green turtle's internesting 
behavior (i.e., turtles nesting multiple times in a season and across 
different select areas of the beach landscape).
    (7) We applied other DPS-specific methodology (as described in our 
supplemental ``Methodology'' document (USFWS 2023, entire) available on 
the internet at https://www.regulations.gov under Docket No. FWS-R4-ES-
2022-0164) based on specific factors within each DPS, such as (but not 
limited to):
    (a) For the three Pacific DPSs, and in the absence of available 
nesting surveys, beaches were selected using the best available nesting 
records over a 15-year period between 2005 to 2020. Given the lifespan 
of the green turtle, we found it reasonable to assume the areas were 
occupied at the time of listing based on these data. We identified 
beaches throughout each island, islet, and oceanic atoll with 
relatively high nesting activity. In some cases, additional nesting 
beaches with lower nesting activity or beaches with historical reports 
of green turtle nesting were selected (i.e., expansion areas) to 
support resiliency, representation, and redundancy within a DPS. 
Additionally, for undeveloped or uninhabited islands or areas, the 
amount of land inward of the MHWL increased from 50 ft (15 m; as noted 
in criteria (3), above) to include the entire island if the PBFs were 
present or natural or human-made structures obstructed inward progress 
(noting there are some areas that are currently uninhabited by humans 
but were previously occupied by Department of Defense (DoD) personnel 
who had constructed manmade structures, some of which remain today and 
may obstruct inward progress by turtles).
    (b) For the Central North Pacific DPS, we identified basking 
habitat information independent from nesting area information, 
including information provided by local technical experts and records 
from 2005 to 2021. Given the lifespan of the green turtle, we found it 
reasonable to assume the areas were occupied at the time of listing 
based on these data. Our strategy for selecting shoreline areas for 
basking also considered shoreline areas throughout each island with 
relatively high basking activity, and some beaches that can serve as 
both expansion areas while also providing sufficient habitat to 
accommodate basking green turtles as the populations recover. Where 
physical features to be used as critical habitat unit boundaries were 
highly dynamic (i.e., sandy shoals, emergent sandy lands, oceanfront 
beaches, and low shelving reef or rock that are controlled by natural 
coastal processes and may shift over time), unit boundaries were 
distinguished using records of green turtles basking in that specific 
area.
    (c) For the Central South Pacific DPS, we took into account that 
the green turtle population in this portion of its range is 
characterized by geographically widespread nesting at low levels of 
abundance, mostly in remote low-lying oceanic atolls. We examined the 
best available information within this DPS to ensure spatial 
distribution of important nesting beaches within the DPS. Although some 
of these areas do not include regular or extensive green turtle survey 
information, the best available information indicates these areas were 
occupied at the time of listing (and are still occupied) by green 
turtles based on documented nesting activity at adjacent or nearby 
beaches, islands, or atolls.
    (d) For the Central West Pacific DPS, we took into account that the 
green turtle population in this DPS is dominated by insular nesting 
(i.e., nesting on a long chain of islands), resulting in a relatively 
small nesting population spread across an expansive area that is 
roughly 2,500 mile (mi) (4,023 kilometer (km)) wide (Palau to the 
Marshall Islands) and 2,500 mi (4,023 km) long (Ogasawara, Japan to the 
Solomon Islands) (Seminoff et al. 2015, p. 259). We examined the best 
available information within this DPS to ensure spatial distribution of 
important nesting beaches within the DPS. Similar to the Central South 
Pacific DPS, although some of these areas do not include regular or 
extensive green turtle survey information, the best available 
information indicates these areas were occupied at the time of listing 
(and are still occupied) by green turtles based on documented nesting 
activity at adjacent or nearby beaches, islands, or atolls.
    (e) For the North Atlantic DPS, we used available nest count 
abundance/density data (including information associated with the 
Florida Fish and Wildlife Research Institute's recognized green turtle 
management units and preliminary unpublished analysis of genetics 
information (Shamblin et al. 2022, entire)) to determine adequate 
geographic spatial distribution of high-density nesting areas, 
including genetics and geographical features that can influence turtle 
behavior.
    (f) For the South Atlantic DPS, nest crawl counts were used 
depending on regionally available data and applied to the main 
geographic nesting distribution within the DPS (i.e., the U.S. Virgin 
Islands). Nesting beaches were identified based on 25-100 nesting 
crawls per year category or larger (Dow et al. 2007, p. 13; Eckert and 
Eckert 2019, p. 13).
    Once this methodology was applied and evaluated across the ranges 
of each DPS where green turtles nest, or where they bask in the Central 
North Pacific DPS, units were drawn based on the most recent available 
aerial or satellite imagery. We propose to designate as critical 
habitat lands that we have determined were occupied at the time of 
listing that contain one or more of the PBFs that are essential to 
support life-history processes of the species, and that may require 
special management considerations or protection.
    We propose to designate as critical habitat 101 units (31 in the 
Central North Pacific DPS, 6 in the Central South Pacific DPS, 23 in 
the Central West Pacific DPS, 33 in the North Atlantic DPS, and 8 in 
the South Atlantic DPS) based on one or more of the PBFs within the 
terrestrial environment being present to support the green turtle's 
life-history processes. Some units contain all of the identified PBFs 
and support multiple life-history processes, while other units contain 
only some of the PBFs necessary to support the green turtle's 
particular use of that habitat.
    For green turtles, most of the units contain highly dynamic barrier 
beaches

[[Page 46388]]

and extratidal seashore areas that have the potential to vary over 
time. In other words, the precise location of the PBFs may shift 
because of the intrinsically dynamic nature of shorelines and due to 
sea level rise. In general, the PBFs we describe are the extratidal 
areas and sandy beaches from the MHWL to inland areas of beach that do 
not contain the PBFs.
    The proposed critical habitat designation is defined by the map or 
maps, as modified by any accompanying regulatory text, presented at the 
end of this document under Proposed Regulation Promulgation. We include 
more detailed information on the boundaries of the terrestrial proposed 
critical habitat designation in the discussion of individual units, 
below. We will make the coordinates or plot points or both on which 
each map is based available to the public at https://www.regulations.gov at Docket No. FWS-R4-ES-2022-0164, and on the 
USFWS's website at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle.
    When determining proposed critical habitat boundaries, we made 
every effort to avoid including developed areas such as lands covered 
by buildings, pavement, and other structures (e.g., docks, maintained 
rights-of-way, work yards, stormwater facilities, and hardened 
shorelines) because such lands lack PBFs necessary for the green 
turtle. The scale of the maps we prepared under the parameters for 
publication within the Code of Federal Regulations may not reflect the 
exclusion of such developed lands. Any such lands inadvertently left 
inside critical habitat boundaries shown on the maps of this proposed 
rule have been excluded by text in the proposed rule and are not 
proposed for designation as critical habitat. Therefore, if the 
critical habitat is finalized as proposed, a Federal action involving 
these lands would not trigger section 7 consultation under the Act with 
respect to critical habitat and the requirement of no adverse 
modification unless the specific action would affect the PBFs in the 
adjacent critical habitat. Additionally, it is important to note that 
the best available GIS base layers used for the proposed designation do 
not perfectly match the actual coastlines of the islands. For 
consistency, accountability, and transparency reasons, we did not alter 
the layers. We have attempted to vary the scale in our maps to minimize 
discrepancies, although there remain some instances where a polygon 
boundary does not perfectly align with an island/atoll coastline (e.g., 
the MHWL edge of a proposed critical habitat polygon appears inland or 
within the water, to a small extent, from the island border). In these 
instances, it is important to evaluate and use the maps in conjunction 
with the textual descriptions to best understand the unit placement on 
the coastline.

Proposed Critical Habitat Designation

    We are proposing 101 units as critical habitat for the green 
turtle's terrestrial (nesting and basking) areas, all of which were 
occupied at the time of listing and totaling approximately 8,870 ac 
(3,590 ha). All of these areas are occupied by the species, and we are 
not proposing any unoccupied areas. Table 1, below, shows the proposed 
units separated by DPS, including unit names, land ownership, and 
approximate acreage. The land ownership values in many (but not all) of 
the proposed critical habitat units within the three Pacific DPSs also 
include a category called ``uncategorized lands.'' For the purposes of 
this analysis and proposed critical habitat designation, this category 
refers to lands where we were unable to determine local government or 
private ownership.
    The specific terrestrial areas we propose as critical habitat for 
the green turtle are presented below, totaling 31 units and 2,233 ac 
(904 ha) in the Central North Pacific DPS, 6 units and 242 ac (98 ha) 
in the Central South Pacific DPS, 23 units and 304 ac (123 ha) in the 
Central West Pacific DPS, 33 units and 5,974 ac (2,418 ha) in the North 
Atlantic DPS, and 8 units and 117 ac (47 ha) in the South Atlantic DPS. 
Brief descriptions of all units are presented, including the reasons 
why they meet the definition of critical habitat for the green turtle. 
All units are occupied by the species and contain one or more of the 
physical and biological features essential to the conservation of the 
species and that may require special management considerations or 
protection. Also, many of the proposed units overlap in part or whole 
with existing critical habitat designated for other federally listed 
species, as specified below (table 2).
    Most of the units contain highly dynamic barrier beaches and 
intertidal seashore. This area has the potential to vary year-to-year. 
In other words, the precise location of the PBFs in some locations may 
shift over time somewhat because of the intrinsically dynamic nature of 
shorelines and due to sea level rise.
    Of note: we include diacritical marks to many location names, 
particularly in the Pacific DPSs, although these marks only appear 
within the preamble of this proposed rule due to Federal Register 
printing format constraints. Therefore, diacritical marks are removed 
from location names within the text and maps that appear in Proposed 
Regulation Promulgation, below.

Table 1--Proposed Critical Habitat Land Ownership and Unit Size (Values Rounded to the Nearest Whole Number) for
                                                the Green Turtle
                                    [All units are occupied by the species.]
----------------------------------------------------------------------------------------------------------------
                                                                                   Approximate,    Approximate,
      Critical habitat unit no. and name           Land Ownership by type \1\          acres         hectares
----------------------------------------------------------------------------------------------------------------
                            Central North Pacific DPS--Northwestern Hawaiian Islands
----------------------------------------------------------------------------------------------------------------
HI-01, Kure Atoll.............................  Federal.........................               0               0
                                                State...........................             106              43
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             106              43
----------------------------------------------------------------------------------------------------------------
HI-02, Midway Islands.........................  Federal.........................              88              35
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0

[[Page 46389]]

 
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              88              35
----------------------------------------------------------------------------------------------------------------
HI-03, Pearl and Hermes Atoll.................  Federal.........................             207              84
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             207              84
----------------------------------------------------------------------------------------------------------------
HI-04, Lisianski Island.......................  Federal.........................             295             119
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             295             119
----------------------------------------------------------------------------------------------------------------
HI-05, Laysan Island..........................  Federal.........................             171              69
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             171              69
----------------------------------------------------------------------------------------------------------------
HI-06, French Frigate Shoals..................  Federal.........................              95              38
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              95              38
----------------------------------------------------------------------------------------------------------------
                                Central North Pacific DPS--Main Hawaiian Islands
----------------------------------------------------------------------------------------------------------------
HI-07, Halelea and Ko[revaps]olau Moku........  Federal.........................               2               1
                                                State...........................              <1              <1
                                                Local Gov't.....................              <1              <1
                                                Private/Other...................               9               3
                                                Uncategorized...................              59              24
                                                                                 -------------------------------
                                                   Total........................              69              28
----------------------------------------------------------------------------------------------------------------
HI-08, N[amacr] Pali Coast and                  Federal.........................               0               0
 M[amacr]n[amacr] Plains.
                                                State...........................             228              92
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................              26              11
                                                                                 -------------------------------
                                                   Total........................             254             103
----------------------------------------------------------------------------------------------------------------
HI-09, Puna Moku on Kaua[revaps]i.............  Federal.........................               0               0
                                                State...........................               3               1
                                                Local Gov't.....................               2               1
                                                Private/Other...................              13               5
                                                Uncategorized...................              14               6
                                                                                 -------------------------------
                                                   Total........................              33              13
----------------------------------------------------------------------------------------------------------------
HI-10, Kona Moku on Kaua[revaps]i.............  Federal.........................               0               0
                                                State...........................               4               2
                                                Local Gov't.....................               3               1
                                                Private/Other...................               6               3
                                                Uncategorized...................               1              <1
                                                                                 -------------------------------
                                                   Total........................              14               6
----------------------------------------------------------------------------------------------------------------

[[Page 46390]]

 
HI-11, Northern Ko[revaps]olauloa Moku........  Federal.........................              24              10
                                                State...........................              26              10
                                                Local Gov't.....................              <1              <1
                                                Private/Other...................              30              12
                                                Uncategorized...................              53              21
                                                                                 -------------------------------
                                                   Total........................             132              54
----------------------------------------------------------------------------------------------------------------
HI-12, Waialua Moku...........................  Federal.........................              <1              <1
                                                State...........................               7               3
                                                Local Gov't.....................               5               2
                                                Private/Other...................              29              12
                                                Uncategorized...................              41              17
                                                                                 -------------------------------
                                                   Total........................              82              33
----------------------------------------------------------------------------------------------------------------
HI-13, Wai[revaps]anae Moku...................  Federal.........................              <1              <1
                                                State...........................              13               5
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................              <1              <1
                                                                                 -------------------------------
                                                   Total........................              13               5
----------------------------------------------------------------------------------------------------------------
HI-14, Ko[revaps]olaupoko Moku................  Federal.........................               0               0
                                                State...........................               7               3
                                                Local Gov't.....................               3               1
                                                Private/Other...................              <1              <1
                                                Uncategorized...................              42              17
                                                                                 -------------------------------
                                                   Total........................              53              22
----------------------------------------------------------------------------------------------------------------
HI-15, [revaps]Ewa Moku.......................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................              <1              <1
                                                Private/Other...................               2               1
                                                Uncategorized...................               7               3
                                                                                 -------------------------------
                                                   Total........................               9               4
----------------------------------------------------------------------------------------------------------------
HI-16, Moloka[revaps]i Island.................  Federal.........................               0               0
                                                State...........................              15               6
                                                Local Gov't.....................               0               0
                                                Private/Other...................             104              42
                                                Uncategorized...................              40              16
                                                                                 -------------------------------
                                                   Total........................             160              65
----------------------------------------------------------------------------------------------------------------
HI-17, K[amacr][revaps]anapali Moku...........  Federal.........................               0               0
                                                State...........................              <1              <1
                                                Local Gov't.....................               0               0
                                                Private/Other...................              10               4
                                                Uncategorized...................              23               9
                                                                                 -------------------------------
                                                   Total........................              34              14
----------------------------------------------------------------------------------------------------------------
HI-18, P[umacr][revaps]ali Komohana and         Federal.........................               0               0
 H[amacr]m[amacr]kuapoko Moku.
                                                State...........................              17               7
                                                Local Gov't.....................               6               2
                                                Private/Other...................              30              12
                                                Uncategorized...................              19               8
                                                                                 -------------------------------
                                                   Total........................              73              29
----------------------------------------------------------------------------------------------------------------
HI-19, L[amacr]hain[amacr] Moku...............  Federal.........................               0               0
                                                State...........................              <1              <1
                                                Local Gov't.....................               3               1
                                                Private/Other...................               7               3
                                                Uncategorized...................              23               9
                                                                                 -------------------------------

[[Page 46391]]

 
                                                   Total........................              32              13
----------------------------------------------------------------------------------------------------------------
HI-20, South P[umacr][revaps]ali Komohana and   Federal.........................              <1              <1
 Kula Moku.
                                                State...........................              <1              <1
                                                Local Gov't.....................               4               2
                                                Private/Other...................              <1              <1
                                                Uncategorized...................              12               5
                                                                                 -------------------------------
                                                   Total........................              17               7
----------------------------------------------------------------------------------------------------------------
HI-21, H[amacr]na Moku........................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               2               1
                                                Uncategorized...................               1              <1
                                                                                 -------------------------------
                                                   Total........................               3               1
----------------------------------------------------------------------------------------------------------------
HI-22, Honua[revaps]ula Moku..................  Federal.........................               0               0
                                                State...........................              <1              <1
                                                Local Gov't.....................               0               0
                                                Private/Other...................              <1              <1
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              <1              <1
----------------------------------------------------------------------------------------------------------------
HI-23, L[amacr]na[revaps]i Island.............  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................             145              59
                                                Uncategorized...................              17               7
                                                                                 -------------------------------
                                                   Total........................             161              65
----------------------------------------------------------------------------------------------------------------
HI-24, Kaho[revaps]olawe Island...............  Federal.........................               0               0
                                                State...........................               3               1
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................               3               1
----------------------------------------------------------------------------------------------------------------
HI-25, South Kohala...........................  Federal.........................               0               0
                                                State...........................              18               7
                                                Local Gov't.....................               0               0
                                                Private/Other...................               9               3
                                                Uncategorized...................               7               3
                                                                                 -------------------------------
                                                   Total........................              33              13
----------------------------------------------------------------------------------------------------------------
HI-26, Kona Moku on Hawai[revaps]i Island.....  Federal.........................              12               5
                                                State...........................              15               6
                                                Local Gov't.....................               1              <1
                                                Private/Other...................              10               4
                                                Uncategorized...................              13               5
                                                                                 -------------------------------
                                                   Total........................              50              20
----------------------------------------------------------------------------------------------------------------
HI-27, Hilo Moku..............................  Federal.........................               0               0
                                                State...........................               1              <1
                                                Local Gov't.....................              <1              <1
                                                Private/Other...................               0               0
                                                Uncategorized...................               1              <1
                                               -----------------------------------------------------------------
                                                   Total........................               2               1
----------------------------------------------------------------------------------------------------------------
HI-28, Kea[revaps]au..........................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................              <1              <1

[[Page 46392]]

 
                                                Uncategorized...................              <1              <1
                                                                                 -------------------------------
                                                   Total........................               1              <1
----------------------------------------------------------------------------------------------------------------
HI-29, Pohoiki Beach..........................  Federal.........................               0               0
                                                State...........................              <1              <1
                                                Local Gov't.....................               4               1
                                                Private/Other...................              <1              <1
                                                Uncategorized...................               6               2
                                                                                 -------------------------------
                                                   Total........................               9               4
----------------------------------------------------------------------------------------------------------------
HI-30, Keauhou................................  Federal.........................               9               4
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               7               3
                                                                                 -------------------------------
                                                   Total........................              16               7
----------------------------------------------------------------------------------------------------------------
HI-31, Ka[revaps][umacr] Moku.................  Federal.........................               5               2
                                                State...........................               3               1
                                                Local Gov't.....................               4               2
                                                Private/Other...................               4               1
                                                Uncategorized...................               2               1
                                                                                 -------------------------------
                                                   Total........................              17               7
----------------------------------------------------------------------------------------------------------------
    ** Central North Pacific DPS Totals.......  Federal.........................             907             367
                                                State...........................             466             189
                                                Local Gov't.....................              35              14
                                                Private/Other...................             411             166
                                                Uncategorized...................             415             168
                                                   Total........................           2,233             904
----------------------------------------------------------------------------------------------------------------
                                    Central South Pacific DPS--American Samoa
----------------------------------------------------------------------------------------------------------------
AS-01, Palmyra Atoll..........................  Federal.........................               7               3
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................              15               6
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              22               9
----------------------------------------------------------------------------------------------------------------
AS-02, Swains Island..........................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................             125              50
                                                                                 -------------------------------
                                                   Total........................             125              50
----------------------------------------------------------------------------------------------------------------
AS-03, Ofu and Olosega Islands................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................              49              20
                                                                                 -------------------------------
                                                   Total........................              49              20
----------------------------------------------------------------------------------------------------------------
AS-04, Ta[revaps]u Island.....................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................              34              14
                                                                                 -------------------------------
                                                   Total........................              34              14
----------------------------------------------------------------------------------------------------------------
AS-05,Aunu[revaps]u Island....................  Federal.........................               0               0

[[Page 46393]]

 
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               4               1
                                                                                 -------------------------------
                                                   Total........................               4               1
----------------------------------------------------------------------------------------------------------------
AS-06, Rose Atoll.............................  Federal.........................              10               4
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              10               4
----------------------------------------------------------------------------------------------------------------
    ** Central South Pacific DPS Totals.......  Federal.........................              17               7
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................              15               6
                                                Uncategorized...................             211              85
                                                                                 -------------------------------
                                                   Total........................             242              98
----------------------------------------------------------------------------------------------------------------
                                         Central West Uacific DPS--Guam
----------------------------------------------------------------------------------------------------------------
GU-01, Ritidian Point and Uruno Beach.........  Federal.........................              18               7
                                                Territory.......................              <1              <1
                                                Local Gov't.....................               0               0
                                                Private/Other...................              13               5
                                                Uncategorized...................               6               2
                                                                                 -------------------------------
                                                   Total........................              37              15
----------------------------------------------------------------------------------------------------------------
GU-02, Jinapsan Beach.........................  Federal.........................               4               1
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               3               1
                                                Uncategorized...................               8               3
                                                                                 -------------------------------
                                                   Total........................              14               6
----------------------------------------------------------------------------------------------------------------
GU-03, Tanguisson.............................  Federal.........................               0               0
                                                Territory.......................               6               2
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               6               2
                                                                                 -------------------------------
                                                   Total........................              12               5
----------------------------------------------------------------------------------------------------------------
GU-04, Tumon Bay..............................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................              10               4
                                                Uncategorized...................               4               1
                                               -----------------------------------------------------------------
                                                   Total........................              14               6
----------------------------------------------------------------------------------------------------------------
GU-05, Hag[aring]t[ntilde]a Bay...............  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               1              <1
                                                Uncategorized...................               6               3
                                               -----------------------------------------------------------------
                                                   Total........................               7               3
----------------------------------------------------------------------------------------------------------------
GU-06, Cabras Island..........................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................              <1              <1

[[Page 46394]]

 
                                                Uncategorized...................               8               3
                                                                                 -------------------------------
                                                   Total........................               8               3
----------------------------------------------------------------------------------------------------------------
GU-07, Agat Bay...............................  Federal.........................              <1              <1
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               1              <1
                                                                                 -------------------------------
                                                   Total........................               1              <1
----------------------------------------------------------------------------------------------------------------
GU-08, Pago (a.k.a. P[aring]gu) Point to Ylig   Federal.........................               0               0
 Bay.
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               2               1
                                                Uncategorized...................              <1              <1
                                                                                 -------------------------------
                                                   Total........................               2               1
----------------------------------------------------------------------------------------------------------------
GU-09, Talo'fo'fo Village.....................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               2               1
                                                Uncategorized...................               3               1
                                                                                 -------------------------------
                                                   Total........................               4               2
----------------------------------------------------------------------------------------------------------------
GU-10, Hum[aring]tak Village..................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               1              <1
                                                Uncategorized...................               6               3
                                                                                 -------------------------------
                                                   Total........................               7               3
----------------------------------------------------------------------------------------------------------------
GU-11, Nomna Bay..............................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               2               1
                                                                                 -------------------------------
                                                   Total........................               2               1
----------------------------------------------------------------------------------------------------------------
GU-12, Inarajan Bay...........................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               1              <1
                                                Uncategorized...................               3               1
                                                                                 -------------------------------
                                                   Total........................               4               1
----------------------------------------------------------------------------------------------------------------
GU-13, Agfayan Point to Aga Point.............  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               2               1
                                                Uncategorized...................               4               1
                                                                                 -------------------------------
                                                   Total........................               5               2
----------------------------------------------------------------------------------------------------------------
GU-14, Cocos Island...........................  Federal.........................               0               0
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               1              <1
                                                Uncategorized...................               7               3
                                                                                 -------------------------------
                                                   Total........................               8               3
----------------------------------------------------------------------------------------------------------------

[[Page 46395]]

 
                               Central West Pacific DPS--Northern Mariana Islands
----------------------------------------------------------------------------------------------------------------
MP-01, Agrihan Island.........................  Federal.........................               0               0
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................              44              18
                                                                                 -------------------------------
                                                   Total........................              44              18
----------------------------------------------------------------------------------------------------------------
MP-02, Pagan Island...........................  Federal.........................               0               0
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................              12               5
                                                                                 -------------------------------
                                                   Total........................              12               5
----------------------------------------------------------------------------------------------------------------
MP-03, Wing Beach and Bird Island.............  Federal.........................               0               0
                                                Commonwealth....................               4               2
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               3               1
                                                                                 -------------------------------
                                                   Total........................               7               3
----------------------------------------------------------------------------------------------------------------
MP-04, Managaha Island and Unai Makaka........  Federal.........................               0               0
                                                Commonwealth....................               5               2
                                                Local Gov't.....................               0               0
                                                Private/Other...................              <1              <1
                                                Uncategorized...................              16               6
                                                                                 -------------------------------
                                                   Total........................              21               9
----------------------------------------------------------------------------------------------------------------
MP-05, Eastern Saipan.........................  Federal.........................               0               0
                                                Commonwealth....................               9               4
                                                Local Gov't.....................               0               0
                                                Private/Other...................               1              <1
                                                Uncategorized...................               8               3
                                                                                 -------------------------------
                                                   Total........................              18               7
----------------------------------------------------------------------------------------------------------------
MP-06, Southern Saipan........................  Federal.........................               0               0
                                                Commonwealth....................               1              <1
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               7               3
                                                                                 -------------------------------
                                                   Total........................               8               3
----------------------------------------------------------------------------------------------------------------
MP-07, Western Tinian.........................  Federal.........................               0               0
                                                Commonwealth....................               3               1
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               4               1
                                                                                 -------------------------------
                                                   Total........................               6               3
----------------------------------------------------------------------------------------------------------------
MP-08, Northern Rota..........................  Federal.........................               0               0
                                                Commonwealth....................              44              18
                                                Local Gov't.....................               0               0
                                                Private/Other...................               2               1
                                                Uncategorized...................               9               4
                                                                                 -------------------------------
                                                   Total........................              54              22
----------------------------------------------------------------------------------------------------------------
MP-09, Southern Rota..........................  Federal.........................               0               0
                                                Commonwealth....................               8               3
                                                Local Gov't.....................               0               0
                                                Private/Other...................              <1              <1

[[Page 46396]]

 
                                                Uncategorized...................               1              <1
                                                                                 -------------------------------
                                                   Total........................               9               4
----------------------------------------------------------------------------------------------------------------
    ** Central West Pacific DPS, Totals.......  Federal.........................              22               9
                                                Territory/Commonwealth..........              79              32
                                                Local Gov't.....................               0               0
                                                Private/Other...................              37              15
                                                Uncategorized...................             166              67
                                                                                 -------------------------------
                                                   Total........................             304             123
----------------------------------------------------------------------------------------------------------------
                                           North Atlantic DPS--Florida
----------------------------------------------------------------------------------------------------------------
FL-01, Guana Tolomato Matanzas National         Federal.........................               0               0
 Estuarine Research Reserve--Guana River Site.
                                                State...........................             112              45
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             112              45
----------------------------------------------------------------------------------------------------------------
FL-02, Washington Oaks Gardens State Park to    Federal.........................               0               0
 North Peninsula State Park.
                                                State...........................              77              31
                                                Local Gov't.....................              61              25
                                                Private/Other...................             169              68
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             307             124
----------------------------------------------------------------------------------------------------------------
FL-03, Canaveral National Seashore to Merritt   Federal.........................             558             226
 Island National Wildlife Refuge.
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             558             226
----------------------------------------------------------------------------------------------------------------
FL-04, Satellite Beach to Indian River Shores.  Federal.........................              52              21
                                                State...........................              72              29
                                                Local Gov't.....................             120              48
                                                Private/Other...................             400             163
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             644             261
----------------------------------------------------------------------------------------------------------------
FL-05, Hutchinson Island......................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................             119              48
                                                Private/Other...................             217              88
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             336             136
----------------------------------------------------------------------------------------------------------------
FL-06, St. Lucie Inlet to Jupiter Inlet.......  Federal.........................              69              28
                                                State...........................              49              20
                                                Local Gov't.....................              11               5
                                                Private/Other...................             195              78
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             324             131
----------------------------------------------------------------------------------------------------------------
FL-07, Jupiter Inlet to Lake Worth Inlet......  Federal.........................               0               0
                                                State...........................              25              10
                                                Local Gov't.....................              85              35
                                                Private/Other...................             104              42

[[Page 46397]]

 
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             214              87
----------------------------------------------------------------------------------------------------------------
FL-08, Palm Beach to Boynton Inlet............  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................               1              <1
                                                Private/Other...................              41              17
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              42              17
----------------------------------------------------------------------------------------------------------------
FL-09, Boynton Inlet to Boca Raton Inlet......  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................              66              27
                                                Private/Other...................             148              60
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             214              87
----------------------------------------------------------------------------------------------------------------
FL-10, Boca Raton Inlet to Hillsboro Inlet....  Federal.........................               1              <1
                                                State...........................               0               0
                                                Local Gov't.....................              16               7
                                                Private/Other...................              65              26
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              82              34
----------------------------------------------------------------------------------------------------------------
FL-11, Sawyer Key.............................  Federal.........................               6               3
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................               6               3
----------------------------------------------------------------------------------------------------------------
FL-12, Boca Grande and Marquesas Keys.........  Federal.........................              28              12
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              28              12
----------------------------------------------------------------------------------------------------------------
FL-13, Dry Tortugas...........................  Federal.........................              21               8
                                                State...........................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              21               8
----------------------------------------------------------------------------------------------------------------
FL-14, Sanibel Island West....................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................              76              31
                                                Private/Other...................             113              45
                                                Uncategorized...................               0               0
                                               -----------------------------------------------------------------
                                                   Total........................             189              76
----------------------------------------------------------------------------------------------------------------
FL-15, Gasparilla Island......................  Federal.........................               5               2
                                                State...........................              25              10
                                                Local Gov't.....................               0               0
                                                Private/Other...................             125              51
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             155              63
----------------------------------------------------------------------------------------------------------------
FL-16, Don Pedro and Little Gasparilla Islands  Federal.........................               0               0
                                                State...........................              20               8

[[Page 46398]]

 
                                                Local Gov't.....................               0               0
                                                Private/Other...................             166              67
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             186              75
----------------------------------------------------------------------------------------------------------------
FL-17, Manasota Key...........................  Federal.........................               0               0
                                                State...........................              25              10
                                                Local Gov't.....................              46              19
                                                Private/Other...................              93              37
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             164              66
----------------------------------------------------------------------------------------------------------------
FL-18, Casey and Siesta Keys..................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................              30              12
                                                Private/Other...................              84              34
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             114              46
----------------------------------------------------------------------------------------------------------------
FL-19, Cape St. George and St. George Island..  Federal.........................               0               0
                                                State...........................             545             221
                                                Local Gov't.....................               0               0
                                                Private/Other...................             270             109
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             815             330
----------------------------------------------------------------------------------------------------------------
FL-20, St. Joseph Peninsula...................  Federal.........................               0               0
                                                State...........................             466             189
                                                Local Gov't.....................               2               1
                                                Private/Other...................             154              62
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             622             252
----------------------------------------------------------------------------------------------------------------
FL-21, Inlet Beach............................  Federal.........................               0               0
                                                State...........................               0               0
                                                Local Gov't.....................               7               3
                                                Private/Other...................              86              34
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              93              37
----------------------------------------------------------------------------------------------------------------
FL-22, Topsail Hill Preserve State Park.......  Federal.........................               0               0
                                                State...........................             165              67
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             165              67
----------------------------------------------------------------------------------------------------------------
FL-23, Gulf Islands National Seashore.........  Federal.........................             316             128
                                                State...........................              17               7
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             334             135
----------------------------------------------------------------------------------------------------------------
                                         North Atlantic DPS--Puerto Rico
----------------------------------------------------------------------------------------------------------------
PR-01, Mona Island............................  Federal.........................               0               0
                                                Commonwealth....................              66              27
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------

[[Page 46399]]

 
                                                   Total........................              66              27
----------------------------------------------------------------------------------------------------------------
PR-02, Guayama................................  Federal.........................               0               0
                                                Commonwealth....................              23               9
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              23               9
----------------------------------------------------------------------------------------------------------------
PR-03, Maunabo................................  Federal.........................               0               0
                                                Commonwealth....................              24              10
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              24              10
----------------------------------------------------------------------------------------------------------------
VPR-01, Campa[ntilde]a........................  Federal.........................              11               4
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              11               4
----------------------------------------------------------------------------------------------------------------
VPR-02, Puerto Diablo.........................  Federal.........................              15               6
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                               -----------------------------------------------------------------
                                                   Total........................              15               6
----------------------------------------------------------------------------------------------------------------
VPR-03, Vieques East..........................  Federal.........................              17               7
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              17               7
----------------------------------------------------------------------------------------------------------------
VPR-04, Fanduca to Conejo.....................  Federal.........................              23               9
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              23               9
----------------------------------------------------------------------------------------------------------------
VPR-05, La Chiva..............................  Federal.........................              10               4
                                                Commonwealth....................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              10               4
----------------------------------------------------------------------------------------------------------------
VPR-06, Sun Bay...............................  Federal.........................               0               0
                                                Commonwealth....................              13               5
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              13               5
----------------------------------------------------------------------------------------------------------------
VPR-07, Vieques Southwest.....................  Federal.........................              44              18
                                                Commonwealth....................               4               1
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0

[[Page 46400]]

 
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              48              19
----------------------------------------------------------------------------------------------------------------
    ** North Atlantic DPS Totals..............  Federal.........................           1,177             475
                                                State/Commonwealth..............           1,727             699
                                                Local Gov't.....................             640             261
                                                Private/Other...................           2,430             981
 Uncategorized                                  0...............................               0
                                                                                 -------------------------------
                                                   Total........................           5,974           2,418
----------------------------------------------------------------------------------------------------------------
                                South Atlantic DPS--Vieques, U.S. Virgin Islands.
----------------------------------------------------------------------------------------------------------------
USVI-01, Sandy Point National Wildlife Refuge.  Federal.........................              35              14
                                                Territory.......................               2               1
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              37              15
----------------------------------------------------------------------------------------------------------------
USVI-02, Long Point Bay.......................  Federal.........................               0               0
                                                Territory.......................               9               4
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................               9               4
----------------------------------------------------------------------------------------------------------------
USVI-03, St. Croix South......................  Federal.........................               0               0
                                                Territory.......................              20               8
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              20               8
----------------------------------------------------------------------------------------------------------------
USVI-04, East End.............................  Federal.........................               0               0
                                                Territory.......................              16               6
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              16               6
----------------------------------------------------------------------------------------------------------------
USVI-05, Chenay to Coakley....................  Federal.........................               0               0
                                                Territory.......................              15               6
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              15               6
----------------------------------------------------------------------------------------------------------------
USVI-06, Buccaneer............................  Federal.........................               0               0
                                                Territory.......................               6               2
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................               6               2
----------------------------------------------------------------------------------------------------------------
USVI-07, Judith's Fancy.......................  Federal.........................               0               0
                                                Territory.......................               3               1
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................               3               1
----------------------------------------------------------------------------------------------------------------

[[Page 46401]]

 
USVI-08, Buck Island Reef National Monument...  Federal.........................              12               5
                                                Territory.......................               0               0
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................              12               5
----------------------------------------------------------------------------------------------------------------
    ** South Atlantic DPS Totals..............  Federal.........................              47              19
                                                Territory.......................              71              28
                                                Local Gov't.....................               0               0
                                                Private/Other...................               0               0
                                                Uncategorized...................               0               0
                                                                                 -------------------------------
                                                   Total........................             117              47
----------------------------------------------------------------------------------------------------------------
Note: Total numbers for individual units and totals for each DPS may not sum due to rounding (to the nearest
  whole number).
\1\ Local government ownership may include counties, cities, or municipalities. Private/Other ownership includes
  nonprofit preserve/reserve areas. Uncategorized ownership type occurs only within some units in the three
  Pacific DPSs.


                      Table 2--Co-occurring Critical Habitat Designations That Overlap Proposed Critical Habitat for Green Turtles
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Area of overlap with designated critical habitat \1\ in acres (ac) (hectares (ha))
                                                                                        [# of proposed green turtle units overlapping]
                              Species                               ------------------------------------------------------------------------------------
                                                                      Central North    Central South     Central West    North Atlantic   South Atlantic
                                                                       Pacific DPS      Pacific DPS      Pacific DPS          DPS              DPS
--------------------------------------------------------------------------------------------------------------------------------------------------------
loggerhead sea turtle (Caretta caretta)............................             N/A              N/A              N/A   4,649 ac (1,881             N/A
                                                                                                                              ha) [18]
hawksbill sea turtle (Eretmochelys imbricata)......................             N/A              N/A              N/A    66 ac (27 ha)              N/A
                                                                                                                                   [1]
leatherback sea turtle (Dermochelys coriacea)......................             N/A              N/A              N/A              N/A    27 ac (11 ha)
                                                                                                                                                    [1]
Mona boa (Epicrates monensis)......................................             N/A              N/A              N/A    66 ac (27 ha)              N/A
                                                                                                                                   [1]
Mona ground iguana (Cyclura cornuta stejnegeri)....................             N/A              N/A              N/A    66 ac (27 ha)              N/A
                                                                                                                                   [1]
piping plover (Charadrius melodus).................................             N/A              N/A              N/A   385 ac (155 ha)             N/A
                                                                                                                                   [4]
yellow-shouldered blackbird (Agelaius xanthomus)...................             N/A              N/A              N/A    66 ac (27 ha)              N/A
                                                                                                                                   [1]
Guam Micronesian kingfisher (Todiramphus cinnamominus cinnamominus)             N/A              N/A     21 ac (9 ha)              N/A              N/A
                                                                                                                  [2]
Mariana crow (Corvus kubaryi)......................................             N/A              N/A    25 ac (10 ha)              N/A              N/A
                                                                                                                  [4]
St. Andrew's beach mouse (Peromyscus polionotus peninsularis)......             N/A              N/A              N/A   426 ac (172 ha)             N/A
                                                                                                                                   [1]
Choctawhatchee beach mouse (Peromyscus polionotus).................             N/A              N/A              N/A   134 ac (54 ha)              N/A
                                                                                                                                   [2]
Mariana fruit bat (Pteropus mariannus).............................             N/A              N/A     21 ac (9 ha)              N/A              N/A
                                                                                                                  [2]
Blackburn's sphinx moth (Manduca blackburni).......................  7 ac (3 ha) [2]             N/A              N/A              N/A              N/A
Cape Sable thoroughwort (Chromolaena frustrata)....................             N/A              N/A              N/A   4 ac (2 ha) [1]             N/A
Aboriginal prickly-apple (Harrisia aboriginum).....................             N/A              N/A              N/A   114 ac (46 ha)              N/A
                                                                                                                                   [4]
no common name (Agave eggersiana)..................................             N/A              N/A              N/A              N/A   4 ac (2 ha) [2]
coastal flatsedge (Cyperus pennatiformis) and Loulu (Pritchardia          171 ac 69              N/A              N/A              N/A              N/A
 remota)...........................................................          ha)[1]
Hilo ischaemum (Ischaemum byrone)..................................  4 ac (2 ha) [2]             N/A              N/A              N/A              N/A
[revaps]Ohai (Sesbania tomentosa)..................................  197 ac (81 ha)              N/A              N/A              N/A              N/A
                                                                                [5]
no common name (Vigna o-wahuensis).................................  5 ac (2 ha) [3]             N/A              N/A              N/A              N/A
Kohe malama o kanaola (Kanaloa kahoolawensis)......................  3 ac (1 ha) [1]             N/A              N/A              N/A              N/A

[[Page 46402]]

 
6 plant species of the Hawaiian Islands \2\........................  191 ac (77 ha)              N/A              N/A              N/A              N/A
                                                                            [1] \3\
22 plant species of the Hawaiian Islands \4\.......................   <1 ac (<1 ha)              N/A              N/A              N/A              N/A
                                                                            [1] \2\
                                                                    ------------------------------------------------------------------------------------
    Total Overlap (Combined) for Each DPS..........................  375 ac (152 ha)             N/A    25 ac (10 ha)   4,849 ac (1,962   31 ac (13 ha)
                                                                              [17%]                              [8%]        ha) [81%]            [27%]
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.
\1\ Values presented in this table are for federally threatened or endangered species for which critical habitat designations are in place. Additional
  species with proposed critical habitat may be added to this table if finalized prior to publication of the green turtle final critical habitat
  designation.
\2\ [revaps][Omacr]lulu (Brighamia insignis), [revaps]Awiwi (Schenkia sebaeoides), Ka[revaps]a (Cyperus trachysanthos), no common name (Kadua stjohnii),
  Lau[revaps]ehu (Panicum niihauense), and Ma[revaps]oli[revaps]oli (Schiedea apokremnos).
\3\ Critical habitat for each of these species overlaps only one green turtle proposed critical habitat unit, where existing critical habitat for some
  of these plants overlap the same green turtle proposed unit and one or more of the other plants overlap other units. However, total overlap with green
  turtle proposed critical habitat does not exceed <1 ac (<1 ha) in all instances for each plant species.
\4\ Round-leaved chaff-flower (Achyranthes splendens var. rotundata), Ki[revaps]oko[revaps]olau (Bidens amplectens), no common name (Bonamia menziesii),
  Ko[revaps]oko[revaps]olau (Bidens micrantha ssp. kalealaha), [Amacr]wikiwiki (Canavalia pubescens), K[amacr]manomano (Cenchrus agrimonioides),
  Kokolameli (Chamaesyce kuwaleana), Kauila (Colubrina oppositifolia), Pauoa (Ctenitis squamigera), `Akoko (Euphorbia celastroides var. kaenana),
  M[emacr]hamehame (Flueggea neowawraea), Ma[revaps]o hau hele (Hibiscus brackenridgei), Nehe (Melanthera kamolensis), Alani (Melicope mucronulata), no
  common name (Neraudia sericea), Kulu[revaps]i (Nototrichium humile), [revaps]Iliahi (Santalum haleakalae var. lanaiense), [revaps][Amacr]wiwi
  (Schenkia sebaeoides), P[omacr]polo k[umacr] mai (Solanum incompletum), no common name (Spermolepis hawaiiensis), and A[revaps]e (Zanthoxylum
  hawaiiensis).

    We present brief descriptions of all proposed units within each 
DPS, and reasons why they meet the definition of critical habitat for 
the green turtle, below.

Central North Pacific DPS

Unit HI-01: Kure Atoll
    Unit HI-01 consists of 106 ac (43 ha) on Kure Atoll (a.k.a. 
H[omacr]lanik[umacr] or Mokup[amacr]papa), Honolulu County, the 
northernmost island in the Hawaiian archipelago. This unit is located 
approximately 57 to 60 mi (92 to 96 km) northwest of Midway Islands 
(a.k.a. Kuaihelani or Pihemanu) and includes beach, sandy shoals, 
coastal vegetation, and emergent sandy lands from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation. This unit includes two segments: 55 ac (22 ha) on Kure Sand 
Island and 51 ac (21 ha) on Green Island. All lands within this unit 
are in State ownership. General land use within this unit is natural 
resource conservation. There are no permanent inhabitants on Kure 
Atoll.
    Unit HI-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains green turtle nesting habitat at the northernmost part of the 
Central North Pacific DPS, serving as an important managed nesting 
area. This unit also contains internesting beach area to support 
placement of multiple nests by individual turtles within a single 
season and area for the nesting population of green turtles to expand 
and recover. Additionally, this unit contains basking male and female 
green turtles year-round, providing important basking habitat 
throughout the year. The remoteness of Kure Atoll provides overall 
limited disturbance to green turtle eggs, hatchlings, and adults 
compared to other areas within the DPS.
    Threats to the PBFs identified within Unit HI-01 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management and removing terrestrial debris from the 
beaches and marine debris that washes ashore. All lands within this 
unit are managed by the Hawai[revaps]i Division of Forestry and 
Wildlife (HDOFAW) for conservation purposes as part of the State's 
wildlife sanctuary (HDOFAW 2022, entire) and the 
Papah[amacr]naumoku[amacr]kea Marine National Monument, which provides 
additional management guidance and protection of the nesting and 
basking grounds for green turtles (Papah[amacr]naumoku[amacr]kea Marine 
National Monument 2008, entire).
Unit HI-02: Midway Islands
    Unit HI-02 consists of 88 ac (35 ha) on Midway Islands (a.k.a. 
Kuaihelani or Pihemanu), part of the United States Minor Outlying 
Islands, the second northernmost island in the Hawaiian archipelago. 
This unit is located approximately 57 to 60 mi (92 to 96 km) east of 
Kure Atoll (a.k.a. H[omacr]lanik[umacr] or Mokup[amacr]papa) and 
includes beach, coastal vegetation, sandy shoals, and emergent sandy 
lands from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation or hardened or developed structures 
(e.g., abandoned historical military structures). This unit includes 
two segments in two areas: (1) 8 ac (3 ha) along the northeastern shore 
of Sand Island, and (2) 80 ac (32 ha) on Spit and Eastern Islands. All 
lands within this unit are in Federal ownership. General land use 
within this unit is historical preservation and natural resource 
conservation. There are no permanent inhabitants on Spit and Eastern 
Islands.
    Unit HI-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains green turtle nesting habitat at the northernmost part of the 
Central North Pacific DPS, serving as an important managed nesting 
area. This unit also contains internesting beach area to support 
placement of multiple nests by individual turtles within a single 
season and area for the nesting population of green turtles to

[[Page 46403]]

expand and recover. Additionally, this unit contains basking male and 
female green turtles year-round, providing important basking habitat 
throughout the year. Finally, the remoteness of Midway Islands provides 
overall limited disturbance to green turtle eggs, hatchlings, and 
adults compared to other areas within the DPS.
    Threats to the PBFs identified within Unit HI-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (i.e., hurricanes, tsunamis, oil 
spills), invasive nonnative vegetation, human activities (i.e., 
shoreline stabilization and response to oil spills), and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, enforcing rules to 
prevent invasive plants from being transported into the unit, and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore. All lands within this unit are managed by the USFWS for 
wildlife conservation purposes as the Midway Atoll NWR and the 
Papah[amacr]naumoku[amacr]kea Marine National Monument, which provides 
additional management guidance and protection of the nesting and 
basking grounds for green turtles (Papah[amacr]naumoku[amacr]kea Marine 
National Monument 2008, entire).
Unit HI-03: Pearl and Hermes Atoll
    Unit HI-03 consists of 207 ac (84 ha) on Pearl and Hermes (a.k.a. 
Manawai or Holoikauaua), Honolulu County, the third northernmost island 
in the Hawaiian archipelago. This unit is located approximately 97 mi 
(156 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) 
and includes beach, coastal vegetation, sandy shoals, and emergent 
sandy lands from the MHWL. The landward boundary is the line indicating 
the beginning of dense vegetation. This unit includes seven segments: 
74 ac (30 ha) on North Island, 34 ac (14 ha) on Little North Island, 34 
ac (14 ha) on Southeast Island, 3 ac (1 ha) on Bird Island, 14 ac (6 
ha) and 3 ac (1 ha) on Green Island, and 46 ac (19 ha) on Kittery 
Island (a.k.a. Seal Kittery Island). All lands within this unit are in 
Federal ownership. General land use within this unit is natural 
resource conservation. There are no permanent inhabitants on Pearl and 
Hermes Atoll.
    Unit HI-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains green turtle nesting habitat at the northernmost part of the 
Central North Pacific DPS, serving as an important nesting area. This 
unit also contains internesting beach area to support placement of 
multiple nests by individual turtles within a single season and area 
for the nesting population of green turtles to expand and recover. 
Additionally, this unit contains basking male and female green turtles 
year-round, providing important basking habitat throughout the year. 
Finally, the remoteness of Pearl and Hermes Atoll provides overall 
limited disturbance to green turtle eggs, hatchlings, and adults 
compared to other areas within the DPS.
    Threats to the PBFs identified within Unit HI-03 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, enforcing rules to prevent invasive plants 
from being transported into the unit, and removing terrestrial debris 
from the beaches and marine debris that washes ashore. All lands within 
this unit are managed by the USFWS for wildlife conservation purposes 
as the Hawaiian Islands NWR and the Papah[amacr]naumoku[amacr]kea 
Marine National Monument, which provides additional management guidance 
and protection of the nesting and basking grounds for green turtles 
(Papah[amacr]naumoku[amacr]kea Marine National Monument 2008, entire).
Unit HI-04: Lisianski Island
    Unit HI-04 consists of 295 ac (119 ha) on Lisianski Island (a.k.a. 
Kapou or Papa[revaps][amacr]poho), Honolulu County, the fourth 
northernmost island in the Hawaiian archipelago. This island unit is 
located approximately 256 mi (412 km) southeast of Midway Islands 
(a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal vegetation, 
sandy shoals, and emergent sandy lands from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation. All 
lands within this unit are in Federal ownership. General land use 
within this unit is natural resource conservation. There are no 
permanent inhabitants on Lisianski Island.
    Unit HI-04 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains green turtle nesting habitat at the northernmost part of the 
Central North Pacific DPS, serving as an important nesting area. This 
unit also contains internesting beach area to support placement of 
multiple nests by individual turtles within a single season and area 
for the nesting population of green turtles to expand and recover. 
Additionally, this unit contains basking male and female green turtles 
throughout the year, providing important basking habitat during non-
reproductive periods. The remoteness of Lisianski Island provides 
overall limited disturbance to green turtle eggs, hatchlings, and 
adults compared to other areas within the DPS.
    Threats to the PBFs identified within Unit HI-04 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, controlling and removing invasive plant 
species, enforcing rules to prevent invasive plants from being 
transported into the unit, and removing terrestrial debris from the 
beaches and marine debris that washes ashore. All lands within this 
unit are managed by the USFWS for wildlife conservation purposes as the 
Hawaiian Islands NWR and the Papah[amacr]naumoku[amacr]kea Marine 
National Monument, which provides additional management guidance and 
protection of the nesting and basking grounds for green turtles 
(Papah[amacr]naumoku[amacr]kea Marine National Monument 2008, entire).
Unit HI-05: Laysan Island
    Unit HI-05 consists of 171 ac (69 ha) on Laysan Island (a.k.a. 
Kamole or Kau[omacr]), Honolulu County, and is the fifth northernmost 
island in the Hawaiian archipelago. This island unit is located 
approximately 386 mi (621 km) southeast of Midway Islands (a.k.a. 
Kuaihelani or Pihemanu) and includes beach, coastal vegetation, sandy 
shoals, emergent sandy lands from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation. All lands within 
this unit are in Federal ownership. General land use within this unit 
is natural resource conservation. There are no permanent inhabitants on 
Laysan Island.
    Unit HI-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains green turtle nesting habitat at the northernmost part of the 
Central North Pacific DPS, serving as an important nesting area. This 
unit also contains internesting beach area to support placement of 
multiple nests by individual turtles within a single season

[[Page 46404]]

and area for the nesting population of green turtles to expand and 
recover. Additionally, this unit contains basking male and female green 
turtles throughout the year, providing important basking habitat during 
non-reproductive periods. The remoteness of Laysan Island provides 
overall limited disturbance to green turtle eggs, hatchlings, and 
adults compared to other areas within the DPS. Approximately 171 ac (69 
ha; 100 percent) of the unit overlap with currently designated critical 
habitat for the following Hawaiian plants (68 FR 28054, May 22, 2003): 
coastal flatsedge (Cyperus pennatiformis) and loulu (Pritchardia 
remota).
    Threats to the PBFs identified within Unit HI-05 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, controlling and removing invasive plant 
species, enforcing rules to prevent invasive plants from being 
transported into the unit, and removing terrestrial debris from the 
beaches and marine debris that washes ashore. All lands within this 
unit are managed by the USFWS for wildlife and plant conservation 
purposes as the Hawaiian Islands NWR and the 
Papah[amacr]naumoku[amacr]kea Marine National Monument, which provides 
additional management guidance and protection of the nesting and 
basking grounds for green turtles (Papah[amacr]naumoku[amacr]kea Marine 
National Monument 2008, entire).
Unit HI-06: French Frigate Shoals
    Unit HI-06 consists of 95 ac (38 ha) in French Frigate Shoals 
(a.k.a. Lalo or K[amacr]nemiloha[revaps]i), Honolulu County, the sixth 
northernmost island in the Hawaiian archipelago. This unit is located 
approximately 557 to 761 mi (896 to 1,226 km) southeast of Midway 
Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, coastal 
vegetation, sandy shoals, and emergent sandy lands from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation or hardened or developed structures (e.g., abandoned 
military structures). This unit includes seven segments: 6 ac (3 ha) on 
Shark Island, 17 ac (7 ha) on Tern Island, 3 ac (1 ha) on Trig Island, 
1 ac (less than 1 ha) on Round Island, 27 ac (11 ha) on East Island, 20 
ac (8 ha) on Little Gin Island, and 22 ac (9 ha) on Gin Island. All 
lands within this unit are in Federal ownership. General land use 
within this unit is natural resource conservation. There are no 
permanent inhabitants on French Frigate Shoals.
    Unit HI-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains an elevated concentration of nesting green turtles during the 
nesting season, serving as an important nesting area while also 
providing internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting population of green turtles to expand and recover. This unit 
also contains basking male and female green turtles throughout the 
year, providing important basking habitat during non-reproductive 
periods. The remoteness of French Frigate Shoals provides overall 
limited disturbance to green turtle eggs, hatchlings, and adults 
compared to other areas within the DPS.
    Threats to the PBFs identified within Unit HI-06 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, controlling and removing invasive plant 
species, enforcing rules to prevent invasive plants from being 
transported into the unit, and removing terrestrial debris from the 
beaches and marine debris that washes ashore. All lands within this 
unit are managed by the USFWS for wildlife and plant conservation 
purposes as the Hawaiian Islands NWR and the 
Papah[amacr]naumoku[amacr]kea Marine National Monument, which provides 
additional management guidance and protection of the nesting and 
basking grounds for green turtles (Papah[amacr]naumoku[amacr]kea Marine 
National Monument 2008, entire).
Unit HI-07: Halelea and Ko`olau Moku
    Unit HI-07 consists of 69 ac (28 ha) along the north shore of the 
island of Kaua[revaps]i, Kaua[revaps]i County. This unit is located 
approximately 2 mi (4 km) to the west and 11 mi (18 km) to the east of 
community of Princeville, Kaua[revaps]i and includes beach, coastal 
vegetation, sandy shoals, and emergent sandy lands from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures (e.g., retaining 
wall). This unit comprises 22 segments in 10 areas on the northeast 
side of the island:
    (1) 4 segments within Hanalei Bay (west to east, 2 of which are 
less than 1 ac (less than 1 ha), 1 segment that is 4 ac (2 ha), and 1 
segment that is 19 ac (8 ha));
    (2) 1 segment on Sea Lodge Beach (less than 1 ac (less than 1 ha));
    (3) 1 segment on [revaps]Anini Beach (1 ac (less than 1 ha));
    (4) 3 segments on Kalihiwai Beach (west to east, 1 ac (less than 1 
ha), 3 ac (1 ha), and less than 1 ac (less than 1 ha));
    (5) 6 segments at Kauapea Beach (west to east, less than 1 ac (less 
than 1 ha), less than 1 ac (less than 1 ha), 8 ac (3 ha), less than 1 
ac (less than 1 ha), 6 ac (2 ha), and 7 ac (3 ha));
    (6) 1 segment north of Crater Hill at Makapili Beach (4 ac (2 ha));
    (7) 1 segment along the southwest shore of K[imacr]lauea Bay at 
Wailapa Beach (7 ac (3 ha));
    (8) 1 segment on P[imacr]la[revaps]a Beach (2 ac (1 ha));
    (9) 1 segment on Ka[revaps]aka[revaps]aniu Beach (a.k.a. Larsen's 
Beach or Lepeuli Beach) (3 ac (1 ha));
    (10) 2 segments along Moloa[revaps]a Bay (from west to east, 3 ac 
(1 ha) and 1 ac (less than 1 ha)); and
    (11) 1 segment on P[amacr]pa[revaps]a Beach (1 ac (less than 1 
ha)).
    Lands within this unit include approximately 2 ac (1 ha; 2 percent) 
in Federal ownership, less than 1 ac (less than 1 ha; 1 percent) in 
State ownership, less than 1 ac (less than 1 ha, 1 percent) in local 
government ownership, 9 ac (3 ha; 12 percent) in private/other 
ownership, and 59 ac (24 ha; 85 percent) that are uncategorized. 
General land use within this unit is natural resource conservation, 
recreational activities (e.g., fishing, snorkeling, swimming, surfing, 
picnicking, camping, beachcombing, kayaking, paddle boarding, and body 
boarding), and tourism.
    Unit HI-07 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the same geographic area, indicating that it serves 
as an important nesting site. This unit also has basking green turtles 
year-round, demonstrating that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. The

[[Page 46405]]

segments of this unit at Makapili Beach, Wailapa Beach, 
P[imacr]la[revaps]a Beach, Lepeuli Beach, Moloa[revaps]a Stream, 
Moloa[revaps]a Bay, and Papa[revaps]a Beach are surrounded by 
undeveloped forested lands, and many are also at the bottom of steep 
cliffs; therefore, these areas provide overall limited disturbance to 
green turtle eggs, hatchlings, and adults during the nesting season and 
throughout the year for basking green turtles. Approximately 1 ac (less 
than 1 ha; 2 percent) of the unit overlaps with currently designated 
critical habitat for a Hawaiian plant, Ischaemum byrone (68 FR 9116, 
February 27, 2003), at Kauapea Beach 5 and 6.
    Threats to the PBFs identified within Unit HI-07 include habitat 
loss, modification, and degradation of nesting or basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, shoreline stabilization and sand 
renourishment, recreation, coastal development and construction, 
artificial lights, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting habitat restoration or 
management, including removal of invasive vegetation; conducting an 
outreach program on respectful viewing of wildlife; minimizing human 
access and activities during the nesting season; minimizing artificial 
lighting near nesting beaches; and removing terrestrial debris from the 
beaches and marine debris that washes ashore. Less than 1 ac (less than 
1 ha) of the Federal lands within this unit are managed by the USFWS 
for plant and wildlife conservation as part of the K[imacr]lauea Point 
NWR's Comprehensive Conservation Plan (USFWS 2016, entire).
Unit HI-08: N[amacr] Pali Coast and M[amacr]n[amacr] Plains
    Unit HI-08 consists of 254 ac (103 ha) along the western coast of 
the island of Kaua[revaps]i, Kaua[revaps]i County. This unit is located 
in and to the west of the community of Kekaha and includes beach, 
coastal vegetation, sandy shoals, and emergent sandy lands from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or hardened or developed structures (e.g., 
shoreline stabilization measures). This unit comprises four segments in 
two areas, from north to south: (1) two 7-ac (3-ha) segments along the 
N[amacr] Pali Coast at Nu[revaps]alolo Kai Beach and Miloli[revaps]i 
Beach, respectively; and (2) two adjacent segments totaling 178 ac (72 
ha) and 64 ac (26 ha) along the coast of M[amacr]n[amacr] Plains at 
Barking Sands to Polihale Beach and Kekaha Beach, respectively. Lands 
within this unit include approximately 228 ac (92 ha; 90 percent) in 
State ownership and 26 ac (11 ha; 10 percent) that are uncategorized. 
General land use in this unit is natural resource conservation and 
recreational activities (e.g., swimming, picnicking, fishing, camping, 
hiking, and sightseeing).
    Unit HI-08 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. Nu[revaps]alolo Kai and Miloli[revaps]i Beaches 
are in a remote part of Kaua[revaps]i, surrounded by undeveloped 
forested lands, and reside at the bottom of steep cliffs; therefore, 
these areas provide overall limited disturbance to green turtle eggs, 
hatchlings, and adults during the nesting season and throughout the 
year for basking green turtles. Approximately 191 ac (77 ha; 75 
percent) of the unit overlaps with currently designated critical 
habitat for the following Hawaiian plants (68 FR 9116, February 27, 
2003): Brighamia insignis, Schenkia sebaeoides, Cyperus trachysanthos, 
Kadua stjohnii, Schiedea apokremnos, Panicum niihauense, and Sesbania 
tomentosa at Miloli[revaps]i Beach, Nu[revaps]alolo Kai, Kekaha Beach, 
and Barking Sands-Polihale Beach.
    Threats to the PBFs identified within Unit HI-08 include habitat 
loss, modification, and degradation of nesting or basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, human activities (i.e., shoreline 
stabilization, sand renourishment, transportation), recreation, 
artificial lights, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting habitat restoration or 
management, including removal of invasive vegetation; conducting an 
outreach program on respectful viewing of wildlife; minimizing human 
access and activities during the nesting season; minimizing artificial 
lighting near nesting beaches; and removing terrestrial debris from the 
beaches and marine debris that washes ashore. The State lands within 
this unit are managed by the Hawai[revaps]i Division of State Parks and 
the Hawai[revaps]i Division of Forestry and Wildlife for plant and 
wildlife conservation as part of the N[amacr] Pali Coast State 
Wilderness Park, the Polihale State Park, and the Pu[revaps]u Ka Pele 
Forest Reserve (Hawai[revaps]i Division of State Parks (HDSP) 2022a, no 
page numbers; HDSP 2022b, no page numbers; HDOFAW 2022, entire).
Unit HI-09: Puna Moku on Kaua[revaps]i
    Unit HI-09 consists of 33 ac (13 ha) along the eastern coast of the 
island of Kaua[revaps]i, Kaua[revaps]i County. This unit is located 
approximately 9 mi (15 km) to the northeast and 5 mi (8 km) to the 
southwest of the town of Lihue, Kaua[revaps]i and includes beach, 
coastal vegetation, sandy shoals, and emergent sandy lands from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or hardened or developed structures (e.g., 
shoreline stabilization measures or roadway or parking lot barriers). 
This unit comprises five segments in three areas: (1) three segments 
from north to south on Ke[amacr]lia Beach, Wailu[amacr] Beach, and 
Nukoli[revaps]i Beach (14 ac (6 ha), 5 ac (2 ha), and 6 ac (2 ha), 
respectively); (2) one segment less than 1 ac (less than 1 ha) on the 
northeast shoreline of N[amacr]wiliwili Harbor at Ninini Beach; and (3) 
one segment on K[imacr]p[umacr] Kai Beach (8 ac (3 ha)). Lands within 
this unit include approximately 3 ac (1 ha; 10 percent) in State 
ownership, 2 ac (1 ha, 7 percent) in local government ownership, 13 ac 
(5 ha; 41 percent) in private/other ownership, and 14 ac (6 ha; 42 
percent) that are uncategorized. General land use within this unit is 
cultural resource preservation, recreational activities (e.g., fishing, 
swimming, picnicking, and camping), tourism, and film production.
    Unit HI-09 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. The area at the K[imacr]p[umacr] Kai Beach is 
only accessible through private land or by water, thereby providing 
overall limited

[[Page 46406]]

disturbance to green turtle eggs, hatchlings, and adults at this 
location during the nesting season and throughout the year for basking 
green turtles.
    Threats to the PBFs identified within Unit HI-09 include habitat 
loss, modification, and degradation of nesting or basking beach 
habitat, naturally caused or human-caused disasters (i.e., hurricanes, 
tsunamis, and oil spills), invasive nonnative vegetation, human 
activities (i.e., shoreline stabilization, sand renourishment; 
dredging, and transportation), recreation, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, conducting an outreach program on respectful 
viewing of wildlife, minimizing human access and activities during the 
green turtle nesting season, minimizing artificial lighting near 
nesting beaches, and removing terrestrial debris on the beaches and 
marine debris that washes ashore.
Unit HI-10: Kona Moku on Kaua[revaps]i
    Unit HI-10 consists of 14 ac (6 ha) in the communities of 
Hanap[emacr]p[emacr], L[amacr]wai, and Po[revaps]ipu, Kaua[revaps]i 
County on the island of Kaua[revaps]i. This unit is located 
approximately 6 mi (9 km) to the southwest and 7 mi (11 km) to the 
southeast of the community of Kal[amacr]heo, Kaua[revaps]i, and 
includes beach, coastal vegetation, sandy shoals, and emergent sandy 
lands from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises five segments in four areas: (1) one 
segment each on Hanap[emacr]p[emacr] Salt Pond Beach (4 ac (2 ha)) and 
Wahiawa Beach (1 ac (less than 1 ha); (2) one segment on L[amacr]wai 
Kai Beach (2 ac (1 ha)); (3) one segment along Poipu Beaches (3 ac (1 
ha)); and (4) one segment along Keoniloa Bay at Shipwreck Beach (4 ac 
(1 ha)). Lands within this unit include approximately 4 ac (2 ha; 27 
percent) in State ownership, 3 ac (1 ha; 18 percent) in local 
government ownership, 6 ac (3 ha; 45 percent) in private/other 
ownership, and 1 ac (1 ha; 10 percent) that is uncategorized. General 
land use within this unit is cultural preservation, recreational 
activities (e.g., fishing, surfing, swimming, and picnicking), and 
tourism.
    Unit HI-10 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, which demonstrates that it serves as an 
important nesting site. This unit also has basking green turtles 
throughout the year, which shows that it serves as important basking 
habitat during the year. In addition, this unit also contains 
internesting beach area to support placement of multiple nests by 
individual turtles within a single season and area for the nesting and 
basking population to expand and recover. This unit also has existing 
outreach efforts at Poipu Beaches to provide guidance on respectful 
wildlife viewing to reduce the harassment of basking and nesting 
turtles, thereby affording nesting and basking turtles in these areas 
limited disturbance compared to other beaches in the same geographic 
areas.
    Threats to the PBFs identified within Unit HI-10 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused and human-caused disasters (i.e., hurricanes, tsunamis, and oil 
spills), invasive nonnative vegetation, shoreline stabilization and 
sand renourishment, recreation and tourism, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, including removal of invasive vegetation; 
conducting an outreach program on respectful viewing of wildlife; 
minimizing human access and activities during the green turtle nesting 
season; minimizing artificial lighting near nesting beaches; and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore.
Unit HI-11: Northern Ko[revaps]olauloa Moku
    Unit HI-11 consists of 132 ac (54 ha) in the communities of 
Hale[revaps]iwa, Kahuku, L[amacr][revaps]ie, and Hau[revaps]ula, 
Honolulu County. This unit is located less than 1 mi (1 km) north and 
11 mi (17 km) east of the community of P[umacr]p[umacr]kea, 
O[revaps]ahu, and includes beach, coastal vegetation, sandy shoals, and 
emergent sandy lands from the MHWL. The landward boundary is the line 
indicating the beginning of dense vegetation, cliff, or hardened or 
developed structures. This unit comprises 12 segments in 5 areas: (1) 
one segment on [revaps]Ehukai Beach (37 ac (15 ha)); (2) two segments 
within Kawela Bay (west to east, 2 ac (1 ha) and 2 ac (1ha)); (3) one 
segment each at Turtle Bay, Kaihalulu Beach, and Kahuku North Beach (5 
ac (2 ha), 4 ac (1 ha), 19 ac (8 ha)); (4) two segments along the 
shoreline of James Campbell NWR (north to south, 9 ac (3 ha) and 20 ac 
(8 ha)); and (5) one segment each on Kahuku Golf Course Beach, 
Mal[amacr]ekahana Beach, Hau[revaps]ula Beach, and M[amacr]kao Beach 
(21 ac (8 ha), 11 ac (5 ha), 2 ac (1 ha), and less than 1 ac (less than 
1 ha)). Lands within this unit include approximately 24 ac (10 ha; 18 
percent) in Federal ownership, 26 ac (10 ha; 19 percent) in State 
ownership, less than 1 ac (less than 1 ha; less than 1 percent) in 
local government ownership, 30 ac (12 ha; 22 percent) in private/other 
ownership, and 53 ac (21 ha; 40 percent) that are uncategorized. 
General land use in this unit is natural resource conservation, 
recreational activities (e.g., fishing, swimming, picnicking, and 
camping), flood control, tourism, and film production.
    Unit HI-11 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. Land managers within this unit also conduct 
outreach efforts for beach users regarding respectful wildlife viewing, 
thereby limiting disturbance to basking juveniles and adults, nesting 
females, and emerging green turtle hatchlings.
    Threats to the PBFs identified within Unit HI-11 include habitat 
loss, modification, and degradation of nesting beach habitat from 
climate change, naturally caused disasters (i.e., hurricanes and 
tsunamis), invasive nonnative vegetation, human activities (i.e., 
shoreline stabilization, sand renourishment, and transportation), 
recreation and tourism, coastal development and construction, 
artificial lights, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting habitat restoration or 
management, including removal of invasive vegetation; conducting an 
outreach program on respectful viewing of wildlife; minimizing human 
access and activities during the green turtle nesting season; 
minimizing artificial lighting near nesting beaches; and removing 
terrestrial debris on the beaches and marine debris that washes

[[Page 46407]]

ashore. Federal lands within this unit are managed by the USFWS for 
plant and wildlife conservation as part of the James Campbell NWR's 
Comprehensive Conservation Plan (USFWS 2011, entire). State lands are 
managed by the Hawai[revaps]i Department of Land and Natural Resources 
for recreation as part of the Mal[amacr]ekahana State Recreation Area 
(Kahuku Sec.) and Mal[amacr]ekahana State Recreation Area (Laie Sec.) 
(HDSP 2022c, no page numbers).
Unit HI-12: Waialua Moku
    Unit HI-12 consists of 82 ac (33 ha) in the communities of 
Mokul[emacr][revaps]ia, Waialua, and Haleiwa, Honolulu County. This 
unit is located approximately 26 to 30 mi (42 to 49 km) northwest of 
the city of Honolulu, O[revaps]ahu, and includes beach, sandy shoals, 
coastal vegetation, and emergent sandy lands from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures (e.g., retaining 
walls, hardened shoreline, or abandoned military structures). This unit 
comprises 12 segments in 5 areas: (1) 2 segments along 
Mokul[emacr][revaps]ia Beach (from west to east, 19 ac (8 ha) and 9 ac 
(3 ha)); (2) 1 segment that runs parallel to Croizer Drive (10 ac (4 
ha)); (3) 2 segments within Ali[revaps]i Beach Park (from west to east, 
6 ac (2 ha) and 3 ac (1 ha)); (4) 4 segments within Hale[revaps]iwa 
Beach Park and Pua[revaps]ena Beach (from west to east, 1 segment that 
is 3 ac (1 ha), and 3 segments each of which are less than 1 ac (less 
than 1 ha); and (5) 3 segments east of Pua[revaps]ena Point at 
Pua[revaps]ena Point to Papailoa Beach, and Chun's Reef (from west to 
east, 22 ac (9 ha), 5 ac (2 ha), and 7 ac (3 ha)). Lands within this 
unit include approximately less than 1 ac (less than 1 ha; less than 1 
percent) in Federal ownership, 7 ac (3 ha; 9 percent) in State 
ownership, 5 ac (2 ha; 6 percent) in local government ownership, 29 ac 
(12 ha; 35 percent) in private/other ownership, and 41 ac (17 ha; 44 
percent) that are uncategorized. General land use within this unit is 
natural resource conservation, recreational activities (e.g., swimming, 
snorkeling, scuba diving, surfing, picnicking, camping, fishing, 
hiking, and sky diving), tourism, and film production.
    Unit HI-12 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains an elevated concentration of nesting green turtles along the 
western coast of the north shore of O[revaps]ahu. It serves as an 
important nesting area while also providing internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population of green turtles to 
expand and recover. This unit also contains basking male and female 
green turtles year-round, serving as important basking habitat 
throughout the year. This unit has existing outreach efforts at beaches 
for beach users on respectful wildlife viewing guidance, thereby 
affording nesting and basking turtles in these areas limited 
disturbance compared to other beaches in the same geographic areas. 
Approximately less than 1 ac (less than 1 ha; 0 percent) of the unit 
overlaps with currently designated critical habitat for the following 
Hawaiian plants (77 FR 57647, September 18, 2012): Achyranthes 
splendens var. rotundata Bidens amplectens, Euphorbia celastroides var. 
kaenana, Schenkia sebaeoides, Sesbania tomentosa, and Vigna o-wahuensis 
in Mokul[emacr][revaps]ia Beach.
    Threats to the PBFs identified within Unit HI-12 include habitat 
loss, modification, and degradation of nesting or basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, human activities (i.e., shoreline 
stabilization, sand renourishment, transportation, and dredging), 
recreation and tourism, coastal development and construction, 
artificial lights, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting habitat restoration or 
management, including removal of invasive vegetation; conducting an 
outreach program on respectful viewing of wildlife; minimizing human 
access and activities during the green turtle nesting season; 
minimizing artificial lighting near nesting beaches; and removing 
terrestrial debris on the beaches and marine debris that washes ashore. 
State lands are managed by the State of Hawai[revaps]i Division of 
State Parks for plant and wildlife conservation as the Ka[revaps]ena 
Point State Park (Hawai[revaps]i Department of Land and Natural 
Resources (HDLNR) 2011, entire).
Unit HI-13: Wai[revaps]anae Moku
    Unit HI-13 consists of 13 ac (5 ha) along the west coast of 
O[revaps]ahu, Honolulu County. This unit is located approximately 26 to 
30 mi (41 to 49 km) northwest of the city of Honolulu, O[revaps]ahu, 
and includes beach, sandy shoals, coastal vegetation, and emergent 
sandy lands from the MHWL. The landward boundary is the line indicating 
the beginning of dense vegetation. This unit comprises two segments: 13 
ac (5 ha) and less than 1 ac (less than 1 ha)) south of Ka[revaps]ena 
Point at Puau Beach and Lauk[imacr]nui (a.k.a. Aki's Cove). Lands 
within this unit include approximately 13 ac (5 ha; 98 percent) in 
State ownership, less than 1 ac (less than 1 ha; 1 percent) in private 
ownership, and less than 1 ac (less than 1 ha; 1 percent) that is 
uncategorized. General land use within this unit is recreational 
activities (e.g., fishing, snorkeling, swimming, surfing, kayaking, 
paddle boarding, body boarding, picnicking, camping, beachcombing, and 
hiking).
    Unit HI-13 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit is the 
only unit that contains documented nesting green turtles along the 
western coast of O[revaps]ahu, serving as an important nesting area 
while also providing internesting beach area to support placement of 
multiple nests by individual turtles within a single season and area 
for the nesting population of green turtles to expand and recover. This 
unit also contains basking male and female green turtles year-round, 
demonstrating that it serves as an important basking habitat throughout 
the year. Additionally, the remoteness of Puau Beach and M[amacr]kua 
Beach, which are surrounded by undeveloped lands, reduces artificial 
lighting impacts that occur in other beach areas of the DPS during the 
nesting season.
    Threats to the PBFs identified within Unit HI-13 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, recreation and tourism, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, including removal of invasive vegetation; 
conducting an outreach program on respectful viewing of wildlife; 
minimizing human access and activities during the green turtle nesting 
season; minimizing artificial lighting near nesting beaches; and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. State-owned lands within this unit are managed by HDSP 
for plant and wildlife conservation as part of the Ka[revaps]ena Point 
State Park (HDLNR 2011, entire).

[[Page 46408]]

Unit HI-14: Ko[revaps]olaupoko Moku
    Unit HI-14 consists of 53 ac (22 ha) along the east coast of 
O[revaps]ahu, Honolulu County. This unit is located approximately 12 to 
14 mi (20 to 22 km) north and east of the city of Honolulu, 
O[revaps]ahu, and includes beach, sandy shoals, coastal vegetation, and 
emergent sandy lands from the MHWL. The landward boundary is the line 
indicating the beginning of dense vegetation, cliff, or hardened or 
developed structures (e.g., retaining walls, hardened shoreline, or 
abandoned military structures). This unit comprises seven segments in 
four areas: (1) one segment along the shores of K[amacr]ne[revaps]ohe 
Bay at M[omacr]li[revaps]i Beach (4 ac (1 ha)); (2) four segments along 
the east coast of O[revaps]ahu on Kailua Beach, Bagley Beach (a.k.a. 
Sherwoods Beach), Kalapueo Beach, and Makapu[revaps]u Beach (29 ac (12 
ha), 10 ac (4 ha), 2 ac (1 ha), and 3 ac (1 ha)); (3) one segment at 
M[amacr]nana Island (a.k.a Rabbit Island) (1 ac (less than 1 ha); and 
(4) one segment along the southeast shore of O[revaps]ahu at Sandy 
Beach (4 ac (2 ha)). Lands within this unit include approximately 7 ac 
(3 ha; 14 percent) in State ownership, 3 ac (1 ha; 6 percent) in local 
government ownership, less than 1 ac (less than 1 ha; 1 percent) in 
private/other ownership, and 42 ac (17 ha; 79 percent) that are 
uncategorized. General land use within this unit is natural resource 
conservation, recreational activities (e.g., fishing, snorkeling, 
swimming, surfing, picnicking, camping, beachcombing, kayaking, paddle 
boarding, and body boarding), and tourism.
    Unit HI-14 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. Some areas in this unit have existing outreach 
efforts at beaches for beach users on respectful wildlife viewing 
guidance, thereby affording nesting and basking turtles in these areas 
limited disturbance compared to other beaches in the same geographic 
areas. Approximately 1 ac (less than 1 ha; 2 percent) of the unit 
overlaps with currently designated critical habitat for the following 
Hawaiian plants (77 FR 57648, September 18, 2012): Chamaesyce 
kuwaleana, Sesbania tomentosa, and Vigna o-wahuensis at M[amacr]nana 
Island.
    Threats to the PBFs identified within Unit HI-14 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, human activities (i.e., shoreline stabilization, sand 
renourishment, transportation, dredging, and flood control), recreation 
and tourism, coastal development and construction, artificial lights, 
and presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
including removal of invasive vegetation; conducting an outreach 
program on respectful viewing of wildlife; minimizing human access and 
activities during the green turtle nesting season; minimizing 
artificial lighting near nesting beaches; and removing terrestrial 
debris on the beaches and marine debris that washes ashore. State-owned 
lands within this unit are managed by HDSP and HDOFAW for plant and 
wildlife conservation as part of the Kaiwi Scenic Shoreline and 
M[amacr]nana Island Seabird Sanctuary (HDSP 2022d, no page numbers; 
HDSP 2002e, no page numbers; HDOFAW 2022, no page numbers).
Unit HI-15: [revaps]Ewa Moku
    Unit HI-15 consists of 9 ac (4 ha) in the community of [revaps]Ewa 
Beach, Honolulu County, on the island of O[revaps]ahu. This unit is 
located approximately 9 to 17 mi (14 to 28 km) west of the city of 
Honolulu, O[revaps]ahu, and includes beach, sandy shoals, coastal 
vegetation, and emergent sandy lands from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation, or 
hardened or developed structures (e.g., retaining walls or hardened 
shoreline). This unit comprises three segments in two areas west of 
Pearl Harbor: (1) one segment on the southwest coast of O[revaps]ahu at 
Lanik[umacr]honua Beach (1 ac (less than 1 ha)); and (2) two segments 
along [revaps]Ewa Beach (from west to east, less than 1 ac (less than 1 
ha) and 8 ac (3 ha)). Lands within this unit include approximately less 
than 1 ac (less than 1 ha; 3 percent) in local government ownership, 2 
ac (1 ha; 25 percent) in private/other ownership, and 7 ac (3 ha; 72 
percent) that are uncategorized. General land use within this unit is 
natural resource conservation, recreational activities (e.g., fishing, 
snorkeling, swimming, surfing, picnicking, camping, and beachcombing), 
and tourism.
    Unit HI-15 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover.
    Threats to the PBFs identified within Unit HI-15 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, shoreline stabilization and sand renourishment, recreation 
and tourism, coastal development and construction, artificial lights, 
and presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore.
Unit HI-16: Moloka[revaps]i Island
    Unit HI-16 consists of 160 ac (65 ha) along the eastern and 
northern coasts of Moloka[revaps]i, Maui County, and Kalawao County 
(Kalaupapa National Historical Park). This unit is located 
approximately 7 to 17 mi (11 to 27 km) northwest to north of the town 
of Kaunakakai, Moloka[revaps]i, and includes beach, sandy shoals, 
coastal vegetation, and emergent sandy lands from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation or cliff. This unit comprises eight segments in five areas: 
(1) two segments on Kaw[amacr]kiu Gulch Beach (3 ac (1 ha) and less 
than 1 ac (less than 1 ha)); (2) two segments on 
P[amacr]p[omacr]hakum[amacr]uliuli Beach (3 ac (1 ha) and 2 ac (1 ha)); 
(3) one segment each at Kepuhi Beach (12 ac (5 ha)) and 
P[amacr]p[omacr]haku Beach (66 ac (27 ha)); (4) one segment at 
Kawa[revaps]aloa Beach (48 ac (19 ha)); and (5) 26 ac (10 ha) at 
[revaps]Awahua Beach. Lands within this unit include

[[Page 46409]]

approximately 15 ac (6 ha; 10 percent) in State ownership, 104 ac (42 
ha; 65 percent) in private ownership, and 40 ac (16 ha; 25 percent) 
that are uncategorized. General land use within this unit is cultural 
resource preservation, natural resource conservation, recreational 
activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, 
camping, beachcombing, kayaking, paddle boarding, body boarding), and 
tourism.
    Unit HI-16 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. The island of Moloka[revaps]i is mainly vast 
tracts of undeveloped natural coastal and forest habitat that surround 
the beach nesting areas, thereby providing limited disturbance from 
human activities during the nesting season as compared to other areas 
within the DPS. The small human population on the island also limits 
the amount of disturbance to basking green turtles (compared to other 
areas within the DPS).
    Threats to the PBFs identified within Unit HI-16 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, recreation and tourism, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, including removal of 
invasive vegetation; conducting an outreach program on respectful 
viewing of wildlife; minimizing human access and activities during the 
green turtle nesting season; and removing terrestrial debris on the 
beaches and marine debris that washes ashore. Federal lands within this 
unit are leased from the State and managed by the National Park Service 
(NPS) for cultural and historical preservation and plant and wildlife 
conservation as part of the Kalaupapa National Historical Park (NPS 
2021a, entire). Privately owned lands within this unit are managed by 
The Nature Conservancy (TNC) as the Mo[revaps]omomi Preserve for plant 
and wildlife conservation (TNC 2011, entire).
Unit HI-17: K[amacr][revaps]anapali Moku
    Unit HI-17 consists of 34 ac (14 ha) along the northeast coast of 
Maui, Maui County. This unit is located approximately 1 to 5 mi (2 to 8 
km) northeast and southwest of the community of Kapalua, including 
beach, sandy shoals, coastal vegetation, and emergent sandy lands from 
the MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation or hardened or developed structures (e.g., retaining 
walls, hardened shoreline, or buildings). This unit includes five 
segments in three areas: (1) one segment on D.T. Fleming Beach Park (4 
ac (2 ha)); (2) one segment less than 1 ac (less than 1 ha) on 
[revaps]Alaeloa Beach; and (3) one segment each on P[omacr]hakuanapali 
Beach (5 ac (2 ha)), Honok[omacr]wai Beach (3 ac (1 ha)), and 
Ka[revaps]anapali Beach 1 (21 ac (9 ha)). Lands within this unit 
include approximately 1 ac (less than 1 ha; 2 percent) in State 
ownership, 10 ac (4 ha; 30 percent) in private ownership, and 23 ac (9 
ha; 68 percent) that are uncategorized. General land use within this 
unit is recreational activities (e.g., fishing, snorkeling, swimming, 
surfing, picnicking, camping, beachcombing, kayaking, paddle boarding, 
and body boarding) and tourism.
    Unit HI-17 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover.
    Threats to the PBFs identified within Unit HI-17 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, human activities (i.e., shoreline 
stabilization, sand renourishment, and transportation), recreation and 
tourism, coastal development and construction, artificial lights, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore.
Unit HI-18: P[umacr][revaps]ali Komohana and H[amacr]m[amacr]kuapoko 
Moku
    Unit HI-18 consists of 73 ac (29 ha) on the northeast coastline of 
West Maui and the northwest coastline of East Maui, Maui County, on the 
island of Maui. This unit is located approximately 5 to 8 mi (7 to 13 
km) northwest to east of the community of Kahului and includes beach, 
sandy shoals, coastal vegetation, and emergent sandy lands from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or hardened or developed structures (e.g., 
retaining walls, hardened shoreline, or a building). This unit 
comprises 16 segments in 6 areas: (1) northwest of Kahului Harbor, 1 
segment each on Kalaeili[revaps]ili[revaps]i Beach, Waihee Beach, and 
Ka[revaps]ehu Beach (7 ac (3 ha), 6 ac (3 ha), and 7 ac (3 ha)); (2) 4 
segments by the Kahului International Airport along Kanah[amacr] Beach 
(from west to east, 1 ac (less than 1 ha), less than 1 ac (less than 1 
ha), 4 ac (2 ha), and 10 ac (4 ha)); (3) 1 segment along 
Papa[revaps]ula Point (7 ac (3 ha)); (4) 3 segments east of the Kahului 
International Airport along Spreckelsville Beach (from west to east, 2 
ac (1 ha), and 2 segments each of which are 1 ac (less than 1 ha)); (5) 
1 segment on Kapukaulua Beach (17 ac (7 ha)); (3) 2 segments along 
P[amacr][revaps]ia Bay (from west to east, 2 ac (1 ha) and 3 ac (1 
ha)); and (6) 2 segments along H[amacr]m[amacr]kuapoko-Ho[revaps]okipa 
Beach (from west to east, 2 ac (1 ha) and 2 ac (1 ha)). Lands within 
this unit include approximately 17 ac (7 ha; 23 percent) in State 
ownership, 6 ac (2 ha; 8 percent) in local government ownership, 30 ac 
(12 ha; 42 percent) in private/other ownership, and 19 ac (8 ha; 27 
percent) that are uncategorized. General land use within this unit is 
archeological and cultural preservation, natural resource conservation, 
recreational activities (e.g., fishing, snorkeling, swimming, surfing, 
picnicking, camping, beachcombing, kayaking, paddle boarding, body 
boarding), and tourism.
    Unit HI-18 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other

[[Page 46410]]

beaches in the area, demonstrating that it serves as an important 
nesting site. This unit also has basking green turtles year-round, 
which shows that it serves as important basking habitat throughout the 
year. Additionally, this unit contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting and basking population to expand 
and recover. The majority of the beach areas in this unit are adjacent 
to parks, airports, golf courses, or forested areas, thereby providing 
reduced levels of impacts compared to other areas within the DPS. This 
unit has existing outreach efforts at some beaches for beach users on 
respectful wildlife viewing guidance, thereby affording nesting and 
basking turtles in these areas limited disturbance compared to other 
beaches in the same geographic areas. Approximately 6 ac (2 ha; 8 
percent) of the unit overlap with designated critical habitat for 
Blackburn's sphinx moth (68 FR 34710, June 10, 2003) at Kanah[amacr] 
Beach.
    Threats to the PBFs identified within Unit HI-18 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, recreation and tourism, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, conducting an outreach program on respectful 
viewing of wildlife, minimizing human access and activities during the 
green turtle nesting season, minimizing artificial lighting near 
nesting beaches; and removing terrestrial debris on the beaches and 
marine debris that washes ashore. The privately owned lands within this 
unit are managed by Hawai[revaps]i Land Trust as part of the 
Waihe[revaps]e Coastal Dunes and Wetlands Refuge for archeological and 
cultural preservation, plant and wildlife conservation, and recreation 
(Hawai[revaps]i Land Trust 2022, no page numbers).
Unit HI-19: L[amacr]hain[amacr] Moku
    Unit HI-19 consists of 32 ac (13 ha) from the communities of 
K[amacr][revaps]anapali to L[amacr]hain[amacr], Maui County. This unit 
is located approximately 1 to 3 mi (2 to 5 km) northwest and southeast 
of the town of L[amacr]hain[amacr] and includes beach, sandy shoals, 
coastal vegetation, and emergent sandy lands from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation, or hardened or developed structures (e.g., retaining walls, 
hardened shoreline, or buildings). This unit comprises three segments: 
(24 ac (10 ha), 2 ac (1 ha), and 6 ac (2 ha)) at 
K[amacr][revaps]anapali Beach, Wahikuli Beach, and L[amacr]hain[amacr] 
Beach. Lands within this unit include approximately less than 1 ac 
(less than 1 ha; less than 1 percent) in State ownership, 3 ac (1 ha; 9 
percent) in local government ownership, 7 ac (3 ha; 21 percent) in 
private/other ownership, and 23 ac (9 ha; 70 percent) that are 
uncategorized. General land use within this unit is recreational 
activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, 
camping, beachcombing, kayaking, paddle boarding, and body boarding) 
and tourism.
    Unit HI-19 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover.
    Threats to the PBFs identified within Unit HI-19 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, shoreline stabilization and sand 
renourishment, recreation and tourism, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, conducting an outreach program on respectful 
viewing of wildlife, minimizing human access and activities during the 
green turtle nesting season, minimizing artificial lighting near 
nesting beaches, and removing terrestrial debris on the beaches and 
marine debris that washes ashore.
Unit HI-20: South P[umacr][revaps]ali Komohana and Kula Moku
    Unit HI-20 consists of 17 ac (7 ha) along the shores of 
M[amacr][revaps]alaea Bay in K[imacr]hei, Maui County. This unit is 
located approximately 13 to 17 mi (21 to 27 km) south of the town of 
L[amacr]hain[amacr] and includes beach, sandy shoals, coastal 
vegetation, and emergent sandy lands from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation, 
cliff, or hardened or developed structures (e.g., retaining walls, 
hardened shoreline, or buildings). This unit comprises three segments, 
one each on M[amacr][revaps]alaea Beach (less than 1 ac (less than 1 
ha)), Kalepolepo Beach (4 ac (1 ha)), and Kawililipoa Beach (13 ac (5 
ha)). Lands within this unit include approximately less than 1 ac (less 
than 1 ha; less than 1 percent) in Federal ownership, less than 1 ac 
(less than 1 ha; 1 percent) in State ownership, 4 ac (2 ha; 26 percent) 
in local government ownership, less than 1 ac (less than 1 ha; 1 
percent) in private/other ownership, and 12 ac (5 ha; 73 percent) that 
are uncategorized. General land use in this unit is recreational 
activities (e.g., fishing, snorkeling, swimming, surfing, picnicking, 
camping, beachcombing, kayaking, paddle boarding, and body boarding) 
and tourism.
    Unit HI-20 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. This unit has existing outreach efforts at some 
beaches for beach users on respectful wildlife viewing guidance, 
thereby affording nesting and basking turtles in these areas limited 
disturbance compared to other beaches in the same geographic areas.
    Threats to the PBFs identified within Unit HI-20 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, shoreline stabilization and sand 
renourishment, recreation and tourism, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, including removal of invasive vegetation; 
conducting an outreach program on respectful viewing of wildlife; 
minimizing human access and activities during the green turtle

[[Page 46411]]

nesting season; minimizing artificial lighting near nesting beaches; 
and removing terrestrial debris on the beaches and marine debris that 
washes ashore. The Federal land within this unit is the NOAA Hawaiian 
Islands Humpback Whale National Marine Sanctuary Visitor Center, which 
provides outreach and stewardship for the protection of marine species 
and their habitats, including the green turtle nesting and basking 
beaches.
Unit HI-21: H[amacr]na Moku
    Unit HI-21 consists of 3 ac (1 ha) in the small rural community of 
H[amacr]na, Maui County. This unit is located approximately 46 mi (74 
km) southeast of the town of L[amacr]hain[amacr] and includes beach, 
sandy shoals, coastal vegetation, emergent sandy lands, and low 
shelving reef or rock above the MHWL. The landward boundary is the line 
indicating the beginning of dense vegetation or cliff. This unit 
comprises three segments in two areas: (1) two segments on H[amacr]moa 
Beach (from north to south, 2 ac (1 ha) and less than 1 ac (less than 1 
ha)), and (2) 1 ac (less than 1 ha) on H[amacr]na Beach. Lands within 
this unit include approximately 2 ac (1 ha; 63 percent) in private 
ownership and 1 ac (less than 1 ha; 37 percent) that is uncategorized. 
General land use in this unit is recreational activities (e.g., 
fishing, snorkeling, swimming, surfing, picnicking, camping, 
beachcombing, kayaking, paddle boarding, and body boarding) and 
tourism.
    Unit HI-21 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. The segments of the unit near the concentrated 
residential area (and small population) of Hana contains a significant 
amount of tall vegetation that buffers the nesting beach from 
artificial lights, and all the areas in this unit are surrounded by 
large tracts of abandoned agricultural fields, with the segment near 
Hana being at the bottom of a steep cliff; therefore, these areas 
provide overall limited disturbance to nesting and basking green 
turtles compared to other areas within the DPS.
    Threats to the PBFs identified within Unit HI-21 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, recreation and tourism, and presence of terrestrial and 
marine debris. Special management considerations or protection measures 
to reduce or alleviate the threats may include conducting habitat 
restoration or management, including removal of invasive vegetation; 
conducting an outreach program on respectful viewing of wildlife; 
minimizing human access and activities during the green turtle nesting 
season; and removing terrestrial debris on the beaches and marine 
debris that washes ashore.
Unit HI-22: Honua[revaps]ula Moku
    Unit HI-22 consists of less than 1 ac (less than 1 ha) along the 
south coast of Maui, Maui County. This unit is located approximately 22 
to 25 mi (35 to 40 km) southeast of the town of L[amacr]hain[amacr] and 
includes beach, emergent sandy lands, and low shelving reef or rock 
from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, a lava rock, or hardened or developed 
structures (e.g., hardened shoreline). This unit comprises two 
segments, both of which are less than 1 ac (less than 1 ha) each at 
M[amacr]kena Landing Beach and Mokuha Beach. Lands within this unit 
include approximately less than 1 ac (less than 1 ha; 83 percent) in 
State ownership and less than 1 ac (less than 1 ha; 11 percent) in 
private ownership. General land use in this unit is natural resource 
conservation and recreational activities (e.g., fishing, snorkeling, 
swimming, and picnicking).
    Unit HI-22 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover.
    The segment at Mokuha Beach is along the undeveloped south coast of 
East Maui, surrounded by approximately 1,238 ac (501 ha) of 
inhospitable coastal lava flow within the [revaps][Amacr]hihi-
Kina[revaps]u Natural Area Reserve. Additionally, there is limited 
access to this beach compared to other areas within the DPS, further 
limiting impacts to green turtles during the nesting season and basking 
turtles year-round. Approximately less than 1 ac (less than 1 ha; 78 
percent) of the unit overlaps with designated critical habitat for 
Blackburn's sphinx moth (68 FR 34710, June 10, 2003), as well as the 
following Hawaiian plants (81 FR 17790, March 30, 2016): Bidens 
micrantha ssp. kalealaha, Bonamia menziesii, Canavalia pubescens, 
Cenchrus agrimonioides, Colubrina oppositifolia, Ctenitis squamigera, 
Flueggea neowawraea, Hibiscus brackenridgei, Melanthera kamolensis, 
Melicope mucronulata, Neraudia sericea, Nototrichium humile, Santalum 
haleakalae var. lanaiense, Sesbania tomentosa, Solanum incompletum, 
Spermolepis hawaiiensis, and Zanthoxylum hawaiiensis at Mokuha Beach.
    Threats to the PBFs identified within Unit HI-22 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, shoreline stabilization, recreation and 
tourism, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, including removal of invasive vegetation; 
conducting an outreach program on respectful viewing of wildlife; 
minimizing human access and activities during the green turtle nesting 
season; minimizing artificial lighting near nesting beaches; and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. The State lands within this unit are managed by HDOFAW 
for wildlife conservation as part of the [revaps][Amacr]hihi-
Kina[revaps]u Natural Area Reserve (HDOFAW 2012, entire).
Unit HI-23: L[amacr]na[revaps]i Island
    Unit HI-23 consists of 161 ac (65 ha) along the north and northeast 
coast of L[amacr]na[revaps]i, Maui County. This unit is located 
approximately 6 to 10 mi (10 to 16 km) northwest to northeast of 
L[amacr]na[revaps]i City and includes beach, sandy shoals, coastal 
vegetation, and emergent sandy lands from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation. This 
unit comprises six segments in two areas: (1) 86 ac (35 ha) at Polihua 
Beach; and (2) five segments in Ko[revaps]olau Moku (west to east, 9 ac 
(4 ha), 1 ac (less than 1 ha), 16 ac (7 ha), 7 ac (3 ha), and 43 ac (17 
ha)). Lands within this unit include

[[Page 46412]]

approximately 145 ac (59 ha; 90 percent) in private ownership and 17 ac 
(7 ha; 10 percent) that are uncategorized. General land use in this 
unit is recreational activities (e.g., fishing, snorkeling, swimming, 
surfing, picnicking, camping, and hunting).
    Unit HI-23 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. The areas in this unit are also not near the 
developed areas and access to the unit is over rough terrain, further 
limiting disturbance to green turtles that are nesting and basking.
    Threats to the PBFs identified within Unit HI-23 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, recreation and tourism, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, including removal of 
invasive vegetation; conducting an outreach program on respectful 
viewing of wildlife; minimizing human access and activities during the 
green turtle nesting season; and removing terrestrial debris on the 
beaches and marine debris that washes ashore. All lands within this 
unit are managed by HDOFAW as part of the L[amacr]na[revaps]i 
Cooperative Game Management Area (HDOFAW 2022, no page numbers).
Unit HI-24: Kaho[revaps]olawe Island
    Unit HI-24 consists of 3 ac (1 ha) along the west coast of the 
island of Kaho[revaps]olawe, Maui County. This unit is located 
approximately 25 mi (41 km) southeast of L[amacr]na[revaps]i City and 
includes beach and coastal vegetation from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation. All 
lands within this unit are in State ownership. General land use within 
this unit is cultural resource preservation and natural resource 
conservation.
    Unit HI-24 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented nesting green turtles as compared 
to other beaches in the area, demonstrating that it serves as an 
important nesting site. This unit also has basking green turtles year-
round, which shows that it serves as important basking habitat 
throughout the year. Additionally, this unit contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting and basking population 
to expand and recover. Access to the island of Kaho[revaps]olawe is 
restricted to boat or helicopter, which is strictly coordinated by the 
Kaho[revaps]olawe Island Reserve Commission and a nonprofit 
organization, and much of the land is off limits due to unexploded 
ordnance remaining in the ground after being used in the past by the 
U.S. military for bombing training. Therefore, this area provides 
overall limited disturbance to nesting and basking green turtles 
compared to other areas within the DPS. Most of the unit (just under 3 
ac (1 ha; 94 percent)) overlaps with designated critical habitat for 
three Hawaiian plants (81 FR 17790, March 30, 2016): Kanaloa 
kahoolawensis, Sesbania tomentosa, and Vigna o-wahuensis.
    Threats to the PBFs identified within Unit HI-24 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, human activities associated with cleanup 
of unexploded ordnance, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting habitat restoration or 
management, including removal of invasive vegetation; minimizing human 
access and activities during the green turtle nesting season; and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. All lands within this unit are managed by the 
Kaho[revaps]olawe Island Reserve Commission for archeology and cultural 
preservation and plant and animal conservation (Kanaloa 2026 Working 
Group 2014, entire).
Unit HI-25: South Kohala
    Unit HI-25 consists of 33 ac (13 ha) in the community of 
Puak[omacr], Hawai[revaps]i County. This unit is located approximately 
52 to 55 mi (83 to 88 km) northwest of the town of Hilo and includes 
beach, sandy shoals, coastal vegetation, emergent sandy lands, and low 
shelving reef or rock from the MHWL. The landward boundary is the line 
indicating the beginning of dense vegetation or hardened or developed 
structures (e.g., retaining walls, hardened shoreline, or buildings). 
This unit comprises 11 segments in 3 areas: (1) 1 segment each on 
Puak[omacr] Bay (5 ac (2 ha)), Waim[amacr] Point (7 ac (3 ha)), 
Kapuniau Point (2 ac (1 ha)), Puak[omacr] Beach Drive (4 ac (2 ha)), 
Holoholokai Beach (2 ac (1 ha)), Pauoa Bay Beach (1 ac (less than 1 
ha)), Papakonani Boat Landing (less than 1 ac (less than 1 ha)), and 
Nanuku Cove (2 ac (1 ha)); (2) 2 segments along Maka[imacr]wa Bay, each 
of which are 1 ac (less than 1 ha); and (3) 1 segment along Waikoloa 
Bay (7 ac (3 ha)). Lands within this unit include approximately 18 ac 
(7 ha; 54 percent) in State ownership, 9 ac (3 ha; 26 percent) in 
private ownership, and 7 ac (3 ha; 20 percent) that are uncategorized. 
General land use within this unit is recreational activities (e.g., 
fishing, snorkeling, swimming, surfing, picnicking, camping, 
beachcombing, kayaking, paddle boarding, and body boarding) and 
tourism.
    Unit HI-25 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented basking green turtles year-round, 
demonstrating that it serves as important basking habitat throughout 
the year. Additionally, there are efforts by Federal and State 
agencies, nonprofit and for-profit organizations and businesses to 
provide outreach on green turtle biology and respectful viewing 
guidance, thereby providing the turtles limited disturbance compared to 
other areas within the DPS.
    Threats to the PBFs identified within Unit HI-25 include habitat 
loss, modification, and degradation of basking beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, shoreline stabilization and sand renourishment, recreation 
and tourism, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, including removal of invasive vegetation; 
conducting an outreach program on respectful viewing of wildlife; 
minimizing artificial lighting near nesting beaches; and removing 
terrestrial debris on the beaches and marine debris that washes ashore.

[[Page 46413]]

Unit HI-26: Kona Moku on Hawai[revaps]i Island
    Unit HI-26 consists of 50 ac (20 ha) in the communities of 
K[umacr]ki[revaps]o and Kailua-Kona, Hawai[revaps]i County. This unit 
is located approximately 55 to 58 mi (89 to 93 km) west of the town of 
Hilo and includes beach, sandy shoals, and emergent sandy lands, and 
low shelving reef or rock from the MHWL. The landward boundary is the 
line indicating the beginning of dense vegetation, lava flow, cliff, or 
hardened or developed structures (e.g., retaining walls, hardened 
shoreline, or buildings). This unit comprises 15 segments in 4 areas: 
(1) 5 segments along K[imacr]holo Beach (from north to south, 1 ac (1 
ha), 1 ac (less than 1 ha), 8 ac (3 ha), 1 ac (less than 1 ha), and 
less than 1 ac (less than 1 ha)); (2) 1 segment each along 
Ka[revaps][umacr]p[umacr]lehu Beach (1 ac (less than 1 ha)), 
Ka[revaps][umacr]p[umacr]lehu Coast (5 ac (2 ha)), K[umacr]ki[revaps]o 
Bay (4 ac (2 ha)), and Kikaua Beach (6 ac (2 ha)); (3) 1 segment each 
along Kaloko Point and Honok[omacr]hau Bay (7 ac (3 ha)), 
Wai[revaps]aha Bay (1 ac (less than 1 ha)), and Kahalu[revaps]u Beach 
(less than 1 ac (less than 1 ha)), all south of the Kona International 
Airport; and (4) 3 segments along H[omacr]naunau Bay (from north to 
south, 2 each of which are less than 1 ac (less than 1 ha) and one 
segment that is 9 ac (3 ha)). Lands within this unit include 
approximately 12 ac (5 ha; 24 percent) in Federal ownership, 15 ac (6 
ha; 30 percent) in State ownership, less than 1 ac (less than 1 ha; 1 
percent) in local government ownership, 10 ac (4 ha; 19 percent) in 
private/other ownership, and 13 ac (5 ha; 27 percent) that are 
uncategorized. General land use within this unit is cultural resource 
preservation, natural resource conservation, recreational activities 
(e.g., fishing, snorkeling, swimming, surfing, picnicking, camping, 
beachcombing, kayaking, paddle boarding, and body boarding), and 
tourism.
    Unit HI-26 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented green turtles basking year-round, 
demonstrating that it serves as important basking habitat throughout 
the year. Additionally, this unit contains habitat for the basking 
population to expand, and there are ongoing efforts by Federal and 
State agencies, as well as nonprofit and for-profit organizations and 
businesses providing outreach on green turtle biology and respectful 
viewing guidance, thereby providing overall limited disturbance to 
green turtles compared to other areas in the DPS.
    Threats identified within Unit HI-26 include habitat loss, 
modification, and degradation of basking beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, shoreline stabilization and sand renourishment, recreation 
and tourism, coastal development and construction, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, including removal of 
invasive vegetation; conducting an outreach program on respectful 
viewing of wildlife; and removing terrestrial debris on the beaches and 
marine debris that washes ashore. Federal lands within this unit are 
managed by the NPS for cultural preservation and plant and wildlife 
conservation as part of the Kaloko-Honok[omacr]hau National Historical 
Park (NPS 1994, entire), K[imacr]holo State Park Reserve (HDSP 2022e, 
no page numbers), and Pu[revaps]u Honau O H[omacr]naunau National 
Historical Park (NPS 2020a, p. 40).
Unit HI-27: Hilo Moku
    Unit HI-27 consists of 2 ac (1 ha) in the town of Hilo, 
Hawai[revaps]i County. This unit is located approximately 4 to 5 mi (6 
to 8 km) northeast of the Hilo International Airport and includes 
beach, emergent sandy lands, and low shelving reef or rock from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or lava flow. This unit comprises two 
segments: 1 ac (less than 1 ha) and 1 ac (less than 1 ha) at Carl Smith 
Park and Leleiwi Park, respectively. Lands within this unit include 
approximately 1 ac (less than 1 ha; 36 percent) in State ownership, 
less than 1 ac (less than 1 ha; 10 percent) in local government 
ownership, and 1 ac (less than 1 ha; 54 percent) that is uncategorized. 
General land use in this unit is recreational activities (e.g., 
fishing, snorkeling, swimming, and picnicking) and tourism.
    Unit HI-27 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented green turtles basking year-round, 
indicating that it serves as important basking habitat throughout the 
year. Additionally, this unit contains habitat for the basking 
population to expand.
    Threats to the PBFs identified within Unit HI-27 include habitat 
loss, modification, and degradation of basking beach habitat, naturally 
caused disasters (i.e., hurricanes and tsunamis), invasive nonnative 
vegetation, recreation and tourism, coastal development and 
construction, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting habitat restoration or management, 
including removal of invasive vegetation; conducting an outreach 
program on respectful viewing of wildlife; and removing terrestrial 
debris on the beaches and marine debris that washes ashore.
Unit HI-28: Kea[revaps]au
    Unit HI-28 consists of 1 ac (less than 1 ha) in the community of 
Kea[revaps]au, Hawai[revaps]i County. This unit is located 
approximately 9 mi (14 km) southeast of the town of Hilo and includes 
beach, emergent sandy lands, and low shelving reef or rock from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation. Lands within this unit include approximately less 
than 1 ac (less than 1 ha; 62 percent) in private ownership and less 
than 1 ac (less than 1 ha; 41 percent) that is uncategorized. General 
land use within this unit is recreational activities (e.g., fishing, 
snorkeling, swimming, and picnicking).
    Unit HI-28 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented green turtles basking year-round, 
indicating that it serves as important basking habitat throughout the 
year. Additionally, this unit contains habitat for the basking 
population to expand. Access by vehicle to this beach is limited 
because it is on private property, thereby limiting disturbance to 
nesting and basking green turtles as compared to other areas within the 
DPS.
    Threats to the PBFs identified within Unit HI-28 include habitat 
loss, modification, and degradation of basking beach habitat, naturally 
caused disasters (i.e., hurricanes, tsunamis, and volcanic eruption), 
invasive nonnative vegetation, recreation, and presence of terrestrial 
and marine debris. Special management considerations or protection 
measures to reduce or alleviate the threats may include conducting 
habitat restoration or management, including removal of invasive 
vegetation; conducting an outreach program on respectful viewing of 
wildlife; and removing terrestrial debris on the beaches and marine 
debris that washes ashore.

[[Page 46414]]

Unit HI-29: Pohoiki Beach
    Unit HI-29 consists of 9 ac (4 ha) in the community of Pahoa, 
Hawai[revaps]i County. This unit is located approximately 24 mi (39 km) 
southeast of the town of Hilo and includes beach, sandy shoals, 
emergent sandy lands, and low shelving reef or rock from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation or lava flow. Lands within this unit include approximately 
less than 1 ac (less than 1 ha; 1 percent) in State ownership, 4 ac (1 
ha; 38 percent) in local government ownership, less than 1 ac (less 
than 1 ha; 1 percent) in private/other ownership, and 6 ac (2 ha; 60 
percent) that are uncategorized. General land use within this unit is 
recreational activities (e.g., fishing, snorkeling, swimming, surfing, 
and picnicking).
    Unit HI-29 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented green turtles basking year-round, 
demonstrating that it serves as important basking habitat throughout 
the year. Additionally, this unit contains habitat for the basking 
population to expand.
    Threats to the PBFs identified within Unit HI-29 include habitat 
loss, modification, and degradation of basking beach habitat, naturally 
caused disasters (i.e., hurricanes, tsunamis, and volcanic eruptions), 
invasive nonnative vegetation, recreation and tourism, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, including removal of 
invasive vegetation; conducting an outreach program on respectful 
viewing of wildlife; and removing terrestrial debris on the beaches and 
marine debris that washes ashore.
Unit HI-30: Keauhou
    Unit HI-30 consists of 16 ac (7 ha) in the community of Volcano, 
Hawai[revaps]i County. This unit is located approximately 33 mi (53 km) 
southwest of the town of Hilo and includes black sand beach, sandy 
shoals, emergent sandy lands, and low shelving reef or rock from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation or lava flow. This unit comprises four segments in two 
areas: (1) two segments along Halap[emacr] Iki Beach (1 ac (less than 1 
ha) and 3 ac (1 ha)); and (2) one segment each along Keauhou Point (4.5 
ac (2 ha)) and [revaps][Amacr]pua Point (8 ac (3 ha)). Lands within 
this unit include approximately 9 ac (4 ha; 56 percent) in Federal 
ownership and 7 ac (3 ha; 44 percent) that are uncategorized. General 
land use within this unit is cultural resource preservation, natural 
resource conservation, recreational activities (e.g., hiking, 
birdwatching, and camping), and tourism.
    Unit HI-30 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented green turtles basking year-round, 
demonstrating that it serves as important basking habitat throughout 
the year. This unit also contains habitat for the basking population to 
expand. Human access in this unit is primarily by foot, with little to 
no access by vehicles, and the surrounding lands are undeveloped lava 
flows, thereby providing overall limited disturbance to nesting and 
basking green turtles as compared to other areas within the DPS. 
Additionally, Hawai[revaps]i Volcanoes National Park provides outreach 
on green turtle biology and respectful viewing guidance, thereby 
affording nesting and basking turtles in these areas limited 
disturbance compared to other beaches in the same geographic areas. 
Approximately 3 ac (1 ha; 19 percent) of the unit overlap with 
designated critical habitat for one Hawaiian plant: Ischaemum byrone 
(68 FR 39624, July 2, 2003) at Keauhou and [revaps][Amacr]pua Points.
    Threats to the PBFs identified within Unit HI-30 include habitat 
loss, modification, and degradation of basking beach habitat, naturally 
caused disasters (i.e., hurricanes, tsunamis, and volcanic eruption), 
invasive nonnative vegetation, recreation and tourism, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, including removal of 
invasive vegetation; conducting an outreach program on respectful 
viewing of wildlife; and removing terrestrial debris on the beaches and 
marine debris that washes ashore. Federal lands within this unit are 
managed by the NPS for cultural preservation and plant and wildlife 
conservation as part of the Hawai[revaps]i Volcanoes National Park (NPS 
2016, entire).
Unit HI-31: Ka[revaps][umacr] Moku
    Unit HI-31 consists of 17 ac (7 ha) along the southeast and 
southern coast of the island of Hawai[revaps]i, Hawai[revaps]i County. 
This unit is located approximately 47 to 69 mi (75 to 111 km) southwest 
of the town of Hilo and includes black sand beach, sandy shoals, 
coastal vegetation, emergent sandy lands, and low shelving reef or rock 
from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, cliff, or lava flow. This unit comprises 
10 segments in 4 areas: (1) 1 segment along the southwest coast of 
Hawai[revaps]i Island on [revaps][Amacr]wili Shoreline (2 ac (1 ha)); 
(2) 2 segments along Humuhumu Point (1.4 ac (1 ha) and 2 ac (1 ha)); 
(3) 1 segment each on P[omacr]hue Beach (1 ac (less than 1 ha)) and 
Kahakahakea Beach (4 ac (2 ha)); (4) 1 segment each along the southeast 
shore coast of Hawai[revaps]i Island on Kamehame Beach (1 ac (less than 
1 ha)), Punalu[revaps]u Beach (3 ac (1 ha)), Pu[revaps]u Moa Point 
(less than 1 ac (less than 1 ha)), Kapukini Shoreline (1 ac (less than 
1 ha)), and Ninole Cove (2 ac (1 ha)). Lands within this unit include 
approximately 5 ac (2 ha; 27 percent) in Federal ownership; 3 ac (1 ha; 
16 percent) in State ownership, 4 ac (2 ha; 24 percent) in local 
government ownership, 4 ac (1 ha; 21 percent) in private/other 
ownership, and 2 ac (1 ha; 12 percent) that are uncategorized. General 
land use within this unit is natural resource conservation and 
recreational activities (e.g., fishing, snorkeling, swimming, surfing, 
picnicking, and camping).
    Unit HI-31 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of documented green turtles basking year-round, 
demonstrating that it serves as important basking habitat throughout 
the year. Additionally, this unit contains habitat for the basking 
population to expand. Access to this unit is primarily by foot, with 
very little to no access by vehicle, thereby providing limited 
disturbance to nesting and basking green turtles as compared to other 
areas within the DPS. Additionally, this unit contains habitat for the 
basking population to expand, and there are ongoing efforts by Federal 
and State agencies providing outreach on green turtle biology and 
respectful viewing guidance, thereby providing overall limited 
disturbance to green turtles compared to other areas in the DPS.
    Threats to the PBFs identified within Unit HI-31 include habitat 
loss, modification, and degradation of nesting and basking beach 
habitat, naturally caused disasters (i.e., hurricanes and tsunamis), 
invasive nonnative vegetation, recreation, artificial lights, and 
presence of terrestrial and marine debris. Special management

[[Page 46415]]

considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
including removal of invasive vegetation; conducting an outreach 
program on respectful viewing of wildlife; minimizing human access and 
activities during the green turtle nesting season; minimizing 
artificial lighting near nesting beaches; and removing terrestrial 
debris on the beaches and marine debris that washes ashore. State lands 
within this unit are managed by the HDLNR for wildlife conservation as 
part of the Manuk[amacr] Natural Area Reserves (HDOFAW 1992, entire), 
and private lands within this unit are managed by TNC for wildlife 
conservation as part of the Kamehame Preserve (TNC 2022, no page 
numbers).

Central South Pacific DPS

Unit AS-01: Palmyra Atoll
    Unit AS-01 consists of 22 ac (9 ha) on Palmyra Atoll, the second 
northernmost atoll in the Northern Line Islands, is an incorporated 
unorganized territory of the United States. This unit is located 
approximately 1,512 mi (2,434 km) north of Pago Pago, the territorial 
capital village of American Samoa on Tutuila Island, American Samoa 
(a.k.a. Amerika Samoa), and includes beach, coastal vegetation, and 
sandy shoals from the MHWL. The landward boundary is the line 
indicating the beginning of dense vegetation or now abandoned 
structures. This unit comprises three segments that are 3 ac (1 ha), 16 
ac (7 ha), and 3 ac (1 ha) on Strawn, Cooper, and Aviation Islands, 
respectively. Lands within this unit include approximately 7 ac (3 ha; 
32 percent) in Federal ownership and 15 ac (6 ha; 68 percent) in 
private ownership. General land use within this unit is natural 
resource conservation, scientific research, and tourism. There are no 
permanent inhabitants on Palmyra Atoll.
    Unit AS-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains green turtle nesting habitat at the northernmost part of the 
Central South Pacific DPS that is under U.S. jurisdiction, serving as 
an important protected nesting area. Additionally, this unit contains 
internesting beach area to support placement of multiple nests by 
individual turtles within a single season and area for the nesting 
population of green turtles to expand and recover. The Federal and 
private lands support protected nesting beach area with restricted 
human access.
    Threats to the PBFs identified within Unit AS-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., cyclones and tsunamis), recreation, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. The Federal lands (Strawn and Aviation Islands) in this 
unit are managed by the USFWS as the Palmyra Atoll NWR (USFWS 2021, 
entire) and the Pacific Remote Islands National Marine Monument (NOAA 
and USFWS 2021, entire (86 FR 72214, December 21, 2021)). The private 
lands (Cooper Island) in this unit are managed by TNC as the Palmyra 
Atoll Reserve (U.S. Geological Survey (USGS) 2011, entire).
Unit AS-02: Swains Island
    Unit AS-02 consists of 125 ac (50 ha) on Swains Island, Territory 
of American Samoa. This unit and island are located approximately 224 
mi (360 km) north of Pago Pago, the territorial capital village of 
American Samoa on Tutuila Island, American Samoa, and includes beach, 
coastal vegetation, and sandy shoals from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation or 
hardened or developed structures. All lands within this unit are 
uncategorized ownership. General land use within this unit is 
agriculture (e.g., coconut plantation). The last settlement, Taulaga 
Village, does not have permanent inhabitants.
    Unit AS-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit is the 
only U.S. jurisdiction in the northwestern area of this DPS, serving as 
an important nesting area. This unit also contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population of green 
turtles to expand and recover. The uncategorized land area includes 
natural beaches on an island that is remote and to which human access 
is restricted.
    Threats to the PBFs identified within Unit AS-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., cyclones and tsunamis), and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management and removing terrestrial 
debris on the beaches and marine debris that washes ashore.
Unit AS-03: Ofu and Olosega Islands
    Unit AS-03 consists of 49 ac (20 ha) on Ofu and Olosega Islands, 
the westernmost islands in the Manua Island Group. This unit is located 
approximately 69 to 72 mi (111 to 116 km) slightly northeast of Pago 
Pago, the territorial capital village of American Samoa on Tutuila 
Island, American Samoa, and includes beach, coastal vegetation, and 
sandy shoals from the MHWL. The landward boundary is the line 
indicating the beginning of dense vegetation, cliff, or hardened or 
developed structures (e.g., retaining walls or hardened embankments). 
This unit comprises 12 segments in 9 areas: (1) 2 segments along the 
northeast coast of Ofu Island at Tuafanua and Mafafa (2 ac (1 ha) and 5 
ac (2 ha)); (2) 2 segments along Asagatai (from north to south, 2 ac (1 
ha) and 1 ac (less than 1 ha)); (4) 3 segments along the southeast 
coastline of Ofu at Toaga (from west to east, 1 ac (less than 1 ha), 2 
ac (1 ha), and 5 ac (2 ha)); (5) 1 segment northeast of Ofu Airport at 
Fatauana (1 ac (less than 1 ha)); (6) 1 segment surrounding the Ofu 
Airport at Vaoto (6 ac (2 ha)); (7) 1 segment northwest of the Ofu 
Airport at Matasina (2 ac (1 ha)); (8) 1 segment along the north coast 
of Olosega Island within the village of Sili and the settlements of 
Faiava and Lalomoana (10 ac (4 ha)); and (9) 1 segment along the south 
coast of Olosega Island within the village of Olosega (13 ac (5 ha)). 
All lands within this unit are uncategorized ownership. General land 
use within this unit is cultural resource preservation, natural 
resource conservation, recreational activities (e.g., swimming, 
picnicking, and fishing), sand mining, and uninhabited areas.
    Unit AS-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains an elevated concentration of nesting green turtles as compared 
to other beaches in the area, residing on islands that do not have a 
large human population. Three proposed critical habitat segments (i.e., 
Tuaganua, Mafafa, and Northern Olosega) are primarily uninhabited and 
have limited to no vehicle or pedestrian access, providing important 
nesting areas with limited disturbance to green turtle eggs, 
hatchlings, and adults during nesting season. This unit also contains 
internesting beach area to support placement of multiple nests by 
individual turtles within a single season

[[Page 46416]]

and area for the nesting population of green turtles to expand and 
recover.
    Threats to the PBFs identified within Unit AS-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., cyclones and tsunamis), human activities (i.e., 
shoreline stabilization, transportation, and sand mining), recreation 
and tourism, artificial lights, coastal development and construction, 
and presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
minimizing human access and activities during green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. Approximately 8 ac (3 ha; 16 percent) of the 
uncategorized lands are leased and managed by the NPS as the National 
Park of American Samoa (NPS 1997, entire).
Unit AS-04: Ta[revaps]u Island
    Unit AS-04 consists of 34 ac (14 ha) on Tau Island, the easternmost 
island in the Manua Island Group. This unit is located approximately 80 
to 85 mi (129 to 137 km) east of Pago Pago, the territorial capital 
village of American Samoa on Tutuila Island, American Samoa, and 
includes beach, coastal vegetation, and sandy shoals from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises six segments in three areas: (1) one segment along the east 
coast of Tau Island at Luamaa-Saua Beach (13 ac (5 ha)); (2) one 
segment each along the south coast at Maefu Beach (4 ac (1 ha)) and 
Lepisi Beach (6 ac (2 ha)); and (3) three segments along the western 
coast of Tau at the old Amouli Village (Amouli Beach) (7 ac (3 ha)), 
Afuli Cove Beach (3 ac (1 ha)), and Fagamolo Cove Beach (1 ac (less 
than 1 ha)). All lands within this unit are uncategorized ownership. 
General land use within this unit is cultural resource preservation, 
natural resource conservation, recreational activities (e.g., swimming, 
picnicking, and fishing), sand mining, and uninhabited areas.
    Unit AS-04 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains an elevated concentration of nesting green turtles as compared 
to other beaches in the area, indicating that it serves as an important 
nesting area in this U.S. jurisdiction of the DPS. All the areas within 
this unit are remote with no direct vehicle access, limited pedestrian 
access, or are uninhabited, which provides overall limited disturbance 
to green turtle eggs, hatchlings, or adults during nesting season. This 
unit also contains internesting beach area to support placement of 
multiple nests by individual turtles within a single season and area 
for the nesting population to expand and recover.
    Threats to the PBFs identified within Unit AS-04 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., cyclones and tsunamis), recreation, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respective viewing of wildlife, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. Approximately 22 ac (9 ha; 64 percent) of the 
uncategorized ownership lands are leased and managed by the NPS as the 
National Park of American Samoa (NPS 1997, entire).
Unit AS-05: Aunu[revaps]u Island
    Unit AS-05 consists of 3 ac (1 ha) on Aunuu Island, American Samoa. 
This unit is located approximately 10 mi (15 km) east of Pago Pago, the 
territorial capital village of American Samoa on Tutuila Island, 
American Samoa, and includes beach, coastal vegetation, and sandy 
shoals from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation and hardened or developed structures. All 
lands within this unit are uncategorized ownership. General land use 
within this unit is recreation and tourism (e.g., swimming, picnicking, 
and fishing).
    Unit AS-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains an elevated concentration of nesting green turtles that may 
also internest on the nearby island of Tutuila (which currently harbors 
turtle nesting activity by an unidentified turtle species). This unit 
also contains habitat to support nesting in addition to internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season, and area for the nesting population to expand 
and recover.
    Threats to the PBFs identified within Unit AS-05 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., cyclones and tsunamis), human activities (i.e., 
sand mining, coastal development, and construction), recreation and 
tourism, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, minimizing human access and activities 
during the green turtle nesting season, minimizing artificial lighting 
near nesting beaches, and removing terrestrial debris on the beaches 
and marine debris that washes ashore.
Unit AS-06: Rose Atoll
    Unit AS-06 consists of 10 ac (4 ha) on Rose Atoll (a.k.a. Motu o 
Manu), American Samoa. This unit is located approximately 260 mi (418 
km) east of Pago Pago, the territorial capital village of American 
Samoa on Tutuila Island, American Samoa, and includes beach, coastal 
vegetation, and sandy shoals from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation or hardened or 
developed structures. This unit comprises two segments: 5 ac (2 ha) and 
4 ac (2 ha) on Sand Island and Rose Island, respectively. All lands 
within this unit are in Federal ownership. General land use within this 
unit is natural resource conservation.
    Unit AS-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains an elevated concentration of nesting green turtles during the 
nesting season, serving as an important nesting area in this DPS. This 
unit also contains internesting beach area to support placement of 
multiple nests by individual turtles within a single season and area 
for the nesting population to expand and recover. These Federal lands 
support protected, natural habitat with restricted human access.
    Threats to the PBFs identified within Unit AS-06 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., cyclones and tsunamis), and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, implementing biological 
quarantine of field crews conducting surveys or resource conservation 
(e.g., quarantining materials to keep out unwanted seeds, arthropods, 
and other biological material that can degrade or alter a biologically 
sensitive area), and removing terrestrial debris on the

[[Page 46417]]

beaches and marine debris that washes ashore. All lands within this 
unit are managed by the USFWS as the Rose Atoll NWR and Rose Atoll 
National Marine Monument for wildlife conservation purposes under the 
Rose Atoll's Comprehensive Conservation Plan (USFWS 2014, entire; USFWS 
2022, entire).

Central West Pacific DPS

Unit GU-01: Ritidian Point and Uruno Beach
    Unit GU-01 consists of 37 ac (15 ha) in Dededo (a.k.a. Dedidu) and 
Yigo (a.k.a. Yigu) Villages, northern Guam, part of the Territory of 
Guam. This unit is located approximately 12 mi (19 km) northeast of the 
Capital Village of Hag[aring]t[ntilde]a, and includes beach, coastal 
vegetation, and atoll forest from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises six segments in 
two areas (from north to south): (1) 20 ac (8 ha) of beach, coastal 
vegetation, and atoll forest at Ritidian Beach (a.k.a. Litekyan 
Village, Guam NWR and Ritidian Point); and (2) five segments comprising 
beach and coastal vegetation along Uruno Beach (a.k.a. Urunao Beach) 
(13 ac (5 ha) and 3 ac (1 ha)) and Falcona Beach (2 ac (1 ha), less 
than 1 ac (less than 1 ha), and less than 1 ac (less than 1 ha)). Lands 
within this unit include approximately 18 ac (7 ha; 49 percent) in 
Federal ownership, less than 1 ac (less than 1 ha; 1 percent) in 
Territorial ownership, 13 ac (5 ha; 34 percent) in private ownership, 
and 6 ac (2 ha; 16 percent) that are uncategorized. General land use 
within this unit is natural and cultural resource conservation, 
recreation (e.g., fishing, swimming, and picnicking), and tourism.
    Unit GU-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of nesting green turtles serving as an important 
nesting area in northern Guam. This unit also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover. The undeveloped lands and steep limestone karst cliffs 
surrounding the areas in this unit provide overall limited disturbance 
to green turtles during the nesting season as compared to other areas 
within this DPS. Approximately 18 ac (7 ha; 47 percent) of the unit 
overlap with currently designated critical habitat for the following 
Mariana wildlife: Mariana fruit bat, Guam Micronesian kingfisher, and 
Mariana crow (69 FR 62944, October 28, 2004) at Ritidian Beach.
    Threats to the PBFs identified within Unit GU-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation and tourism 
(including increased pedestrian traffic and general disturbance), and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore. Federal lands within this unit are managed by the USFWS 
as the Guam NWR for plant and wildlife conservation purposes under the 
Guam NWR's Comprehensive Conservation Plan (USFWS 2009a, entire).
Unit GU-02: Jinapsan Beach
    Unit GU-02 consists of 14 ac (6 ha) at Jinapsan (a.k.a. Hinapsan) 
Beach in Yigo (a.k.a. Yigu) Village, northern Guam, part of the 
Territory of Guam. This unit is located approximately 14 mi (23 km) 
northeast of the Capital Village of Hag[aring]t[ntilde]a, and includes 
beach, coastal vegetation, and atoll forest from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation, 
cliff, or hardened or developed structures. Lands within this unit 
include approximately 4 ac (1 ha; 26 percent) in Federal ownership, 3 
ac (1 ha; 18 percent) in private ownership, and 8 ac (3 ha; 55 percent) 
that are uncategorized. General land use within this unit is natural 
resource conservation, national security, and recreation (e.g., 
fishing, swimming, and picnicking).
    Unit GU-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of nesting green turtles serving as an important 
nesting area in Northern Guam. This unit also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover. The undeveloped lands and steep limestone karst cliffs 
surrounding the areas in this unit provide overall limited disturbance 
to green turtles during the nesting season as compared to other areas 
within this DPS. Approximately 4 ac (2 ha) of the unit overlaps with 
designated critical habitat for the following Mariana wildlife: Mariana 
fruit bat, Guam Micronesian kingfisher, and Mariana crow (69 FR 62944, 
October 28, 2004) at Jinapsan Beach.
    Threats to the PBFs identified within Unit GU-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons, and tsunamis), recreation and 
tourism, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during green turtle nesting 
season, and removing terrestrial debris from the beaches and marine 
debris that washes ashore. Federal lands within this unit are managed 
by the USFWS as the Guam NWR for plant and wildlife conservation 
purposes under the Guam NWR's Comprehensive Conservation Plan (USFWS 
2009a, entire).
Unit GU-03: Tanguisson
    Unit GU-03 consists of 12 ac (5 ha) in Dededo (a.k.a. Dedidu) 
Village on the west side of northern Guam, part of the Territory of 
Guam. This unit is located approximately 7 mi (11 km) northeast of the 
Capital Village of Hag[aring]t[ntilde]a, and includes beach, coastal 
vegetation, and atoll forest from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises seven segments in 
two areas: (1) one segment at Shark's Cove (4 ac (1 ha)); and (2) six 
segments (north to south) along Tanguisson Beach (2 segments each of 
which are 2 ac (1 ha), 1 ac (less than 1 ha), less than 1 ac (less than 
1 ha), 1 ac (1 ha), and 2 ac (1 ha)). Lands within this unit include 
approximately 6 ac (2 ha; 50 percent) in Territorial ownership and 6 ac 
(2 ha; 50 percent) that are uncategorized. General land use within this 
unit is recreation (e.g., fishing, swimming, and picnicking).
    Unit GU-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of nesting green turtles serving as an important 
nesting area in Northern Guam. This unit also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover. All areas within this unit are surrounded by steep 
limestone karst cliffs that provide overall limited disturbance to 
green

[[Page 46418]]

turtles during the nesting season as compared to other areas within 
this DPS. Additionally, there is no direct vehicle or foot trail to 
access Shark's Cove or the northernmost segment on Tanguisson Beach, 
nor is there significant human presence at the two southernmost areas 
along Tanguisson Beach, further limiting disturbance to nesting turtles 
in this area compared to other beaches on Guam.
    Threats to the PBFs identified within Unit GU-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons, and tsunamis), recreation and 
tourism, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting habitat restoration or management, 
minimizing human access and activities during green turtle nesting 
season, conducting an outreach program on respective viewing of 
wildlife, and removing terrestrial debris on the beaches and marine 
debris that washes ashore.
Unit GU-04: Tumon Bay
    Unit GU-04 consists of 14 ac (6 ha) in Tamuning-Tumon (a.k.a. 
Tamuneng-Tomhom) and Dededo (a.k.a. Dedidu) Villages, northern Guam, 
part of the Territory of Guam. This unit is located approximately 3 mi 
(5 km) northeast of the Capital Village of Hag[aring]t[ntilde]a, and 
includes beach, coastal vegetation, and atoll forest from the MHWL. The 
landward boundary is the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises four segments in four areas: (1) one segment on Amantes Beach 
(3 ac (1 ha)); (2) one segment on Fafai Beach (a.k.a. Gun Beach) (2 ac 
(1 ha)); and (3) two segments each of which are 1 ac (less than 1 ha) 
and (9 ac (4 ha) on Gonga Beach and Tumon Bay South, respectively. 
Lands within this unit include approximately 10 ac (4 ha; 74 percent) 
in private ownership and 4 ac (1 ha; 26 percent) that are 
uncategorized. General land use within this unit is natural resource 
conservation, recreation (e.g., fishing, snorkeling, swimming, 
unmotorized watercraft, and picnicking), and tourism.
    Unit GU-04 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting population to expand and recover, given it is also adjacent to 
other units with documented nesting beach for green turtle. 
Additionally, the Fai Beach segment sits at the bottom of a limestone 
karst cliff and is only accessible by a foot path, providing limited 
disturbance to green turtles during the nesting season as compared to 
other areas within this DPS.
    Threats to the PBFs identified within Unit GU-04 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis); recreation and tourism, 
coastal development and construction, artificial lights, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the green turtle nesting season, minimizing 
artificial lighting near nesting beaches, and removing terrestrial 
debris on the beaches and marine debris that washes ashore. 
Approximately 1 ac (less than 1 ha; 8 percent) of the lands within this 
unit are managed by the Territory of Guam, Department of Agriculture as 
the Tumon Bay Marine Preserve (Guam Visitors Bureau 2004, pp. 4-5).
Unit GU-05: Hag[aring]t[ntilde]a Bay
    Unit GU-05 consists of 7 ac (3 ha) in East Agana Bay, Tamuning-
Tumon (a.k.a. Tamuneng-Tomhom) Village, west coast of northern Guam, 
part of the Territory of Guam. This unit is located approximately 1 mi 
(less than 1 km) northeast of the Capital Village of 
Hag[aring]t[ntilde]a and includes beach and sandy shoals from the MHWL. 
The landward boundary is the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises three segments in two areas: (1) two segments (north to 
south) on Dungcas Beach (2 ac (1 ha) and 3 ac (1 ha)); and (2) one 
segment on Trinchera Beach (2 ac (1 ha)). Lands within this unit 
include approximately 1 ac (less than 1 ha; 11 percent) in private 
ownership and 6 ac (3 ha; 89 percent) that are uncategorized. General 
land use within this unit is recreational activities (e.g., fishing, 
swimming, jet skiing, and picnicking).
    Unit GU-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting green turtle population to expand and recover due to its 
presence adjacent to other units in this geographic area with 
documented nesting beach for green turtle.
    Threats to the PBFs identified within Unit GU-05 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), shoreline 
stabilization, transportation, recreation and tourism, artificial 
lights, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the nesting season, 
minimizing artificial lighting near nesting beaches, and removing 
terrestrial debris from the beaches and marine debris that washes 
ashore.
Unit GU-06: Cabras Island
    Unit GU-06 consists of 8 ac (3 ha) in Piti Village, east coast of 
central Guam, part of the Territory of Guam. This unit is located 
approximately 8 mi (13 km) west of the Capital Village of 
Hag[aring]t[ntilde]a and includes beach and coastal vegetation from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation or hardened or developed structures. This unit 
comprises five segments in two areas (west to east): (1) two segments 
at Sea Plane Ramp, including 1 ac (less than 1 ha)) along Apra harbor 
and less than 1 ac (less than 1 ha) along the Philippine Sea; and (2) 
three segments on Cabras Beach (less than 1 ac (less than 1 ha), 7 ac 
(3 ha), and less than 1 ac (less than 1 ha)). Lands within this unit 
include approximately less than 1 ac (less than 1 ha; 1 percent) in 
private ownership and 8 ac (3 ha; 99 percent) that are uncategorized 
ownership. General land use within this unit is natural resource 
conservation, recreation (e.g., fishing, snorkeling, scuba diving, 
swimming, and picnicking), and tourism.
    Unit GU-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting green turtle population to expand and recover due to its 
presence adjacent to other units in this geographic area with 
documented nesting beach for green turtle.
    Threats to the PBFs identified within Unit GU-06 include habitat 
loss,

[[Page 46419]]

modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (i.e., sea level rise, changes in sand 
temperature, storms, typhoons, tsunamis, oil spills), shoreline 
stabilization, transportation, recreation and tourism, coastal 
development and construction, artificial lights, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the nesting season, minimizing artificial lighting 
near nesting beaches; and removing terrestrial debris from the beaches 
and marine debris that washes ashore. Approximately less than 1 ac 
(less than 1 ha; 4 percent) of the lands within this unit are managed 
by the Territory of Guam, Department of Agriculture as the Piti Bomb 
Holes Marine Preserve (Guam Coastal Management Program 2016, entire).
Unit GU-07: Agat Bay
    Unit GU-07 consists of 1 ac (less than 1 ha) in Agat Bay (a.k.a. 
H[aring]gat Bay) in Aagat Village (a.k.a. Hag[aring]t Village), west 
coast of central Guam, part of the Territory of Guam. This unit is 
located approximately 9 mi (14 km) southwest of the Capital Village of 
Hag[aring]t[ntilde]a and includes beach and coastal vegetation from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or hardened or developed structures. Lands 
within this unit include approximately less than 1 ac (less than 1 ha; 
17 percent) in Federal ownership and 1 ac (less than 1 ha; 81 percent) 
that is uncategorized. General land use within this unit is natural 
resource conservation, cultural resource preservation, and recreation 
(e.g., fishing, swimming, and picnicking).
    Unit GU-07 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting green turtle population to expand and recover due to its 
presence on the eastern coast of central Guam and its location within 
the DPS.
    Threats to the PBFs identified within Unit GU-07 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., sea level rise, changes in sand temperature, 
storms, typhoons, and tsunamis), recreation and tourism, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the green turtle nesting season, and removing 
terrestrial debris on the beaches and marine debris that washes ashore. 
Federal lands within this unit are managed by the NPS as the War in the 
Pacific National Historical Park to conserve natural, scenic, and 
historic values and objects under the Agat Unit National Historic Park 
Management Plan (NPS 1983, entire).
Unit GU-08: Pago (a.k.a. P[aring]gu) Point to Ylig Bay
    Unit GU-08 consists of 2 ac (1 ha) Yona (a.k.a. 
Yo[revaps][ntilde]a) Village, central Guam, part of the Territory of 
Guam. This unit is located approximately 5 mi (8 km) southeast of the 
Capital Village of Hag[aring]t[ntilde]a, and includes beach, coastal 
vegetation, and atoll forest from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises four small 
segments in three areas: (1) one segment less than 1 ac (less than 1 
ha) on Nasgon Beach; (2) two segments from north to south on Tagachan 
Beach (less than 1 ac (less than 1 ha) and 1 ac (less than 1 ha)); and 
(3) one segment less than 1 ac (less than 1 ha) in Ylig Bay (a.k.a. 
Ilig Bay) at Turtle Beach. Lands within this unit include approximately 
2 ac (1 ha; 88 percent) in private ownership and less than 1 ac (less 
than 1 ha; 12 percent) that is uncategorized. General land use within 
this unit is recreational activities (e.g., fishing, swimming, and 
picnicking).
    Unit GU-08 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting green turtle population to expand and recover based on its 
location along the eastern coast of central Guam and its location 
within the DPS. Additionally, the unit contains natural pocket beaches 
at the base of steep limestone karst cliffs with a thick forest growth, 
limiting public access to Tagachan Beach, as well as no direct vehicle 
access and limited foot trail access to two of the segments and, 
therefore, providing limited disturbance to green turtles during the 
nesting season as compared to other areas within this DPS.
    Threats to the PBFs identified within Unit GU-08 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., sea level rise, changes in sand temperature, 
storms, typhoons, and tsunamis), recreation, artificial lights, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore.
Unit GU-09: Talo'fo'fo Village
    Unit GU-09 consists of 4 ac (2 ha) in Talo'fo'fo Village, eastern 
coast of southern Guam, part of the Territory of Guam. This unit is 
located approximately 8 mi (14 km) south of the Capital Village of 
Hag[aring]t[ntilde]a and includes beach, coastal vegetation, and atoll 
forest from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises four segments: (1) two segments each of 
which are less than 1 ac (less than 1 ha) at Togcha Beach; (2) one 
segment on Ipan Beach (4 ac (2 ha)); and (3) one segment with less than 
1 ac (less than 1 ha) in Inarajan Bay at Gayloup Cove. Lands within 
this unit include approximately 2 ac (1 ha; 34 percent) in private 
ownership and 3 ac (1 ha; 66 percent) that are uncategorized. General 
land use within this unit is recreational activities (e.g., fishing, 
swimming, and picnicking) and tourism.
    Unit GU-09 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
includes the longest contiguous beach for nesting green turtles on the 
eastern side of central Guam, serving as an important nesting site on 
the eastern side of the island. Additionally, this unit contains 
internesting beach area to support placement of multiple nests by 
individual turtles within a single season and area for the nesting 
population to expand and recover.
    Threats to the PBFs identified within Unit GU-09 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., sea level rise, changes in sand temperature, 
storms, typhoons, and

[[Page 46420]]

tsunamis), shoreline stabilization, recreation, artificial lights, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore.
Unit GU-10: Hum[aring]tak Village
    Unit GU-10 consists of 7 ac (3 ha) in Hum[aring]tak Village along 
the western coast of southern Guam, part of the Territory of Guam. This 
unit is located approximately 13 mi (20 km) southwest of the Capital 
Village of Hag[aring]t[ntilde]a and includes beach habitat from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or hardened or developed structures. This unit 
comprises four segments in four areas from north to south: (1) one 
segment on Sagua Beach (2 ac (1 ha)); (2) one segment on Achuga Valley 
Beach (2 ac (1 ha)); (3) one segment on Sella Bay (1 ac (less than 1 
ha)); and (4) one segment on Cetti Bay (3 ac (1 ha)). Lands within this 
unit include approximately 1 ac (1 ha; 17 percent) in private ownership 
and 6 ac (3 ha; 83 percent) that are uncategorized. General land use 
within this unit is natural resource conservation.
    Unit GU-10 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
contains limited access natural beaches in southwest Guam, representing 
the only unit on the southwest coast for nesting green turtles and thus 
serving as an important nesting habitat on the southernmost island 
within the U.S. jurisdiction of this DPS. This unit also contains 
internesting beach area to support placement of multiple nests by 
individual turtles within a single season and area for the nesting 
population to expand and recover.
    Threats to the PBFs identified within Unit GU-10 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management and removing terrestrial 
debris on the beaches and marine debris that washes ashore. The private 
and uncategorized lands within this unit are managed by the Guam 
Department of Agriculture (GDoAg) as part of the Guam Territorial 
Seashore Park (Guam 1978, entire; GDoAg 2013, entire).
Unit GU-11: Nomna Bay
    Unit GU-11 consists of less than 1 ac (less than 1 ha) in 
Talo'fo'fo Village, the eastern coast of southern Guam, part of the 
Territory of Guam. This unit is located approximately 10 mi (15 km) 
southeast of the Capital Village of Hag[aring]t[ntilde]a and includes 
beach from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises two segments from north to south, each 
of which are 1 ac (less than 1 ha) in Nomna Bay (a.k.a. Nomnia Bay) at 
Perez Beach. All land within this unit is uncategorized ownership. 
General land use within this unit is recreational activities (e.g., 
fishing, swimming, surfing, and picnicking).
    Unit GU-11 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important nesting areas on the eastern coast of southern Guam and as 
the southernmost island within the U.S. jurisdiction of this DPS. The 
beaches in this area have direct access by humans, although they are 
remote and surrounded by steep limestone karst cliffs that provide 
limited disturbance to green turtles during the nesting season as 
compared to other areas within this DPS. This unit also contains 
habitat for internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting population to expand and recover.
    Threats to the PBFs identified within Unit GU-11 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons, and tsunamis), recreation, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore.
Unit GU-12: Inarajan Bay
    Unit GU-12 consists of 4 ac (1 ha) in Inarajan Village (a.k.a. 
Inal[aring]han Village) on the east coast of southern Guam, part of the 
Territory of Guam. This unit is located approximately 13 mi (22 km) 
southeast of the Capital Village of Hag[aring]t[ntilde]a and includes 
beach and coastal vegetation from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises two segments on 
Guaifan shoreline (1 ac (less than 1 ha)) and along Inarajan Bay 
(a.k.a. Inal[aring]han Beach; 3 ac (1 ha)). Lands within this unit 
include approximately 1 ac (less than 1 ha; 16 percent) in private 
ownership and 3 ac (1 ha; 84 percent) that are uncategorized. General 
land use within this unit is recreational activities (e.g., fishing, 
surfing, swimming, and picnicking).
    Unit GU-12 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important nesting areas along the eastern coast of southern Guam and 
also on the southernmost island within the U.S. jurisdiction of this 
DPS. Additionally, this unit also contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. Although Inarajan Bay and Guaifan shoreline are near developed 
areas or roads, they are primarily surrounded by forest or cliffs that 
provide limited disturbance, including reduced artificial lights on the 
beaches during green turtle nesting season, as compared to other areas 
within this DPS.
    Threats to the PBFs identified within Unit GU-12 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., sea level rise, changes in sand temperature, 
storms, typhoons, and tsunamis), recreation, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the green turtle nesting season, and removing 
terrestrial debris on the beaches and marine debris that washes ashore.
Unit GU-13: Agfayan Point to Aga Point
    Unit GU-13 consists of 5 ac (2 ha) in Inarajan Village (a.k.a. 
Inal[aring]han Village) between Agfayan Point (a.k.a. Akfayan Point) 
and Aga Point on the south coast of Guam, part of the Territory of 
Guam.

[[Page 46421]]

This unit is located approximately 16 mi (25 km) southeast of the 
Capital Village of Hag[aring]t[ntilde]a and includes beach and coastal 
vegetation from the MHWL. The landward boundary is the line indicating 
the beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises four segments in three areas: (1) one 
segment on Lada Beach (1 ac (less than 1 ha)), (2) two segments each of 
which are less than 1 ac (less than 1 ha) on Acho and Atao Beaches, and 
(3) one segment on Tonan Beach (4 ac (2 ha)). Lands within this unit 
include less than 2 ac (1 ha; 33 percent) in private ownership and less 
than 4 ac (1 ha; 68 percent) that are uncategorized. General land use 
within this unit is recreational activities (e.g., fishing, swimming, 
and picnicking).
    Unit GU-13 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as important nesting areas for turtles along the eastern coast of 
southern Guam and on the southernmost island within the U.S. 
jurisdiction of this DPS. This unit also contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover. The lands surrounding and adjacent to the beaches in this 
unit are interspersed residential and forested lands, with limited 
direct access to the beaches through forested areas, resulting in 
reducing artificial lights on the beaches and limited disturbance to 
nesting green turtles as compared to other areas within this DPS.
    Threats to the PBFs identified within Unit GU-13 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., sea level rise, changes in sand temperature, 
storms, typhoons, and tsunamis), shoreline stabilization, recreation, 
and presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, and removing terrestrial debris on the beaches and marine 
debris that washes ashore.
Unit GU-14: Cocos Island
    Unit GU-14 consists of 8 ac (3 ha) in Cocos Island (a.k.a. Dano 
Village), an island off the south coast of Guam, part of the Territory 
of Gaum. This island unit is located approximately 17 mi (27 km) 
southwest of the Capital Village of Hag[aring]t[ntilde]a that occurs on 
the main island. The unit includes beach, coastal vegetation, and atoll 
forest from the MHWL, and the landward boundary is the line indicating 
the beginning of dense vegetation or hardened or developed structures. 
This unit comprises two segments totaling 5 ac (2 ha) and 3 ac (1 ha) 
along Cocos Island Beach. Lands within this unit include approximately 
1 ac (less than 1 ha; 10 percent) in private ownership and 7 ac (3 ha; 
90 percent) that are uncategorized. General land use within this unit 
is natural resource conservation, recreational activities (e.g., 
fishing, swimming, and picnicking), and tourism.
    Unit GU-14 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has an 
elevated concentration of nesting green turtles and serves as an 
important nesting area in Southern Guam, the southernmost area within 
U.S. jurisdiction of this DPS. This unit also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover. Additionally, this unit is accessible only by boat, 
thereby limiting disturbance to nesting green turtles in this area as 
compared to other areas within this DPS.
    Threats to the PBFs identified within Unit GU-14 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation, coastal 
development and construction, artificial lights, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the green turtle nesting season, minimizing 
artificial lighting near nesting beaches, and removing terrestrial 
debris on the beaches and marine debris that washes ashore. The private 
and uncategorized lands within this unit are managed by GDoAg as part 
of the Guam Territorial Seashore Park (Guam 1978, entire; GDoAg 2013, 
entire).
Unit MP-01: Agrihan Island
    Unit MP-01 consists of 44 ac (18 ha) along the southwest coast of 
Agrihan (a.k.a. Agrigran) Island in the northern part of the Mariana 
Archipelago, part of the CNMI (a.k.a. Sankattan Siha Na Islas 
Mari[aring]nas, Commonwealth T[eacute][eacute]l Fal[uacute]w kka 
Ef[aacute]ng Il[oacute]l Marianas). This unit is located approximately 
199 mi (320 km) north of Capitol Hill, Saipan (a.k.a. Sa[revaps]ipan, 
Seip[eacute]l), and includes beach and coastal vegetation from the 
MHWL. The landward boundary is the line indicating the beginning of 
dense vegetation, cliff, or hardened or developed structures. This unit 
comprises five segments from north to south (13 ac (5 ha), 27 ac (11 
ha), 1 ac (less than 1 ha), 2 ac (1 ha), and less than 1 ac (less than 
1 ha)) along the southwest side of Agrihan Island on Agrihan Beach. All 
lands within this unit are uncategorized ownership. General land use 
within this unit is residential, subsistence agriculture, and fishing. 
Agrihan Island has been primarily uninhabited since 1990 when the 
threat of volcanic eruption forced residents to evacuate. Resettlement 
and development plans were instituted, and there are currently a small 
number of permanent residents on island.
    Unit MP-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area at this northernmost part of the Central 
West Pacific DPS that is under U.S. jurisdiction. Additionally, this 
unit contains internesting beach area to support placement of multiple 
nests by individual turtles within a single season and area for the 
nesting population to expand and recover. Agrihan Island is primarily 
uninhabited due to the risk of volcanic eruption and lack of the 
availability of basic survival needs, thereby providing overall limited 
disturbance to green turtle eggs, hatchlings, and adults during the 
nesting season.
    Threats to the PBFs identified within Unit MP-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons, tsunamis, and volcanic eruption), and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore.
Unit MP-02: Pagan Island
    Unit MP-02 consists of 12 ac (5 ha) along the western coast on 
Pagan Island in the northern part of the Mariana Archipelago, part of 
the CNMI. This unit is located approximately 203 mi (326 km) north of 
Capitol Hill, Saipan, and includes beach and coastal vegetation from 
the MHWL. The landward boundary is the line indicating the

[[Page 46422]]

beginning of dense vegetation or cliff. This unit comprises three 
segments in two areas: (1) 6 ac (2 ha) and 2 ac (1 ha) along Shomushon 
Bay (a.k.a. Red Beach) and Apaan Bay (a.k.a. Green Beach), 
respectively, and (2) 4 ac (2 ha) along the west side of Mount Togari. 
All lands within this unit are uncategorized ownership. General land 
use within this unit is residential and subsistence agriculture and 
fishing. Pagan Island has been primarily uninhabited since 1981 when 
Mt. Pagan erupted, and all residents were evacuated. Resettlement and 
development plans were instituted, but there are no permanent 
residents.
    Unit MP-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important green turtle nesting area within this DPS along the 
west coast of Pagan Island during the nesting season. Additionally, 
this unit contains internesting beach area to support placement of 
multiple nests by individual turtles within a single season and area 
for the nesting population to expand and recover. Pagan Island is 
largely uninhabited due to risk of volcanic eruption and lack of the 
availability of basic survival needs, thereby providing overall limited 
disturbance to green turtle eggs, hatchlings, and adults during the 
nesting season as compared to other areas within the DPS.
    Threats to the PBFs identified within Unit MP-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons, tsunamis, and volcanic eruption), and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore.
Unit MP-03: Wing Beach and Bird Island
    Unit MP-03 consists of 7 ac (3 ha) in Marpi Village, northwestern 
and northeastern coast of Saipan, part of the CNMI. This unit is 
located approximately 4 mi (7 km) northeast of Capitol Hill, Saipan, 
and includes beach, coastal vegetation, and atoll forest from the MHWL. 
The landward boundary is the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises three segments including 4 ac (1 ha) on Wing Beach (a.k.a. 
Unai Makpe) on the northwestern coast, and two adjacent segments (2 ac 
(1 ha) and 3 ac (1 ha)) at Bird Island (a.k.a. Unai Fanonchuluyan). 
Lands within this unit include approximately 4 ac (2 ha; 56 percent) in 
Commonwealth ownership and 3 ac (1 ha; 44 percent) that are 
uncategorized. General land use within this unit is natural resource 
conservation, recreational activities (e.g., fishing, snorkeling, scuba 
diving, swimming, hiking, nature viewing, and picnicking), and tourism.
    Unit MP-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area along the northwestern and northeastern 
coasts of Saipan, and in the northernmost of the main islands in the 
CNMI. Additionally, this unit contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. The undeveloped and steep terrain surrounding the Bird Island 
segments of this unit has limited to no direct access by roads or 
trails to the beach, thereby providing overall limited disturbance to 
green turtle eggs, hatchlings, and adults during the nesting season.
    Threats to the PBFs identified within unit MP-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation, artificial 
lights, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the nesting season, 
minimizing artificial lighting near nesting beaches, and removing 
terrestrial debris from the beaches and marine debris that washes 
ashore. The commonwealth lands in this unit are managed by CNMI's DLNR 
(Division of Fish and Wildlife) as the Bird Island Conservation Area 
for wildlife conservation under the Management Plan for the Bird Island 
Wildlife Conservation Area and Bird Island Marine Sanctuary (CNMI 
2007a, entire). The CNMI Division of Coastal Resources Management has 
produced a ``Public Shoreline Access Guide for Saipan, Tinian, and 
Rota'' to provide outreach guidance on protecting nesting grounds for 
green turtles (CNMI 2015, p. vi).
Unit MP-04: Managaha Island and Unai Makaka
    Unit MP-04 consists of 21 ac (9 ha) on the western coast of Saipan, 
part of the CNMI. This unit is located approximately 3 mi (5 km) 
northwest of Capitol Hill, Saipan, and includes beach, coastal 
vegetation, and atoll forest from the MHWL. The landward boundary is 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit includes two segments in 
two areas: 9 ac (4 ha) on the beach surrounding Managaha Island 
(directly north of Unai Makaka) and 12 ac (5 ha) in Lagunan Garapan on 
Unai Makaka. Lands within this unit include approximately 5 ac (2 ha; 
25 percent) in Commonwealth ownership, less than 1 ac (less than 1 ha; 
1 percent) in private ownership, and 16 ac (6 ha; 74 percent) that are 
uncategorized. General land use within this unit is historical 
preservation, natural resource conservation, recreational activities 
(e.g., fishing, snorkeling, swimming, marine motor sports, beach 
sports, walking, hiking, sightseeing, nature study, and picnicking), 
and tourism.
    Unit MP-04 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area along the western coast of Saipan and 
within this DPS. Additionally, this unit contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover. Separate from the main island of Saipan, access to 
Managaha Island is limited by boat, thereby providing overall limited 
disturbance to green turtle eggs, hatchlings, and adults during the 
nesting season.
    Threats to the PBFs identified within unit MP-04 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), shoreline 
stabilization, recreation and tourism, coastal development and 
construction, artificial lights, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting habitat 
restoration or management, conducting an outreach program on respectful 
viewing of wildlife, minimizing human access and activities during the 
green turtle nesting season, minimizing artificial lighting near 
nesting beaches, and removing terrestrial debris on the beaches and 
marine debris that washes ashore. The uncategorized lands within this 
unit are managed by the Commonwealth as the Managaha Marine 
Conservation Area for the purposes of wildlife conservation under the 
Management Plan for the Managaha Marine Conservation Area

[[Page 46423]]

(CNMI 2005, entire). Additionally, the NPS leases and manages 
Commonwealth lands as the American Memorial Park Northern Mariana 
Islands (NPS 2019, pp. 45-47). The CNMI Division of Coastal Resources 
Management has produced a ``Public Shoreline Access Guide for Saipan, 
Tinian, and Rota'' to provide outreach guidance on protecting nesting 
grounds for green turtles (CNMI 2015, p. vi).
Unit MP-05: Eastern Saipan
    Unit MP-05 consists of 18 ac (7 ha) along the east coast of Saipan, 
part of the CNMI. This unit is located approximately 2 mi (3 km) 
southeast of Capitol Hill, Saipan, and includes beach and coastal 
vegetation from the MHWL. The landward boundary is the line indicating 
the beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises nine segments in two areas: (1) 2 ac (1 
ha) at Old Man by the Sea Beach, 3 ac (1 ha) on Unai Halaihai (a.k.a. 
Marine Beach), 4 ac (2 ha) on Unai Laolao Kattan (a.k.a. Tank Beach), 
and two segments south of Tank Beach, each less than 1 ac (less than 1 
ha) on Tank Pocket Beach; and (2) four segments (west to east) in 
Laolao Bay totaling 4 ac (2 ha), 2 ac (1 ha), less than 1 ac (less than 
1 ha) at Unai Laolao, and 3 ac (1 ha) at Unai Baput. Lands within this 
unit include approximately 9 ac (4 ha; 52 percent) in Commonwealth 
ownership, 1 ac (less than 1 ha; 4 percent) in private ownership, and 8 
ac (3 ha; 44 percent) that are uncategorized. General land use within 
this unit is cultural resource preservation, natural resource 
conservation, and recreational activities (e.g., fishing, snorkeling, 
scuba diving, swimming, walking, hiking, sightseeing, nature viewing 
and study, and picnicking).
    Unit MP-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area in this DPS along the east coast of 
Saipan. Additionally, this unit contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. The areas of this unit are all adjacent to undeveloped areas 
(although there is direct vehicle access to all units), thereby 
providing overall limited disturbance to green turtle eggs, hatchlings, 
and adults during the nesting season.
    Threats to the PBFs identified within unit MP-05 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation (including 
increased pedestrian and general disturbance), artificial lights, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. Commonwealth lands within this unit are managed by 
CNMI's DLNR (Division of Fish and Wildlife) as the Kagman Wildlife 
Conservation Area and Forbidden Island Marine Sanctuary under the 
Management Plan Kagman Wildlife Conservation Area and Forbidden Island 
Marine Sanctuary (CNMI 2007b, entire) and by the Division of 
Environmental Quality as the Laolao Bay Sea Cucumber Sanctuary under 
the Laolao Bay Conservation Action Plan (CNMI 2009, entire). The CNMI 
Division of Coastal Resources Management has produced a ``Public 
Shoreline Access Guide for Saipan, Tinian, and Rota'' to provide 
outreach guidance on protecting nesting grounds for green turtles (CNMI 
2015, p. vi).
Unit MP-06: Southern Saipan
    Unit MP-06 consists of 8 ac (3 ha) along the southern coast of 
Saipan, part of the CNMI. This unit is located approximately 8 mi (13 
km) northeast of Capitol Hill, Saipan, and includes beach and coastal 
vegetation from the MHWL. The landward boundary is the line indicating 
the beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises five segments in three areas: (1) less 
than 1 ac (less than 1 ha) and 3 ac (1 ha) near the west end of the 
Saipan Airport runway at Unai Denikuio Agingan (a.k.a. Coral Ocean 
Point); (2) 1 ac (less than 1 ha) and 3 ac (1 ha) along the south coast 
of Saipan at Unai Peo (a.k.a. Ladder Beach) and Unai Obyan, 
respectively; and (3) 1 ac (less than 1 ha) at Boy Scout Beach along 
the west coast of the Naftan Peninsula. Lands within this unit include 
approximately 1 ac (less than 1 ha; 8 percent) in Commonwealth 
ownership and 7 ac (3 ha; 92 percent) that are uncategorized. General 
land use within this unit is recreational activities (e.g., fishing, 
snorkeling, scuba diving, swimming, nature viewing, sightseeing, and 
picnicking).
    Unit MP-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area in this DPS along the southwest coast of 
Saipan. Additionally, this unit contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. The Unai Obyan and Boy Scout Beach are two areas on Saipan 
that are undeveloped with limited direct access by roads and trails to 
the beach, thereby providing overall limited disturbance to green 
turtle eggs, hatchlings, and adults during the nesting season.
    Threats to the PBFs identified within unit MP-06 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation, artificial 
lights, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting habitat restoration or management, 
conducting an outreach program on respectful viewing of wildlife, 
minimizing human access and activities during the green turtle nesting 
season, minimizing artificial lighting near nesting beaches, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. The CNMI Division of Coastal Resources Management has 
produced a ``Public Shoreline Access Guide for Saipan, Tinian, and 
Rota'' to provide outreach guidance on protecting nesting grounds for 
green turtles (CNMI 2015, p. vi).
Unit MP-07: Western Tinian
    Unit MP-07 consists of 6 ac (3 ha) along the western coast of 
Tinian Island, part of the CNMI. This unit is located approximately 2 
mi (2 km) northwest of San Jose Village and includes beach and coastal 
vegetation from the MHWL. The landward boundary is the line indicating 
the beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit includes six segments, including: less than 1 ac 
(less than 1 ha) at Barcinas Cove, less than 1 ac (less than 1 ha) at 
Turtle Beach, 1 ac (less than 1 ha) on Leprosarium Beach, 1 ac (less 
than 1 ha) on Red Beach, and 2 ac (1 ha) on Kammer Beach, and 2 ac 
(less than 1 ha) on Tachogna Beach. Lands within this unit include 
approximately 3 ac (1 ha; 44 percent) in Commonwealth ownership and 4 
ac (1 ha; 56 percent) that are uncategorized. General land use within 
this unit is recreational activities (e.g., fishing, snorkeling, 
swimming, nature viewing and study, and picnicking).

[[Page 46424]]

    Unit MP-07 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area in this DPS along the central west coast 
of Tinian. Additionally, this unit contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. The majority of Tinian is undeveloped with limited to no 
direct access by roads or trails to the beaches, thereby providing 
overall limited disturbance to green turtle eggs, hatchlings, and 
adults during the nesting season.
    Threats to the PBFs identified within unit MP-07 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), shoreline stabilization 
and transportation, recreation, coastal development and construction, 
artificial lights, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting habitat restoration or 
management, conducting an outreach program on respectful viewing of 
wildlife, minimizing human access and activities during the green 
turtle nesting season, minimizing artificial lighting near nesting 
beaches, and removing terrestrial debris on the beaches and marine 
debris that washes ashore. The CNMI Division of Coastal Resources 
Management has produced a ``Public Shoreline Access Guide for Saipan, 
Tinian, and Rota (CNMI 2015, entire) to provide information on 
recreational opportunities along the shoreline that are safe to access 
and also outreach guidance to protect nesting grounds for green 
turtles.
Unit MP-08: Northern Rota
    Unit MP-08 consists of 54 ac (22 ha) on northern Rota Island, the 
second most southern island in the Mariana archipelago, and part of the 
CNMI. This unit is located approximately 3 mi (5 km) to 7 mi (11 km) 
northeast of Songsong Village and includes beach and coastal vegetation 
from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises six segments in two areas: (1) 43 ac 
(17 ha) north of Rota International Airport along Mochong Beach; and 
(2) five segments west of Rota International Airport (1 ac (1 ha) and 1 
ac (less than 1 ha) along Tatgua Beach, 6 ac (2 ha) along Teteto Beach, 
3 ac (1 ha) along Uyulan Beach, and 1 ac (less than 1 ha) along Songton 
Beach). Lands within this unit include approximately 44 ac (18 ha; 81 
percent) in Commonwealth ownership, 2 ac (1 ha; 3 percent) in private 
ownership, and 9 ac (4 ha; 17 percent) that are uncategorized. General 
land uses within this unit are natural resource conservation, 
recreational activities (e.g., fishing, swimming, and diving), and 
tourism.
    Unit MP-08 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area in this DPS along the north coast of Rota 
Island. Additionally, this unit contains internesting beach area to 
support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. The majority of the green turtle nesting beaches within this 
unit are surrounded by undeveloped lands with limited direct access by 
roads and trails to the beaches, thereby providing overall limited 
disturbance to green turtle eggs, hatchlings, and adults during the 
nesting season. Approximately 4 ac (1 ha; 22 percent) of the unit 
overlap with designated critical habitat for the federally endangered 
Mariana crow (69 FR 62944, October 28, 2004).
    Threats to the PBFs identified within unit MP-08 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation and tourism, 
coastal development and construction, artificial lights, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the green turtle nesting season, minimizing 
artificial lighting near nesting beaches, and removing terrestrial 
debris on the beaches and marine debris that washes ashore. The CNMI 
Division of Coastal Resources Management has produced a ``Public 
Shoreline Access Guide for Saipan, Tinian, and Rota (CNMI 2015, entire) 
to provide information on recreational opportunities along the 
shoreline that are safe to access and also outreach guidance to protect 
nesting grounds for green turtles.
Unit MP-09: Southern Rota
    Unit MP-09 consists of 9 ac (4 ha) on southern Rota Island, part of 
the CNMI. This unit is located approximately 2 mi (3 km) southeast of 
Songsong Village and includes beach, coastal vegetation, and atoll 
forest from the MHWL. The landward boundary is the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit includes nine segments in four areas (from west 
to east): (1) four segments, each less than 1 ac (less than 1 ha), 
southeast of Teneto Village along Tatka Beach in Sasanhaya Bay; (2) 1 
ac (less than 1 ha) at Coral Garden Beach; (3) two 1-ac (less than 1-
ha) segments on Okgok Beach and 3 ac (1 ha) on Apanon Beach; and (4) 3 
ac (1 ha) on Malilok Beach. Lands within this unit include 
approximately 8 ac (3 ha; 89 percent) in Commonwealth ownership, less 
than 1 ac (less than 1 ha; less than 1 percent) in private ownership, 
and 1 ac (1 ha; 11 percent) that is uncategorized. General land use 
within this unit is natural resource conservation, recreational 
activities (e.g., fishing, snorkeling, swimming, and picnicking), and 
tourism.
    Unit MP-09 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit serves 
as an important nesting area in this DPS along the southwest coast of 
Rota Island. Additionally, this unit contains internesting beach area 
to support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and 
recover. The majority of Rota Island and the nesting areas within this 
unit are undeveloped and reside at the base of or surrounded by steep 
terrain that limits direct access by roads and trails, thereby 
providing overall limited disturbance to green turtle eggs, hatchlings, 
and adults during the nesting season.
    Threats to the PBFs identified within unit MP-09 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused disasters (i.e., typhoons and tsunamis), recreation and tourism, 
coastal development and construction, artificial lights, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting habitat restoration or management, conducting an outreach 
program on respectful viewing of wildlife, minimizing human access and 
activities during the green turtle nesting season, minimizing 
artificial lighting near nesting beaches, and removing terrestrial 
debris on the beaches and marine debris that washes ashore. The CNMI 
Division of Coastal Resources Management has produced a ``Public 
Shoreline Access Guide for Saipan,

[[Page 46425]]

Tinian, and Rota (CNMI 2015, entire) to provide information on 
recreational opportunities along the shoreline that are safe to access 
and also outreach guidance to protect nesting grounds for green 
turtles.

North Atlantic DPS

Unit FL-01: Guana Tolomato Matanzas National Estuarine Research 
Reserve--Guana River Site
    Unit FL-01 consists of 112 ac (45 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in St. Johns County, 
Florida, within the boundaries of the Guana Tolomato Matanzas National 
Estuarine Research Reserve (GTM Reserve)--Guana River Site. The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. This unit is entirely within State ownership and 
managed by the FDEP. General land use within this unit includes natural 
resource conservation, wildlife management, and general recreational 
activities (e.g., swimming, walking, fishing, and boating).
    Unit FL-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density green turtle nesting. It also contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Northeast Management Unit (Ceriani 2022, 
pers. comm.). In addition, this unit provides a protected, natural 
beach and dune complex with limited disturbance from human activity.
    Threats to the PBFs identified within Unit FL-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate threats to the PBFs may include conducting beach and dune 
restoration, installing signage at parking lots and beach access areas 
to educate the recreating public about presence of nesting turtles on 
beaches, and removing terrestrial debris on beaches and marine debris 
that washes ashore. State lands within this unit are managed under the 
GTM Reserve's Management Plan (FDEP 2009, entire).
Unit FL-02: Washington Oaks Gardens State Park to North Peninsula State 
Park
    Unit FL-02 consists of 307 ac (124 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Flagler and Volusia 
Counties, Florida. The unit extends from the northern boundary of 
Washington Oaks Gardens State Park in Flagler County to the southern 
boundary of North Peninsula State Park in Volusia County. The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 77 
ac (31 ha; 25 percent) in State ownership, 61 ac (25 ha; 20 percent) in 
local government ownership, and 169 ac (68 ha; 55 percent) in private/
other ownership. State-owned lands in this unit include Washington Oaks 
Gardens State Park, Gamble Rogers Memorial State Recreation Area, and 
North Peninsula State Park. General land use within this unit includes 
State and local parks, recreational activities (e.g., swimming, 
walking, fishing, and boating), beach driving, wildlife management, and 
natural resource conservation. The unit also adjoins areas of 
residential development.
    Unit FL-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density green turtle nesting. It also contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Northeast Management Unit (Ceriani 2022, 
pers. comm.). In addition, this unit provides a protected, natural 
beach and dune complex with limited disturbance from human activity. 
The entire unit overlaps designated critical habitat for the federally 
threatened loggerhead sea turtle (79 FR 39756, July 10, 2014).
    Threats to the PBFs identified within Unit FL-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, coastal development and associated artificial 
lighting, beach driving by emergency vehicles, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate threats may include 
conducting beach and dune restoration, ensuring renourishment sand 
mimics natural sand characteristics, installing signage at parking lots 
and beach access areas to educate the recreating public about presence 
of nesting turtles on beaches, enforcing local lighting ordinances, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. State lands within this unit are managed under the 
Washington Oaks Gardens State Park Management Plan (FDEP 2017, entire), 
Gamble Rogers Memorial State Recreation Area at Flagler Beach 
Management Plan (FDEP 2018a, entire), and the North Peninsula State 
Park Management Plan (FDEP 2018b, entire).
Unit FL-03: Canaveral National Seashore to Merritt Island National 
Wildlife Refuge
    Unit FL-03 consists of 558 ac (226 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Volusia and Brevard 
Counties, Florida. The unit extends from the northern boundary of 
Canaveral National Seashore to the southern boundary of Merritt Island 
NWR--Kennedy Space Center and includes lands from the MHWL to the toe 
of the secondary dune or developed structures. Lands within this unit 
are entirely within Federal ownership including Canaveral National 
Seashore (managed by the NPS) and Merritt Island NWR--Kennedy Space 
Center (managed by the USFWS). General land use within this unit 
includes space launch activities, natural resource conservation, 
wildlife management, and recreational activities (e.g., walking, 
swimming, fishing, boating, and wildlife viewing).
    Unit FL-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density green turtle nesting. It also contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Central Eastern Management Unit 
(Shamblin et al. 2015, p. 680) in a protected, natural beach and dune 
complex with limited disturbance from human activity. This entire unit 
overlaps designated critical habitat for the federally threatened 
loggerhead sea turtle (79 FR 39756, July 10, 2014) and overlaps 
approximately 495 ac (200 ha) of proposed critical habitat for the 
federally threatened rufa red knot (88 FR 22530, April 13, 2023).
    Threats to the PBFs identified within Unit FL-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to

[[Page 46426]]

disasters, beach erosion, beach sand placement activities, recreational 
activities, coastal development, artificial lighting associated with 
space launches, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, implementing 
lighting control measures at Kennedy Space Center, installing signage 
at parking lots and beach access areas to educate the recreating public 
about presence of nesting turtles on beaches; and removing terrestrial 
debris on beaches and marine debris that washes ashore. Federal lands 
within this unit are managed under Canaveral National Seashore's 
General Management Plan (NPS 2014a, entire) and Merritt Island NWR's 
Comprehensive Conservation Plan (USFWS 2008a, entire).
Unit FL-04: Satellite Beach to Indian River Shores
    Unit FL-04 consists of 644 ac (261 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Brevard and Indian 
River Counties, Florida, from the Pineda Causeway in Satellite Beach to 
the southern boundary of Indian River Shores city limits. The unit is 
divided into two segments split by Sebastian Inlet. The northern 
segment is 424 ac (172 ha) and begins at the southern boundary of 
Patrick Space Force Base in Brevard County near the Pineda Causeway and 
extends to the northern side of the Sebastian Inlet in Indian River 
County. The southern segment is 220 ac (89 ha) and begins on the 
southern side of the Sebastian Inlet and extends to the Indian River 
Shores-Vero Beach city limits line. The unit includes lands from the 
MHWL to the toe of the secondary dune or developed structures. Lands 
within this unit include approximately 52 ac (21 ha; 8 percent) in 
Federal ownership, 72 ac (29 ha; 11 percent) in State ownership, 120 ac 
(48 ha; 19 percent) in local government ownership, and 400 ac (163 ha; 
62 percent) in private/other ownership. The unit encompasses portions 
of the Archie Carr NWR (managed by the USFWS) and Sebastian Inlet State 
Park (managed by FDEP). General land use within this unit includes 
natural resource conservation, wildlife management, recreational 
activities (e.g., swimming, walking, fishing, and boating), and 
residential development.
    Unit FL-04 (i.e., both segments that represent this unit) is 
occupied by the species and contains one or more of the PBFs essential 
to the conservation of the species. This unit has high-density green 
turtle nesting. It also supports internesting beach area to support 
placement of multiple nests by individual turtles within a single 
season and area for the nesting population to expand and recover within 
the State's Central Eastern Management Unit (Shamblin et al. 2015, p. 
680). State, local, and Federal lands support a protected, natural 
beach and dune complex with limited human disturbance. Approximately 
482 ac (195 ha) of this unit overlap designated critical habitat for 
the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 
2014).
    Threats to the PBFs identified within Unit FL-04 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, coastal development and associated artificial 
lighting, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, installing 
signage at parking lots and beach access areas to educate the 
recreating public about presence of nesting turtles on beaches, 
implementing and enforcing local lighting ordinances, and removing 
terrestrial debris on beaches and marine debris that washes ashore. 
Federal lands in this unit are managed under Archie Carr NWR's 
Comprehensive Conservation Plan (USFWS 2008b, entire). State lands 
within this unit are managed under the Sebastian Inlet State Park 
Management Plan (FDEP 2008, entire). Additionally, 139 ac (56 ha) of 
lands within this unit (from Sebastian Inlet to Indian River Shores) 
receive beneficial green turtle management under the Indian River 
County HCP for sea turtles and eroding beaches (Ecological Associates, 
Inc. 2017, entire); these lands are considered for exclusion under 
Section 4(b)(2) of the Act (see Consideration of Impacts under Section 
4(b)(2) of the Act, below).
Unit FL-05: Hutchinson Island
    Unit FL-05 consists of 336 ac (136 ha) of beach, dune, and coastal 
vegetation on Hutchinson Island along the Atlantic Ocean shoreline in 
St. Lucie County, Florida, from the southern side of the Ft. Pierce 
Inlet to the northern side of the St. Lucie Inlet. The unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. Lands within this unit include 119 ac (48 ha; 35 percent) 
in local government ownership and 217 ac (88 ha; 65 percent) in 
private/other ownership. General land use within this unit includes 
natural resource conservation, recreational activities (e.g., swimming, 
walking, fishing, and boating), and residential development.
    Unit FL-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles and supports expansion and 
recovery in the State's Central East Management Unit (Shamblin et al. 
2015, p. 680). Local parks within the unit provide a natural beach and 
dune complex that supports important nesting habitat. This entire unit 
overlaps designated critical habitat for the federally threatened 
loggerhead sea turtle (79 FR 39756, July 10, 2014).
    Threats to the PBFs identified within Unit FL-05 include habitat 
loss, modification, and degradation of nesting beach habitat, 
naturally-caused or human-caused disasters (e.g., hurricanes, oil 
spills) and responses to disasters, beach erosion, beach sand placement 
activities, coastal development and associated artificial lighting, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate threats may include conducting beach and dune restoration, 
ensuring renourishment sand mimics natural sand characteristics, 
installing signage at parking lots and beach access areas to educate 
the recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore.
Unit FL-06: St. Lucie Inlet to Jupiter Inlet
    Unit FL-06 consists of 324 ac (131 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Martin and Palm Beach 
Counties, Florida, from the southern side of the St. Lucie Inlet in 
Martin County to the northern side of the Jupiter Inlet in Palm Beach 
County. The unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. Lands within this unit include 
approximately 69 ac (28 ha; 21 percent) in Federal ownership, 49 ac (20 
ha; 15 percent) in State ownership, 11 ac (5 ha; 3 percent) in local 
government ownership, and 195 ac (78 ha; 60 percent) in private/other 
ownership. Federal lands include the Hobe Sound

[[Page 46427]]

NWR (managed by the USFWS) and State lands include the St. Lucie Inlet 
Preserve State Park (managed by FDEP). General land use within this 
unit includes natural resource conservation, wildlife management, 
recreational activities (e.g., swimming, walking, boating, and 
fishing), and residential development.
    Unit FL-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles. It also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Southeast Management Unit (Shamblin et 
al. 2015, p. 680; Ceriani 2022, pers comm.). The State and Federal 
lands support a protected, natural beach and dune complex with limited 
human disturbance. This entire unit overlaps designated critical 
habitat for the federally threatened loggerhead sea turtle (79 FR 
39756, July 10, 2014), and approximately 33 ac (13 ha) of the unit 
overlap designated critical habitat for the federally threatened piping 
plover (66 FR 36038, July 10, 2001).
    Threats identified within Unit FL-06 include habitat loss, 
modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate threats may include conducting beach and dune restoration, 
ensuring renourishment sand mimics natural sand characteristics, 
installing signage at parking lots and beach access areas to educate 
the recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore. Federal lands within this 
unit are managed under the Hobe Sound NWR's Comprehensive Conservation 
Plan (USFWS 2006, entire). State lands within this unit are managed 
under the St. Lucie Inlet Preserve State Park Management Plan (FDEP 
2014a, entire).
Unit FL-07: Jupiter Inlet to Lake Worth Inlet
    Unit FL-07 consists of 214 ac (87 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Palm Beach County, 
Florida, from the southern side of the Jupiter Inlet to the northern 
side of the Lake Worth Inlet. The unit includes lands from the MHWL to 
the toe of the secondary dune or developed structures. Lands within 
this unit include approximately 25 ac (10 ha; 12 percent) in State 
ownership, 85 ac (35 ha) in local government ownership, and 104 ac (42 
ha; 49 percent) in private/other ownership. The State-owned lands 
encompass John D. MacArthur Beach State Park (managed by the FDEP). 
General land use within this unit includes natural resource 
conservation, wildlife management, recreational activities (e.g., 
swimming, walking, fishing, and boating), and residential development.
    Unit FL-07 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles. It also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Southeast Management Unit (Shamblin et 
al. 2015, p. 680; Ceriani 2022, pers comm.). The local parks and 
natural areas, as well as the State Park, provide a natural dune 
complex important for nesting habitat. This entire unit overlaps 
designated critical habitat for the federally threatened loggerhead sea 
turtle (79 FR 39756, July 10, 2014).
    Threats to the PBFs identified within Unit FL-07 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
coastal development and associated artificial lighting, recreational 
activities, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, installing 
signage at parking lots and beach access areas to educate the 
recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore. State lands within this 
unit are managed under the John D. MacArthur Beach State Park 
Management Plan (FDEP 2020, entire).
Unit FL-08: Palm Beach to Boynton Inlet
    Unit FL-08 consists of 42 ac (17 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Palm Beach County, 
Florida, from the southern boundary of the Lake Worth Municipal Beach-
Barton Park to the northern side of the Boynton Inlet. The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 1 ac 
(0.4 ha; 2 percent) in local government ownership and 41 ac (17 ha; 98 
percent) in private/other ownership. General land use within this unit 
includes recreational activities (e.g., swimming, fishing, walking, 
boating) and residential development.
    Unit FL-08 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles. It also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Southeast Management Unit (Shamblin et 
al. 2015, p. 680; Ceriani 2022, pers comm.). This entire unit overlaps 
designated critical habitat for the federally threatened loggerhead sea 
turtle (79 FR 39756, July 10, 2014).
    Threats to the PBFs identified within Unit FL-08 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting beach and dune 
restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at parking lots and beach access 
areas to educate the recreating public about presence of nesting 
turtles on beaches, enforcing local lighting ordinances, and removing 
terrestrial debris on beaches and marine debris that washes ashore.
Unit FL-09: Boynton Inlet to Boca Raton Inlet
    Unit FL-09 consists of 214 ac (87 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Palm Beach County, 
Florida, from the southern side of the Boynton Inlet to the northern 
side of Boca Raton Inlet. The unit includes lands from the MHWL to the 
toe of the secondary dune or developed structures. Lands within this 
unit include approximately 66 ac (27 ha;

[[Page 46428]]

31 percent) in local government ownership and 148 ac (60 ha; 69 
percent) in private/other ownership. General land use within this unit 
includes multiple county and local parks, recreational activities 
(e.g., swimming, walking, fishing, and boating), and residential 
development.
    Unit FL-09 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles. It also contains internesting 
beach area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Southeast Management Unit (Shamblin et 
al. 2015, p. 680; Ceriani 2022, pers comm.). Local parks provide a 
protected, natural dune complex important for nesting habitat. This 
entire unit overlaps designated critical habitat for the federally 
threatened loggerhead sea turtle (79 FR 39756, July 10, 2014).
    Threats to the PBFs identified within Unit FL-09 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting beach and dune 
restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at parking lots and beach access 
areas to educate the recreating public about presence of nesting 
turtles on beaches, enforcing local lighting ordinances, and removing 
terrestrial debris on beaches and marine debris that washes ashore.
Unit FL-10: Boca Raton Inlet to Hillsboro Inlet
    Unit FL-10 consists of 82 ac (34 ha) of beach, dune, and coastal 
vegetation along the Atlantic Ocean shoreline in Palm Beach and Broward 
Counties, Florida, from the southern side of Boca Raton Inlet in Palm 
Beach County to the northern side of the Hillsboro Inlet in Broward 
County. The unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. Lands within this unit include 
approximately 1 ac (less than 1 ha; 1 percent) in Federal ownership, 16 
ac (7 ha; 20 percent) in local government ownership, and 65 ac (26 ha; 
79 percent) in private/other ownership. Federal lands are owned by the 
U.S. Coast Guard and managed by a private preservation group. General 
land use within this unit includes recreational activities (e.g., 
swimming, walking, fishing, and boating), and residential development.
    Unit FL-10 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports high-density nesting. It also contains internesting beach area 
to support placement of multiple nests by individual turtles within a 
single season and area for the nesting population to expand and recover 
within the State's Southeast Management Unit (Shamblin et al. 2015, p. 
680; Ceriani 2022, pers comm.). This entire unit overlaps designated 
critical habitat for the federally threatened loggerhead sea turtle (79 
FR 39756, July 10, 2014).
    Threats to the PBFs identified within Unit FL-10 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting beach and dune 
restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at parking lots and beach access 
areas to educate the recreating public about presence of nesting 
turtles on beaches, enforcing local lighting ordinances, and removing 
terrestrial debris on beaches and marine debris that washes ashore.
Unit FL-11: Sawyer Key
    Unit FL-11 consists of 6 ac (3 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico on the northeasternmost portion of 
Sawyer Key in Monroe County, Florida. Sawyer Key is a multi-island 
complex between the Johnston Key and Cudjoe Channel, entirely within 
the federally owned Great White Heron NWR (managed by the USFWS). The 
unit includes lands from the MHWL to the toe of the secondary dune. 
General land use within this unit includes natural resource 
conservation, wildlife management, and recreational activities (e.g., 
swimming, walking, fishing, and boating).
    Unit FL-11 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has a 
high density of green turtle nesting within the State's Monroe 
Management Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. 
comm.) and provides a protected, natural beach and dune complex 
important for green turtle nesting. This is the only proposed critical 
habitat unit within the Florida Keys between the State's Southeast and 
Marquesas Management Units, thereby providing an important link between 
the two green turtle management areas (Shamblin et al. 2022, entire; 
Ceriani 2022, pers. comm.).
    Threats to the PBFs identified within Unit FL-11 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, recreational activities, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting beach and dune restoration, installing 
signage at beach access areas to educate the recreating public about 
presence of nesting turtles on beaches, and removing terrestrial debris 
on beaches and marine debris that washes ashore. Federal lands within 
this unit are managed by the Great Heron NWR under the Lower Florida 
Keys NWR Comprehensive Conservation Plan (USFWS 2009b, entire).
Unit FL-12: Boca Grande and Marquesas Keys
    Unit FL-12 consists of 28 ac (11 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Boca Grande Key and 
Marquesas Keys in Monroe County, Florida. Boca Grande Key is one of the 
outlying islands of the Florida Keys and is located about 12 mi (19 km) 
west of Key West. The unit includes the western shore of the Key (5 ac 
(2 ha)). The Marquesas Keys are a group of eight uninhabited islands 
located at the end of the Florida Keys about 18 mi (29 km) west of Key 
West. The unit includes three beach segments along the largest 
northernmost key (1 ac (0.5 ha), 11 ac (5 ha), and 2 ac (1 ha)) and 
three unnamed keys to the southwest of the largest key (2 ac (1 ha), 4 
ac (2 ha), and 2 ac (1 ha)). The unit includes lands from the MHWL to 
the toe of the secondary dune or developed structures. Lands within 
this unit are part of the federally owned Key West NWR (managed by the 
USFWS). General land use within this unit is primarily for wildlife 
conservation, and public access to the beaches is limited.

[[Page 46429]]

    Unit FL-12 (i.e., all segments represented in this unit) is 
occupied by the species and contains one or more of the PBFs essential 
to the conservation of the species. This unit provides a natural, 
protected beach and dune complex that supports regular nesting for 
green turtles in the State's Marquesas Management Unit (Shamblin et al. 
2020, p. 166). This entire unit overlaps designated critical habitat 
for the federally threatened loggerhead sea turtle (79 FR 39756, July 
10, 2014) and the federally threatened piping plover (66 FR 36038, July 
10, 2001). Additionally, approximately 4 ac (2 ha) of this unit overlap 
designated critical habitat for the federally endangered Cape Sable 
thoroughwort (79 FR 1552, January 8, 2014).
    Threats to the PBFs identified within Unit FL-12 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, recreational activities, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting beach and dune restoration, installing 
signage at beach access areas to educate the recreating public about 
presence of nesting turtles on beaches, and removing terrestrial debris 
on beaches and marine debris that washes ashore. Federal lands within 
this unit are managed by the Key West NWR under the Lower Florida Keys 
NWR Comprehensive Conservation Plan (USFWS 2009b, entire).
Unit FL-13: Dry Tortugas
    Unit FL-13 consists of 21 ac (8 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico on East, Middle, and Loggerhead 
Keys of the Dry Tortugas in Monroe County, Florida. The Dry Tortugas 
are a group of seven islands located at the end of the Florida Keys 
about 67 mi (108 km) west of Key West. The unit includes three 
segments: (1) all of East and Middle Keys (3 ac (1 ha) and less than 1 
ac (less than 1 ha)) from the MHWL, and (2) 17 ac (7 ha) of lands from 
the MHWL to the toe of the secondary dune or developed structures on 
Loggerhead Key. East Key is located 1.4 mi (2.2 km) east of Middle Key. 
Loggerhead Key, the largest island in the chain, is approximately 5.6 
mi (9 km) west of Middle Key. The islands are part of the federally 
owned Dry Tortugas National Park (managed by the NPS). General land use 
within this unit is primarily wildlife conservation with limited public 
access to beaches.
    Unit FL-13 (i.e., all segments that represent this unit) is 
occupied by the species and contains one or more of the PBFs essential 
to the conservation of the species. These islands provide a natural, 
protected beach and dune complex that supports high-density nesting 
habitat for green turtles in the State's Dry Tortugas Management Unit 
(Shamblin et al. 2020, p. 166). This entire unit overlaps designated 
critical habitat for the federally threatened loggerhead sea turtle (79 
FR 39756, July 10, 2014).
    Threats identified within Unit FL-13 include habitat loss, 
modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, recreational activities, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting beach and dune restoration, installing 
signage at beach access areas to educate the recreating public about 
presence of nesting turtles on beaches, and removing terrestrial debris 
on beaches and marine debris that washes ashore. Federal lands within 
this unit are managed by the NPS as Dry Tortugas National Park under 
the Final General Management Plan Amendment (NPS 2000, entire).
Unit FL-14: Sanibel Island West
    Unit FL-14 consists of 189 ac (76 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Sanibel Island in Lee 
County, Florida, from the southern side of Blind Pass to Tarpon Bay 
Road. This unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. Lands within this unit include 
approximately 76 ac (31 ha; 40 percent) in local government ownership 
and 113 ac (45 ha; 60 percent) in private/other ownership. General land 
use within this unit includes recreational activities (e.g., swimming, 
walking, fishing, and boating) and residential development.
    Unit FL-14 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles in the State's West Management 
Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; 
Witherington et al. 2009, p. 32). A portion of this unit contains a 
protected, natural beach and dune complex within a local park. In other 
areas, the development is set back further from the beach with 
extensive frontal beach and dunes, which provides less-disturbed 
nesting habitat. This entire unit overlaps designated critical habitat 
for the federally threatened loggerhead sea turtle (79 FR 39756, July 
10, 2014). Approximately 49 ac (20 ha) of the unit overlap designated 
critical habitat for the federally endangered aboriginal prickly-apple 
(81 FR 3866, January 22, 2016), and 158 ac (64 ha) of this unit overlap 
proposed critical habitat for the federally threatened rufa red knot 
(88 FR 22530, April 13, 2023).
    Threats to the PBFs identified within Unit FL-14 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting beach and dune 
restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at parking lots and beach access 
areas to educate the recreating public about presence of nesting 
turtles on beaches, enforcing local lighting ordinances, and removing 
terrestrial debris on beaches and marine debris that washes ashore.
Unit FL-15: Gasparilla Island
    Unit FL-15 consists of 155 ac (63 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Gasparilla Island in 
Lee and Charlotte Counties, Florida, from the southern side of 
Gasparilla Pass to the northern side of Boca Grande Pass. This unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 5 ac 
(2 ha; 3 percent) in Federal ownership, 25 ac (10 ha; 16 percent) in 
State ownership, and 125 ac (51 ha; 81 percent) in private/other 
ownership. Federal lands are owned by the U.S. Coast Guard and managed 
by a private preservation society. State lands comprise Gasparilla 
Island State Park (managed by the FDEP). General land use within this 
unit includes natural resource conservation, wildlife management, 
recreational activities (e.g., swimming, walking, fishing, and 
boating), and residential development.
    Unit FL-15 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The northern 
portion of this unit (Charlotte County) has high-density nesting by 
green turtles, and the southern portion (Lee County) contains 
internesting beach area to support

[[Page 46430]]

placement of multiple nests by individual turtles within a single 
season and area for the nesting population to expand and recover within 
in the State's West Management Unit (Shamblin et al. 2022, entire; 
Ceriani 2022, pers. comm.; Witherington et al. 2009, p. 32). This 
entire unit overlaps designated critical habitat for the federally 
threatened loggerhead sea turtle (79 FR 39756, July 10, 2014), and 
approximately 6 ac (2 ha) of the unit overlap designated critical 
habitat for the federally endangered aboriginal prickly-apple (81 FR 
3866, January 22, 2016).
    Threats to the PBFs identified within Unit FL-15 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, installing 
signage at parking lots and beach access areas to educate the 
recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore. State lands within this 
unit are managed under the Gasparilla Island State Park Management Plan 
(FDEP 2014b, entire).
Unit FL-16: Don Pedro and Little Gasparilla Islands
    Unit FL-16 consists of 186 ac (75 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Don Pedro and Little 
Gasparilla Islands in Charlotte County, Florida, from the southern side 
of Stump Pass to the northern side of Gasparilla Pass. This unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 20 
ac (8 ha; 11 percent) in State ownership and 166 ac (67 ha; 89 percent) 
in private/other ownership. State-owned lands comprise Don Pedro Island 
State Park (managed by the FDEP). General land use within this unit 
includes natural resource conservation, wildlife management, 
recreational activities (e.g., swimming, walking, fishing, and 
boating), and residential development.
    Unit FL-16 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles in the State's West Management 
Unit (Shamblin et al. 2022, entire; Ceriani 2022, pers. comm.; 
Witherington et al. 2009, p. 32). A portion of this unit contains a 
protected, natural beach and dune complex within the State Park. In 
other areas, the development is set back further from the beach with 
extensive frontal beach and dunes that provide relatively undisturbed 
nesting habitat. This entire unit overlaps designated critical habitat 
for the federally threatened loggerhead sea turtle (79 FR 39756, July 
10, 2014), and approximately 104 ac (42 ha) of the unit overlap 
proposed critical habitat for the federally threatened rufa red knot 
(88 FR 22530, April 13, 2023).
    Threats to the PBFs identified within Unit FL-16 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, coastal development and associated artificial 
lighting, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, installing 
signage at parking lots and beach access areas to educate the 
recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore. State lands within this 
unit are managed under the Don Pedro Island State Park Management Plan 
(FDEP 2013a, entire).
Unit FL-17: Manasota Key
    Unit FL-17 consists of 164 ac (66 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Manasota Key in 
Charlotte and Sarasota Counties, Florida, from approximately 0.1 mi 
(0.2 km) south of Harbor Drive South to the northern side of Stump 
Pass. The unit is divided into three segments to exclude intervening 
areas with primarily hardened structures that lack sand features. The 
northern segment is 85 ac (34 ha) and extends from approximately 0.1 mi 
(0.2 km) south of Harbor Drive South to approximately 6.4 mi (10.3 km) 
south. The middle segment is 27 ac (11 ha) and begins approximately 0.5 
mi (0.8 km) north of the parking area at Blind Pass Park and extends 
south to approximately 170 ft (52 m) south of the Charlotte-Sarasota 
County boundary. The southern segment is 51 ac (21 ha) and begins 
approximately 2.9 mi (4.7 km) north of Stump Pass and extends south to 
the northern side of Stump Pass. This unit includes lands from the MHWL 
to the toe of the secondary dune or developed structures. Lands within 
this unit include approximately 25 ac (10 ha; 15 percent) in State 
ownership, 46 ac (19 ha; 28 percent) in local government ownership, and 
93 ac (37 ha; 57 percent) in private/other ownership. State-owned lands 
comprise Stump Pass Beach State Park (managed by the FDEP). General 
land use within this unit includes natural resource conservation, 
wildlife management, recreational activities (e.g., swimming, walking, 
fishing, and boating), and residential development.
    Unit FL-17 (i.e., all segments represented in this unit) is 
occupied by the species and contains one or more of the PBFs essential 
to the conservation of the species. This unit has high-density nesting 
by green turtles. It also contains internesting beach area to support 
placement of multiple nests by individual turtles within a single 
season and area for the nesting population to expand and recover within 
the State's West Management Unit (Shamblin et al. 2022, entire; Ceriani 
2022, pers. comm.; Witherington et al. 2009, p. 32). Within the State 
and local parks are protected, natural beach and dune complexes that 
are important nesting habitat. This entire unit overlaps designated 
critical habitat for the federally threatened loggerhead sea turtle (79 
FR 39756, July 10, 2014). Additionally, approximately 57 ac (23 ha) of 
the unit overlap designated critical habitat for the federally 
endangered aboriginal prickly-apple (81 FR 3866, January 22, 2016), and 
approximately 9 ac (4 ha) of the unit overlap proposed critical habitat 
for the federally threatened rufa red knot (88 FR 22530, April 13, 
2023).
    Threats to the PBFs identified within Unit FL-17 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting beach and dune 
restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at parking lots and beach access 
areas to educate the recreating public about presence of nesting 
turtles on beaches,

[[Page 46431]]

enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore. State lands within this 
unit are managed under the Stump Pass Beach State Park Management Plan 
(FDEP 2013b, entire).
Unit FL-18: Casey and Siesta Keys
    Unit FL-18 consists of 114 ac (46 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Casey and Siesta Keys 
in Sarasota County, Florida, from approximately 0.9 mi (1.4 km) south 
of the Point O'Rocks southward to the northern side of Venice Inlet. 
The unit is divided into three segments to exclude areas with primarily 
hardened structures that lack sand features. The northern segment is 44 
ac (18 ha) and extends south for approximately 3.8 mi (6.1 km). The 
middle segment is 5 ac (2 ha) and begins approximately 0.35 mi (0.56 
km) north of Blackburn Point Road and extends south for 0.15 mi (0.24 
km). The southern segment is 64 ac (26 ha) and begins approximately 0.3 
mi (0.5 km) south of Blackburn Point Road and extends southward to the 
northern side of Venice Inlet. This unit includes lands from the MHWL 
to the toe of the secondary dune or developed structures. Lands within 
this unit include approximately 30 ac (12 ha; 26 percent) in local 
government ownership and 84 ac (34 ha; 74 percent) in private/other 
ownership. General land use within this unit includes recreational 
activities (e.g., swimming, walking, fishing, and boating), and 
residential development.
    Unit FL-18 (i.e., all segments represented in this unit) is 
occupied by the species and contains one or more of the PBFs essential 
to the conservation of the species. This unit has high-density nesting 
by green turtles. It also contains internesting beach area to support 
placement of multiple nests by individual turtles within a single 
season and area for the nesting population to expand and recover within 
the State's West Management Unit (Shamblin et al. 2022, entire; Ceriani 
2022, pers. comm.; Witherington et al. 2009, p. 32). This entire unit 
overlaps designated critical habitat for the federally threatened 
loggerhead sea turtle (79 FR 39756, July 10, 2014), and approximately 2 
ac (1 ha) of the unit overlap designated critical habitat for the 
federally endangered aboriginal prickly-apple (81 FR 3866, January 22, 
2016).
    Threats to the PBFs identified within Unit FL-18 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting beach and dune 
restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at parking lots and beach access 
areas to educate the recreating public about presence of nesting 
turtles on beaches, enforcing local lighting ordinances, and removing 
terrestrial debris on beaches and marine debris that washes ashore.
Unit FL-19: Cape St. George and St. George Island
    Unit FL-19 consists of 815 ac (330 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on Cape St. George and 
St. George Island in Franklin County, Florida, from the eastern side of 
West Pass to the western boundary of Dr. Julian G. Bruce St. George 
Island State Park. This unit includes lands from the MHWL to the toe of 
the secondary dune or developed structures. Lands within this unit 
include approximately 545 ac (221 ha; 67 percent) in State ownership 
and 270 ac (109 ha; 33 percent) in private/other ownership. State-owned 
lands comprise Cape St. George State Reserve of the Apalachicola 
National Estuarine Research Reserve (managed by the FDEP). General land 
use within this unit includes natural resource conservation, wildlife 
management, recreational activities (e.g., swimming, walking, fishing, 
and boating), and residential development.
    Unit FL-19 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles in the State's Northwest 
Management Unit (Ceriani 2022, pers. comm.). The State reserve provides 
a protected, natural beach and dune complex with limited human 
disturbance. This entire unit overlaps designated critical habitat for 
the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 
2014). Additionally, approximately 55 ac (22 ha) overlap designated 
critical habitat for the federally threatened piping plover (66 FR 
36038, July 10, 2001), and approximately 243 ac (98 ha) of the unit 
overlap proposed critical habitat for the federally threatened rufa red 
knot (88 FR 22530, April 13, 2023).
    Threats to the PBFs identified within Unit FL-19 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, coastal development and associated artificial 
lighting, recreational activities, and presence of terrestrial and 
marine debris. Special management considerations or protection measures 
to reduce or alleviate the threats may include conducting beach and 
dune restoration, ensuring renourishment sand mimics natural sand 
characteristics, installing signage at beach access areas to educate 
the recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, and removing terrestrial debris on 
beaches and marine debris that washes ashore. State lands within this 
unit are managed under the Apalachicola National Estuarine Research 
Reserve Management Plan (FDEP 2014c, entire).
Unit FL-20: St. Joseph Peninsula
    Unit FL-20 consists of 622 ac (252 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline on St. Joseph Peninsula 
in Gulf County, Florida, from the northern end of the island at St. Joe 
Point south to the boundary of Eglin Air Force Base on Cape San Blas. 
This unit includes lands from the MHWL to the toe of the secondary dune 
or developed structures. Lands within this unit include approximately 
466 ac (189 ha; 75 percent) in State ownership, 2 ac (1 ha; 0.3 
percent) in local government ownership, and 154 ac (62 ha; 25 percent) 
in private/other ownership. State-owned lands comprise T.H. Stone 
Memorial St. Joseph Peninsula State Park (managed by the FDEP). General 
land use within this unit includes natural resource conservation, 
wildlife management, recreational activities (e.g., swimming, walking, 
fishing, and boating), and residential development.
    Unit FL-20 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density green turtle nesting. It also contains internesting beach 
area to support placement of multiple nests by individual turtles 
within a single season and area for the nesting population to expand 
and recover within the State's Northwest Management Unit (Ceriani 2022, 
pers. comm.). The State Park portion of the unit supports a natural, 
protected beach and dune complex with limited human disturbance. 
Approximately 418 ac (169 ha) of the unit overlap designated critical 
habitat for the federally threatened loggerhead sea turtle (79 FR 
39756, July 10, 2014),

[[Page 46432]]

approximately 426 ac (172 ha) of the unit overlap designated critical 
habitat for the federally endangered St. Andrew's beach mouse (71 FR 
60238, October 12, 2006), and approximately 269 ac (109 ha) overlap 
designated critical habitat for the federally threatened piping plover 
(66 FR 36038, July 10, 2001).
    Threats to the PBFs identified within Unit FL-20 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, coastal development and associated artificial 
lighting, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, installing 
signage at parking lots and beach access areas to educate the 
recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, restricting beach driving and 
horseback riding locations and timing, and removing terrestrial debris 
on beaches and marine debris that washes ashore. State lands within 
this unit are managed under the T.H. Stone Memorial St. Joseph 
Peninsula State Park Management Plan (FDEP 2014d, entire).
Unit FL-21: Inlet Beach
    Unit FL-21 consists of 93 ac (37 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline of Inlet Beach in Walton 
County, Florida, from the eastern boundary of Deer Lake State Park to 
the western boundary of Camp Helen State Park. This unit includes lands 
from the MHWL to the toe of the secondary dune or developed structures. 
Lands in this unit include 7 ac (3 ha; 8 percent) in local government 
ownership and 86 ac (34 ha; 92 percent) in private/other ownership. 
General land use within this unit includes recreational activities 
(e.g., swimming, walking, fishing, and boating), and residential 
development.
    Unit FL-21 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles within the State's Northwest 
Management Unit (Ceriani 2022, pers. comm.). Approximately 2 ac (1 ha) 
of the unit overlap designated critical habitat for the federally 
endangered Choctawhatchee beach mouse (71 FR 60238, October 12, 2006).
    Threats to the PBFs identified within Unit FL-21 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, coastal development and associated artificial 
lighting, and presence of terrestrial and marine debris. Special 
management considerations or protection measures to reduce or alleviate 
the threats may include conducting beach and dune restoration, ensuring 
renourishment sand mimics natural sand characteristics, installing 
signage at parking lots and beach access areas to educate the 
recreating public about presence of nesting turtles on beaches, 
enforcing local lighting ordinances, restricting beach driving 
locations and timing, and removing terrestrial debris on beaches and 
marine debris that washes ashore.
Unit FL-22: Topsail Hill Preserve State Park
    Unit FL-22 consists of 165 ac (67 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline in Walton County, 
Florida, within the boundaries of Topsail Hill Preserve State Park. 
This unit includes lands from the MHWL to the toe of the secondary dune 
or developed structures. Lands within this unit are entirely in State 
ownership managed by the FDEP. General land use within this unit 
includes natural resource conservation, wildlife management, and 
recreational activities (e.g., swimming, walking, fishing, and 
boating).
    Unit FL-22 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles within the State's Northwest 
Management Unit (Ceriani 2022, pers. comm.). The State Park supports a 
natural, protected beach and dune complex with limited human 
disturbance. Approximately 132 ac (53 ha) of the unit overlaps 
designated critical habitat for the federally endangered Choctawhatchee 
beach mouse (71 FR 60238, October 12, 2006).
    Threats to the PBFs identified within Unit FL-22 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate threats may include conducting beach and dune restoration, 
ensuring renourishment sand mimics natural sand characteristics, 
installing signage at parking lots and beach access areas to educate 
recreating public about presence of nesting turtles on beaches, and 
removing terrestrial debris on beaches and marine debris that washes 
ashore. State lands within this unit are managed under Topsail Hill 
Preserve State Park's Management Plan (FDEP 2019, entire).
Unit FL-23: Gulf Islands National Seashore
    Unit FL-23 consists of 334 ac (135 ha) of beach, dune, and coastal 
vegetation along the Gulf of Mexico shoreline in Escambia County, 
Florida, from the western boundary of the University of West Florida 
beach property to the eastern boundary of the Gulf Islands National 
Seashore at the Escambia-Santa Rosa County boundaries. This unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 316 
ac (128 ha; 95 percent) in Federal ownership and 17 ac (7 ha; 5 
percent) in State ownership. Federal lands in this unit include the 
Gulf Islands National Seashore (managed by NPS), and State lands are 
University of West Florida property (managed by the State of Florida). 
General land use within this unit includes natural resource 
conservation, wildlife management, and recreational activities (e.g., 
swimming, walking, fishing, and boating).
    Unit FL-23 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit has 
high-density nesting by green turtles within the State's Northwest 
Management Unit (Ceriani 2022, pers. comm.). The unit is composed of a 
natural, protected beach and dune complex with limited human 
disturbance.
    Threats to the PBFs identified within Unit FL-23 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills) and 
responses to disasters, beach erosion, beach sand placement activities, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate threats may include conducting beach and dune restoration, 
ensuring renourishment sand mimics natural sand characteristics, 
modifying hiking trail routes during the nesting

[[Page 46433]]

season, installing signage at parking lots and beach access areas to 
educate the recreating public about presence of nesting turtles on 
beaches, and removing terrestrial debris on beaches and marine debris 
that washes ashore. Federal lands within this area are managed under 
the Gulf Islands National Seashore Final Management Plan and 
Environmental Impact Statement (NPS 2014b, entire).
Unit PR-01: Mona Island
    Unit PR-01 consists of 66 ac (27 ha) of beach and coastal 
vegetation along the southern half shoreline of Mona Island, located 
about 31 mi (50 km) from the west coast of Puerto Rico in the Caribbean 
Sea. The unit includes lands from the MHWL to the toe of the secondary 
dune or developed structures. This unit includes all beaches on Mona 
Island used by green turtles for nesting starting from the Playa 
Sardinera camp area in the west, moving south and then east to Playa 
Pajaros, just south of the Mona Island Lighthouse. Lands within this 
unit are entirely commonwealth-owned and managed by the Puerto Rico 
Department of Natural and Environmental Resources (DNER) as the Mona 
Island Nature Reserve. Mona Island has two camping areas and is managed 
for conservation and recreation, including hiking trails, picnic areas, 
and seasonal hunting of pigs and goats. Additionally, scientific 
research and monitoring of natural resources may occur year-round, 
particularly monitoring of sea turtle activity that the DNER has been 
implementing since the early 1990s (Diez and van Dam 2022, entire).
    Unit PR-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
provides an undeveloped coastline with limited disturbance from human 
activity and has had consistent green turtle nesting for at least the 
past 10 years (Diez 2021, pers. comm.). This unit also provides the 
only known green turtle nesting area on the west side of Puerto Rico, 
ensuring good spatial representation for this portion of the DPS, and 
it contains internesting beach area to support placement of multiple 
nests by individual turtles within a single season. The entire unit 
overlaps with designated critical habitat for the federally endangered 
hawksbill sea turtle (47 FR 27295, June 24, 1982) and other terrestrial 
species in which the entire Mona Island is designated critical habitat: 
the threatened Mona boa and Mona ground iguana (43 FR 4618, February 3, 
1978), and the federally endangered yellow-shouldered blackbird (41 FR 
51019, November 19, 1976).
    Threats to the PBFs identified within Unit PR-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, and presence of terrestrial and 
marine debris. Special management considerations or protection measures 
to reduce or alleviate the threats may include conducting specific 
research to better understand erosion patterns and removing terrestrial 
debris from the beaches and marine debris that washes ashore. 
Commonwealth lands within this unit are managed under the Puerto Rico 
State Wildlife Action Plan (DNER 2015, entire).
Unit PR-02: Guayama
    Unit PR-02 consists of 23 ac (9 ha) of beach and coastal vegetation 
along the southern coastline in the Guayama Municipality, Puerto Rico 
on the Caribbean Sea. This unit includes three separate beach segments 
(from east to west)--Las Mareas (6 ac (2 ha)), Los Limones (10 ac (4 
ha)), and Pozuelo (7 ac (3 ha))--along the shoreline of Punta Ola 
Grande (i.e., Las Mareas) and moving west towards Punto Pozuelo Point 
along the coast. The unit includes lands from the MHWL to the toe of 
the secondary dune or developed structures. All lands within this unit 
are under commonwealth ownership, although a small amount of the upland 
area may be under private ownership (noting that the best available 
information does not indicate how much area is within private 
ownership). General land use within this unit includes passive 
recreational activities for the public, and there is ongoing yearly sea 
turtle monitoring. Pozuelo Beach also has a parking area with gazebos 
adjacent to the beach for recreational day use.
    Unit PR-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
provides mostly an undeveloped coastline with limited disturbance from 
human activity and has seen an increase in green turtle nesting, 
particularly in the 2021 season (Diez 2021, pers. comm.). This unit 
provides one of the few green turtle nesting areas in mainland Puerto 
Rico and supports expansion and recovery of nesting from the Vieques 
Island nesting beaches (i.e., VPR-01 to 07), ensuring good spatial 
representation for Puerto Rico. This unit also contains internesting 
beach area to support placement of multiple nests by individual green 
turtles within a single season and provides nesting habitat for 
leatherback and hawkbill turtles that also occupy this area.
    Threats to the PBFs identified within Unit PR-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, recreational activities, and the 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting specific research to better understand 
erosion patterns, conducting habitat restoration, mitigating lighting 
impacts, and removing terrestrial debris from the beaches and marine 
debris that washes ashore. Commonwealth lands within this unit are 
managed under the Puerto Rico State Wildlife Action Plan (DNER 2015, 
entire).
Unit PR-03: Maunabo
    Unit PR-03 consists of 24 ac (10 ha) of beach and coastal 
vegetation along the southeastern coastline in the Maunabo 
Municipality, Puerto Rico, on the Caribbean Sea. This unit includes two 
separate beach segments--California (12 ac (5 ha)) and Punta Tuna (12 
ac (5 ha))--just west (i.e., California) and east (i.e., Punta Tuna) of 
the Punta Tuna Lighthouse at the end of Road PR-760. The unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. All lands within this unit are under commonwealth 
ownership, although a small amount of the upland area of the California 
Beach segment may be under private ownership (noting that the best 
available information does not indicate how much area is within private 
ownership). The 12-ac (5-ha; 50 percent) segment within Punta Tuna 
Beach is managed by the Puerto Rico DNER as the Punta Tuna Wetland 
Nature Reserve. General land use within this unit includes passive 
recreational activities for the public (e.g., use of beach and hiking) 
and ongoing/yearly sea turtle monitoring.
    Unit PR-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
provides a relatively undeveloped coastline with limited disturbance 
from human activity, including consistent and increasing green turtle 
nesting activity since 2013 (Crespo and Diez 2022, p. 21). This unit 
also provides one of the few green turtle nesting areas in mainland 
Puerto Rico and supports expansion and recovery of

[[Page 46434]]

nesting from the important nesting beaches (i.e., VPR-01 to 07), 
ensuring good spatial representation for Puerto Rico. This unit also 
contains internesting beach area to support placement of multiple nests 
by individual green turtles within a single season and provides nesting 
habitat for leatherback and hawksbill turtles that also occupy this 
area.
    Threats to the PBFs identified within Unit PR-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, recreational activities, coastal 
development and associated artificial lighting, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting specific research to better understand erosion patterns, 
conducting habitat restoration, mitigating lighting impacts, and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore. Commonwealth lands within this unit are managed under 
the Puerto Rico State Wildlife Action Plan (DNER 2015, entire).
Unit VPR-01: Campa[ntilde]a
    Unit VPR-01 consists of approximately 11 ac (4 ha) of beach and 
coastal vegetation along the north shoreline of Vieques Island, in 
between Punta Cabellos Colorados and just west of Punta Brigadier on 
Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes 
five beach segments starting at Punta Cabellos Colorados and moving 
east: (1) 2 ac (1 ha); (2) less than 1 ac (less than 1 ha); (3) less 
than 1 ac (less than 1 ha); (4) 1 ac (less than 1 ha); (5) and 8 ac (3 
ha). The unit includes lands from the MHWL to the toe of the secondary 
dune or developed structures. All lands within this unit are under 
Federal ownership within the eastern tract of the Vieques NWR. Unit 
VPR-01 is currently closed to public use because of unexploded ordnance 
(UXO) management, and there is limited monitoring of natural resources 
including sea turtle nesting surveys and research.
    Unit VPR-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The beaches 
within the Vieques NWR harbor the most important and consistent green 
turtle nesting area outside the main island of Puerto Rico (Barandarian 
and Berm[uacute]dez 2022, entire). This unit provides mostly an 
undeveloped beach shoreline and supports expansion and recovery beaches 
from the other units on Vieques Island and ensures good spatial 
representation of green turtle nesting for the north coast of Vieques. 
This unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for leatherback and hawksbill turtles that 
also occupy this area.
    Threats to the PBFs identified within Unit VPR-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO 
management), beach erosion, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats to critical habitat may include 
conducting specific research to better understand erosion patterns, 
consultation with the U.S. Navy for their UXO management, conducting 
public outreach, and removing terrestrial debris on the beaches and 
marine debris that washes ashore. The Vieques NWR is managed by the 
USFWS under the Comprehensive Conservation Plan (USFWS 2007, entire).
Unit VPR-02: Puerto Diablo
    Unit VPR-02 consists of approximately 15 ac (6 ha) of beach and 
coastal vegetation along the north shoreline of Vieques Island, Puerto 
Rico, on the Caribbean Sea. This unit includes eight beach segments 
(from west to east): (1) three segments starting approximately 1 mi 
(1.6 km) east of Punta Goleta and west of Puerto Diablo (two each that 
are less than 1 ac (less than 1 ha) and one that is 1 ac (less than 1 
ha)); (2) one segment within Puerto Diablo (5 ac (2 ha)); (3) and four 
additional segments before and up to Punta Icacos (1 ac (less than 1 
ha), 4 ac (2 ha), 1 ac (less than 1 ha), and 2 ac (1 ha)). The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. All lands within this unit are under Federal 
ownership within the eastern tract of the Vieques NWR. Unit VPR-02 is 
currently closed to public use because of UXO management and there is 
limited monitoring of natural resources, including sea turtle nesting 
surveys and research.
    Unit VPR-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The beaches 
within the Vieques NWR provide mostly an undeveloped beach shoreline 
and harbor the most important and consistent green turtle nesting area 
outside the main island of Puerto Rico (Barandarian and Berm[uacute]dez 
2022, entire). This unit supports expansion and recovery beaches from 
the other units on Vieques Island and ensures good spatial 
representation of green turtle nesting for the north coast of Vieques. 
This unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for the leatherback and hawksbill turtles that 
also occupy this area.
    Threats identified to the PBFs within Unit VPR-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO 
management), beach erosion, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting specific 
research to better understand erosion patterns, consultation with the 
U.S. Navy for their UXO management, conducting public outreach, and 
removing terrestrial debris on the beaches and marine debris that 
washes ashore. The Vieques NWR is managed under the USFWS's 
Comprehensive Conservation Plan (USFWS 2007, entire).
Unit VPR-03: Vieques East
    Unit VPR-03 consists of approximately 17 ac (7 ha) of beach and 
coastal vegetation along the northeast to southeast shoreline of 
Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes 
six beach segments (from west to east): (1) one segment along 
Bah[iacute]a Salinas (F[oacute]sil Beach) totaling 3 ac (1 ha); (2) 
four segments east of Punta Salinas including Barco Beach (2 ac (1 
ha)), unnamed beach (1 ac (less than 1 ha)), Brava Beach (3 ac (1 ha)), 
and Blanca Beach (3 ac (1 ha)); and (3) one segment towards Tamarindo 
Sur Beach (6 ac (3 ha)) and less than 1 mi (1.6 km) west of Punta Este. 
The unit includes lands from the MHWL to the toe of the secondary dune 
or developed structures. All lands within this unit are under Federal 
ownership within the eastern tract of the Vieques NWR. Unit VPR-03 is 
currently closed to public use because of UXO management, and there is 
limited monitoring of natural resources, including sea turtle nesting 
surveys and research.
    Unit VPR-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The beaches 
within the Vieques NWR provide mostly an undeveloped beach shoreline 
and harbor the most

[[Page 46435]]

important and consistent green turtle nesting area outside the main 
island of Puerto Rico (Barandarian and Berm[uacute]dez 2022, entire). 
This unit supports important nesting beaches and expansion and recovery 
beaches from the other units on Vieques Island, ensuring good spatial 
representation of green turtle nesting for the east coast of Vieques. 
This unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for the leatherback and hawksbill turtles that 
also occupy this area.
    Threats identified to the PBFs within Unit VPR-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO 
management), beach erosion, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting specific 
research to better understand erosion patterns; consultation with the 
U.S. Navy for their UXO management actions, conducting public outreach, 
and removing terrestrial debris on the beaches and marine debris that 
washes ashore. The Vieques NWR is managed by the USFWS under the 
Comprehensive Conservation Plan (USFWS 2007, entire).
Unit VPR-04: Fanduca to Conejo
    Unit VPR-04 consists of approximately 23 ac (9 ha) of beach and 
coastal vegetation along the southeast shoreline of Vieques Island, 
Puerto Rico, on the Caribbean Sea. This unit comprises eight segments 
(west to east): (1) Bah[iacute]a Fanduca Beach (2 ac (1 ha)); (2) 
Bah[iacute]a Yoy[eacute] Beach (1 ac (less than 1 ha)); (3) two 
segments at Bah[iacute]a Jalova Beach (2 ac (1 ha) and 4 ac (2 ha)); 
(4) Punta Mat[iacute]as Beach (11 ac (5 ha)); and (5) three 1-ac (less 
than 1-ha) segments along Conejo Beach just west of Bah[iacute]a 
Salinas del Sur. The unit includes lands from the MHWL to the toe of 
the secondary dune or developed structures. All lands within this unit 
are under Federal ownership within the eastern tract of the Vieques 
NWR. Unit VPR-04 is currently closed to public use because of UXO 
management, and there is limited monitoring of natural resources, 
including sea turtle nesting surveys and research.
    Unit VPR-04 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The beaches 
within the Vieques NWR provide mostly an undeveloped beach shoreline 
and harbor the most important and consistent green turtle nesting area 
outside the main island of Puerto Rico (Barandarian and Berm[uacute]dez 
2022, entire). This unit supports important beaches on Vieques Island 
and ensures good spatial representation of green turtle nesting for the 
southwest coast of Vieques. This unit also contains internesting beach 
area to support placement of multiple nests by individual green turtles 
within a single season and provides nesting habitat for the leatherback 
and hawksbill turtles that also occupy this area.
    Threats identified to the PBFs within Unit VPR-04 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO 
management), beach erosion, and presence of terrestrial and marine 
debris. Special management considerations or protection measures to 
reduce or alleviate the threats may include conducting specific 
research to better understand erosion patterns; consultation with the 
U.S. Navy for their UXO management actions; conducting public outreach; 
removing terrestrial debris on the beaches and marine debris that 
washes ashore, which can impede the movement of hatchlings and adults 
between nests and the ocean; and relocating nests when needed, such as 
when responding to natural or human-caused disasters. The Vieques NWR 
is managed under the USFWS's Comprehensive Conservation Plan (USFWS 
2007, entire).
Unit VPR-05: La Chiva
    Unit VPR-05 consists of approximately 10 ac (4 ha) of beach and 
coastal vegetation along the south shoreline of Vieques Island, Puerto 
Rico, on the Caribbean Sea. This unit comprises two beach segments: (1) 
within Bah[iacute]a La Chiva Beach (8 ac (3 ha)); and (2) another 
smaller segment just west of Punta Conejo (2 ac (1 ha)). The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. All lands within this unit are under Federal 
ownership within the eastern tract of the Vieques NWR. General land use 
within this unit is primarily for recreational activities (e.g., 
beachgoers, snorkeling, and tourism) and conservation with periodic or 
annual monitoring of natural resources, including sea turtle nesting 
surveys and habitat restoration.
    Unit VPR-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The beaches 
within the Vieques NWR provide mostly an undeveloped beach shoreline 
and harbor the most important and consistent green turtle nesting area 
outside the main island of Puerto Rico (Barandarian and Berm[uacute]dez 
2022, entire). This unit supports expansion and recovery beaches from 
the other units on Vieques Island and ensures good spatial 
representation of green turtle nesting for the south coast of Vieques. 
This unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for the leatherback and hawksbill turtles that 
also occupy this area.
    Threats identified to the PBFs within Unit VPR-05 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills, and UXO 
management), beach erosion, recreational activities, and presence of 
terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting specific research to better understand erosion patterns, 
consultation with the U.S. Navy for their UXO management actions, 
conducting public outreach, and removing terrestrial debris from the 
beaches and marine debris that washes ashore. The Vieques NWR is 
managed under the USFWS's Comprehensive Conservation Plan (USFWS 2007, 
entire).
Unit VPR-06: Sun Bay
    Unit VPR-06 consists of approximately 13 ac (5 ha) of beach and 
coastal vegetation along the south shoreline of Vieques Island, just 
east of the town of Esperanza within Sun Bay on Vieques Island, Puerto 
Rico, on the Caribbean Sea. The unit includes lands from the MHWL to 
the toe of the secondary dune or developed structures. All lands within 
this unit are commonwealth-owned and managed by the Puerto Rico DNER as 
the Bioluminescent Bays Nature Reserve. General land use within this 
unit is primarily for recreational activities (e.g., beachgoers, 
tourism, and camping) and conservation with periodic or annual 
monitoring of natural resources, including sea turtle nesting surveys 
and habitat restoration.
    Unit VPR-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports expansion and recovery beaches from the other units on Vieques 
Island and ensures good spatial representation of green

[[Page 46436]]

turtle nesting for the south coast of Vieques (Barandarian and 
Berm[uacute]dez 2022, entire). This unit also contains internesting 
beach area to support placement of multiple nests by individual green 
turtles within a single season and provides nesting habitat for the 
leatherback and hawksbill turtles that also occupy this area.
    Threats to the PBFs identified within Unit VPR-06 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes, oil spills), beach 
erosion, recreational activities, and presence of terrestrial and 
marine debris. Special management considerations or protection measures 
to reduce or alleviate the threats may include conducting specific 
research to better understand erosion patterns, conducting public 
outreach, and removing terrestrial debris on the beaches and marine 
debris that washes ashore. Commonwealth lands within this unit are 
managed under Puerto Rico's State Wildlife Action Plan (DNER 2015, 
entire).
Unit VPR-07: Vieques Southwest
    Unit VPR-07 consists of approximately 48 ac (19 ha) of beach and 
coastal vegetation along the southwest shoreline of Vieques Island, 
Puerto Rico, on the Caribbean Sea. This unit comprises two segments in 
the southwestern edge of the Vieques NWR: (1) one 28-ac (11-ha) segment 
extending approximately 3 mi (5 km) west of Punta Vaca; and (2) one 19-
ac (8-ha) segment starting less than 1 mi (less than 1 km) east of 
Punta Vaca and extending approximately 2 mi (3 km) east just south of 
Laguna Playa Grande. The unit includes lands from the MHWL to the toe 
of the secondary dune or developed structures. Approximately 44 ac (18 
ha; 92 percent) of lands within this unit are under Federal ownership 
within the western tract of the Vieques NWR, and approximately 4 ac (1 
ha; 8 percent) are under commonwealth ownership, although a small 
amount of the upland area under commonwealth ownership may be under 
private ownership (noting that the best available information does not 
indicate how much area is within private ownership). General land use 
within this unit is primarily for recreational activities (e.g., 
beachgoers and tourism) and conservation with periodic or annual 
monitoring of natural resources, including sea turtle nesting surveys 
and habitat restoration.
    Unit VPR-07 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. The beaches 
within the Vieques NWR provide mostly an undeveloped beach shoreline 
and harbor the most important and consistent green turtle nesting area 
outside the main island of Puerto Rico (Barandarian and Berm[uacute]dez 
2022, entire). This unit supports important nesting beaches on Vieques 
Island and ensures good spatial representation of green turtle nesting 
for the south coast of Vieques. This unit also contains internesting 
beach area to support placement of multiple nests by individual green 
turtles within a single season and provides nesting habitat for the 
leatherback and hawksbill turtles that also occupy this area.
    Threats to the PBFs identified within Unit VPR-07 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills), 
beach erosion, recreational activities, and presence of terrestrial and 
marine debris. Special management considerations or protection measures 
to reduce or alleviate the threats may include conducting specific 
research to better understand erosion patterns, conducting public 
outreach, and removing terrestrial debris from the beaches and marine 
debris that washes ashore. The Vieques NWR is managed under the USFWS's 
Comprehensive Conservation Plan (USFWS 2007, entire), and commonwealth 
lands within this unit are managed under Puerto Rico's State Wildlife 
Action Plan (DNER 2015, entire).

South Atlantic DPS

Unit USVI-01: Sandy Point National Wildlife Refuge
    Unit USVI-01 consists of approximately 37 ac (15 ha) of beach and 
coastal vegetation along the Westend Peninsula shoreline within the 
Sandy Point NWR on the southwest point of St. Croix, U.S. Virgin 
Islands, in the Caribbean Sea. It also includes a contiguous beach area 
just outside of the Refuge on the northernmost boundary, on the shore 
of the Fredericksted pool area at the end of Veterans Shore Drive. The 
unit includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 35 
ac (14 ha; 95 percent) in Federal ownership (managed by the USFWS as 
the Sandy Point NWR) and 2 ac (1 ha; 5 percent) in territory ownership 
(managed by the Virgin Islands Department of Sports, Parks, and 
Recreation). General land use within this unit is primarily for the 
conservation of sea turtles and recreational activities.
    Unit USVI-01 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. Unit USVI-01 
consists of the longest and most continuous stretch of important beach 
habitat along the western peninsula of St. Croix. This unit provides 
mostly an undeveloped coastline with limited disturbance from human 
activity and has seen an increase in green turtle nesting, particularly 
since 2018 (Lombard 2021, pers. comm.). This area provides the most 
important green turtle nesting area between Puerto Rico and the U.S. 
Virgin Islands. This unit also contains internesting beach area to 
support placement of multiple nests by individual green turtles within 
a single season. Approximately 27 ac (11 ha) of this unit overlap 
designated critical habitat for the federally endangered leatherback 
sea turtle (43 FR 43688, September 26, 1978) and also provides nesting 
habitat for hawksbill turtles that also occupy this area.
    Threats to the PBFs identified within Unit USVI-01 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, recreational activities, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include controlling public use access on beaches during the 
nesting season, conducting public outreach, and removing terrestrial 
debris from the beaches and marine debris that washes ashore. The Sandy 
Point NWR is managed under the Refuge's Comprehensive Conservation Plan 
(USFWS 2010, entire).
Unit USVI-02: Long Point Bay
    Unit USVI-02 consists of approximately 9 ac (4 ha) of mostly 
undeveloped beach and coastal vegetation along the southwestern 
shoreline of Long Point Bay just west of Long Point on St. Croix, U.S. 
Virgin Islands, in the Caribbean Sea, and east of the Sandy Point NWR 
(USVI-01) along the southern shoreline. The unit includes lands from 
the MHWL to the toe of the secondary dune or developed structures. All 
lands within this unit are in territory ownership, although a small 
amount of the upland area may be under private ownership (noting that 
the best available information does not indicate how much area may be 
within private ownership). General land use within this unit includes 
recreational day use activities (e.g., beachgoers and tourism)

[[Page 46437]]

and limited monitoring of sea turtle activity.
    Unit USVI-02 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports expansion and recovery beaches from the other U.S. Virgin 
Islands units and ensures good spatial representation of green turtle 
nesting for the southwestern shoreline of St. Croix. The Long Point Bay 
unit provides a mostly undeveloped beach shoreline to support the 
significant amount of nesting that occurs on the adjacent Sandy Point 
NWR (Dow et al. 2007, p. 251; Eckert and Eckert 2019, p. 230). This 
unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for the leatherback and hawksbill turtles that 
also occupy this area.
    Threats to the PBFs identified within Unit USVI-02 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, recreational activities, beach 
driving, coastal development and associated artificial lighting, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting specific research to better understand 
erosion patterns, conducting habitat restoration, mitigating lighting 
impacts, and removing terrestrial debris from the beaches and marine 
debris that washes ashore. Territory lands within this unit are managed 
under the Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 
2018, entire).
Unit USVI-03: St. Croix South
    Unit USVI-03 consists of 20 ac (8 ha) of beach and coastal 
vegetation along the south-central shoreline of St. Croix, U.S. Virgin 
Islands, in the Caribbean Sea. This unit comprises two beach segments: 
(1) 13 ac (5 ha) east of the oil refinery towards Vagthus Point along 
Manchenil Bay; and (2) 7 ac (3 ha) along Halfpenny Bay towards Ferral 
Point. The unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. All lands within this unit are 
in territory ownership, although a small amount of the upland area may 
be under private ownership (noting that the best available information 
does not indicate how much area may be within private ownership). This 
unit offers mostly undeveloped beach areas with some areas contiguous 
with housing and public access to the beach. General land use within 
this unit is mostly recreational activities (e.g., beachgoers and 
tourism), and there is limited monitoring of natural resources that 
occurs during the sea turtle nesting season.
    Unit USVI-03 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports important expansion and recovery beaches and ensures good 
spatial representation for the south-central coast of St. Croix. Both 
beaches in Manchenil and Halfpenny Bays have consistent green turtle 
nesting activity (Dow et al. 2007, p. 251; Eckert and Eckert 2019, p. 
230) and present mostly an undeveloped beach shoreline. This unit also 
contains internesting beach area to support placement of multiple nests 
by individual green turtles within a single season and provides nesting 
habitat for the leatherback and hawksbill turtles that also occupy this 
area. Approximately 0.4 ac (0.2 ha) of this unit overlap designated 
critical habitat for the federally endangered plant Agave eggersiana 
(79 FR 53315, September 9, 2014).
    Threats identified to the PBFs within Unit USVI-03 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, beach driving, recreational activities, 
and presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting specific research to better understand 
erosion patterns, conducting habitat restoration, mitigating lighting 
impacts, and removing terrestrial debris from the beaches and marine 
debris that washes ashore. Territory lands within this unit are managed 
under the Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 
2018, entire).
Unit USVI-04: East End
    Unit USVI-04 consists of 16 ac (6 ha) of mostly undeveloped beach 
and coastal vegetation along the shoreline from Grapetree Point in the 
southeast towards the northeast to Romney Point on St. Croix, U.S. 
Virgin Islands, in the Caribbean Sea. The unit includes six beach 
segments (starting from Grapetree Point on the southeast): (1) 2 ac 
(less than 1 ha) along the west end of Grapetree Bay, (2) 4 ac (2 ha) 
along Jack's Bay, (3) 5 ac (2 ha) along Isaac's Bay, (4) 3 ac (1 ha) 
along East End Bay, (5) 1 ac (less than 1 ha) along Whale Point Bay, 
and (6) 1 ac (less than 1 ha) along Knight's Bay. This unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. All lands within this unit are in territory ownership, 
although a small amount of the upland area may be under private 
ownership (noting that the best available information does not indicate 
how much area is within private ownership). As part of the St. Croix 
East End Marine Park (STXEEMP 2016, entire), general land use within 
this unit is mostly recreational activities (e.g., beachgoers, tourism, 
hiking, and recreational fishing), and there is periodic or annual 
monitoring of natural resources including limited sea turtle nesting 
surveys.
    Unit USVI-04 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports both important expansion and recovery beaches and ensures good 
spatial representation for the east end coast of St. Croix. This unit 
harbors one of the most important green turtle nesting areas in St. 
Croix after Sandy Point NWR (USVI-01) (Dow et al. 2007, p. 251; Eckert 
and Eckert 2019, p. 230; Pott 2021, entire) and provides mostly an 
undeveloped coastline with limited disturbance from human activity. 
This unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for the leatherback and hawksbill turtles that 
also occupy this area. Approximately 4 ac (2 ha) of this unit overlap 
designated critical habitat for the federally endangered plant Agave 
eggersiana (79 FR 53315, September 9, 2014).
    Threats to the PBFs identified within Unit USVI-04 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, recreational activities, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting specific research to better understand erosion patterns, 
conducting habitat restoration, mitigating lighting impacts, and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore. Territory lands within this unit are managed under the 
STXEEMP Management Plan (STXEEMP 2016, entire). A portion of these 
territory-

[[Page 46438]]

owned lands in this unit (Isaac's and Jack's Bay beaches) is managed by 
the TNC (STXEEMP 2016, entire).
Unit USVI-05: Chenay to Coakley
    Unit USVI-05 consists of 15 ac (6 ha) of mostly undeveloped beach 
and coastal vegetation along the shoreline from the Southgate Coastal 
Reserve just west of the Green Cay Marina to Wismenog Point, St. Croix, 
U.S. Virgin Islands, in the Caribbean Sea. This unit comprises three 
beach segments (west to east): (1) 6 ac (3 ha) along Chenay Bay; (2) 5 
ac (2 ha) along Prune Bay, and (3) 4 ac (2 ha) along Coakley Bay. This 
unit includes lands from the MHWL to the toe of the secondary dune or 
developed structures. All lands within this unit are in Territory 
ownership, although a small amount of the upland area may be under 
private ownership (noting that the best available information does not 
indicate how much area is within private ownership). As part of the 
STXEEMP (2016, entire), general land use within this unit is mostly 
recreational activities (e.g., beachgoers, tourism, hiking, and 
recreational fishing), and there is periodic or annual monitoring of 
natural resources including limited sea turtle nesting surveys.
    Unit USVI-05 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports important expansion and recovery nesting areas and ensures 
good spatial representation for the northeast of St. Croix. The mostly 
undeveloped coastline experiences limited disturbance from human 
activity and has consistent green turtle nesting (Dow et al. 2007, p. 
251; Eckert and Eckert 2019, p. 230; Pott 2021, entire) from year to 
year. This unit also contains internesting beach area to support 
placement of multiple nests by individual green turtles within a single 
season and provides nesting habitat for the leatherback and hawksbill 
turtles that also occupy this area.
    Threats to the PBFs identified within Unit USVI-05 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, recreational activities, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting specific research to better understand erosion patterns, 
conducting habitat restoration, mitigating lighting impacts, and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore. Territory lands within this unit are managed under the 
STXEEMP Management Plan (STXEEMP 2016, entire). A portion of this unit, 
Southgate Coastal Reserve, is owned and managed by the St. Croix 
Environmental Association (STXEEMP 2016, entire).
Unit USVI-06: Buccaneer
    Unit USVI-06 consists of 6 ac (2 ha) of beach and coastal 
vegetation along the shoreline on the north coast of St. Croix, U.S. 
Virgin Islands, in the Caribbean Sea. This unit comprises two beach 
segments: (1) 5 ac (2 ha) along Beauregard Bay just north of Altona 
Lagoon; and (2) 1 ac (less than 1 ha) along Whistle Beach just east of 
Shoy Point. This unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. All lands within this unit are 
in territory ownership, although a small amount of the upland area may 
be under private ownership (noting that the best available information 
does not indicate how much area is within private ownership). Adjacent 
private lands within this unit are associated with the Buccaneer Beach 
and Golf Resort, and, therefore, general land use within this unit 
includes recreational activities related to the resort (e.g., 
beachgoers, swimming, and tourism).
    Unit USVI-06 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
provides a partially developed coastline with limited disturbance from 
human activity associated with the resort. Both beaches within this 
unit support expansion and recovery nesting beaches from adjacent units 
(USVI-05, 07, and 08) (Eckert and Eckert 2019, p. 230) and ensure good 
spatial representation in the north part of St. Croix. This unit also 
contains internesting beach area to support placement of multiple nests 
by individual green turtles within a single season and provides nesting 
habitat for the leatherback and hawksbill turtles that also occupy this 
area.
    Threats to the PBFs identified within Unit USVI-06 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, coastal development and 
associated artificial lighting, recreational activities, and presence 
of terrestrial and marine debris. Special management considerations or 
protection measures to reduce or alleviate the threats may include 
conducting specific research to better understand erosion patterns, 
conducting habitat restoration, mitigating lighting impacts, and 
removing terrestrial debris from the beaches and marine debris that 
washes ashore. Territory lands within this unit are managed under the 
Virgin Islands Wildlife Action Plan (Platenberg and Valiulis 2018, 
entire).
Unit USVI-07: Judith's Fancy
    Unit USVI-07 consists of 3 ac (1 ha) of beach and coastal 
vegetation along the north shoreline within the Judith's Fancy Estate 
just east of Salt River Bay on St. Croix, U.S. Virgin Islands, in the 
Caribbean Sea. This unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. All lands within this unit are 
in Territory ownership, although a small amount of the upland area may 
be under private ownership (noting that the best available information 
does not indicate how much area is within private ownership). General 
land use within this unit is mostly recreational activities (e.g., 
beachgoers), and there are limited sea turtle nesting surveys.
    Unit USVI-07 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
supports an expansion and recovery nesting beach for the other adjacent 
units (USVI-05, 06, and 08) (Eckert and Eckert 2019, p. 230) and 
ensures good spatial representation for the north shoreline of St. 
Croix. This unit also contains internesting beach area to support 
placement of multiple nests by individual green turtles within a single 
season and provides nesting habitat for the leatherback and hawksbill 
turtles that also occupy this area.
    Threats to the PBFs identified within Unit USVI-07 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills), 
beach erosion, coastal development and associated artificial lighting, 
recreational activities, and presence of terrestrial and marine debris. 
Special management considerations or protection measures to reduce or 
alleviate the threats may include conducting specific research to 
better understand erosion patterns, conducting habitat restoration, 
mitigating lighting impacts, and removing terrestrial debris from the 
beaches and marine debris that washes ashore. Territory lands within 
this unit are managed under the Virgin Islands Wildlife Action Plan 
(Platenberg and Valiulis 2018, entire).

[[Page 46439]]

Unit USVI-08: Buck Island Reef National Monument
    Unit USVI-08 consists of 12 ac (5 ha) of undeveloped beach and 
coastal vegetation along the shoreline of Buck Island approximately 2 
mi (3 km) off the northeast coast of St. Croix, U.S. Virgin Islands, in 
the Caribbean Sea. The unit includes lands from the MHWL to the toe of 
the secondary dune or developed structures from the island's North 
Shore on the northwest and moving south towards West Beach, South 
Shore, and Turtle Bay. Lands within this unit are all within Federal 
ownership and managed by the NPS for conservation and recreation. 
General land use includes recreational activities (i.e., snorkeling, 
hiking trails, and picnic day use areas), and scientific research and 
monitoring of natural resources that may occur year-round, including 
sea turtle nesting surveys.
    Unit USVI-08 is occupied by the species and contains one or more of 
the PBFs essential to the conservation of the species. This unit 
provides an undeveloped coastline with limited disturbance from human 
activity and has had consistent green turtle nesting for at least the 
past 10 years (NPS 2021b and 2021c, entire) and provides the only 
important nesting area outside of the main island of St. Croix. This 
unit also contains internesting beach area to support placement of 
multiple nests by individual green turtles within a single season and 
provides nesting habitat for the leatherback and hawksbill turtles that 
also occupy this area.
    Threats to the PBFs identified within Unit USVI-08 include habitat 
loss, modification, and degradation of nesting beach habitat, naturally 
caused or human-caused disasters (e.g., hurricanes and oil spills) and 
responses to disasters, beach erosion, recreational activities, and 
presence of terrestrial and marine debris. Special management 
considerations or protection measures to reduce or alleviate the 
threats may include conducting specific research to better understand 
erosion patterns and removing terrestrial debris from the beaches and 
marine debris that washes ashore. The Buck Island Reef National 
Monument is managed under the NPS's General Management Plan (NPS 2012, 
entire).

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
USFWS, to ensure that any action they fund, authorize, or carry out is 
not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the USFWS on any agency action which is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    We published a final rule revising the definition of destruction or 
adverse modification on August 27, 2019 (84 FR 44976). Destruction or 
adverse modification means a direct or indirect alteration that 
appreciably diminishes the value of critical habitat as a whole for the 
conservation of a listed species.
    Compliance with the requirements of section 7(a)(2) is documented 
through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. We define ``reasonable and prudent 
alternatives'' (at 50 CFR 402.02) as alternative actions identified 
during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action,
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    (3) Are economically and technologically feasible, and
    (4) Would, in the USFWS Director's opinion, avoid the likelihood of 
jeopardizing the continued existence of the listed species and/or avoid 
the likelihood of destroying or adversely modifying critical habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 set forth requirements for Federal 
agencies to reinitiate consultation if any of the following four 
conditions occur: (1) the amount or extent of taking specified in the 
incidental take statement is exceeded; (2) new information reveals 
effects of the action that may affect listed species or critical 
habitat in a manner or to an extent not previously considered; (3) the 
identified action is subsequently modified in a manner that causes an 
effect to the listed species or critical habitat that was not 
considered in the biological opinion or written concurrence; or (4) a 
new species is listed or critical habitat designated that may be 
affected by the identified action. The reinitiation requirement applies 
only to actions that remain subject to some discretionary Federal 
involvement or control. As provided in 50 CFR 402.16, the requirement 
to reinitiate consultations for new species listings or critical 
habitat designation does not apply to certain agency actions (e.g., 
land management plans issued by the Bureau of Land Management in 
certain circumstances).

Application of the ``Destruction or Adverse Modification'' Standard

    The key factor related to the destruction or adverse modification 
determination is whether implementation of the proposed Federal action 
directly or indirectly alters the designated critical habitat in a way 
that appreciably diminishes the value of the critical habitat for the 
conservation of the listed species. As discussed above, the role of 
critical habitat is to support PBFs essential to the conservation of a 
listed species and provide for the conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may violate section 
7(a)(2) of the Act by destroying or adversely modifying such habitat, 
or that may be affected by such designation. One of the most important 
concepts of an analysis for destruction or adverse modification is the 
scale at which the analysis and final conclusion are made. Just as the 
determination of jeopardy under section 7(a)(2) of the Act is made at 
the scale of the entire listed entity, a determination of destruction 
or adverse modification is made at the scale of the entire critical 
habitat designation. Put another way, the determination of 
``destruction or adverse modification'' is based on whether the action 
will appreciably diminish the value of the critical habitat as a whole, 
not just in the action area. Therefore, an analysis for destruction or 
adverse modification for green turtle critical habitat would be 
performed at the DPS level and would assess whether

[[Page 46440]]

the effects of the action will appreciably diminish the value of 
critical habitat within the affected DPS.
    During a consultation under section 7(a)(2) of the Act, activities 
that we may find are likely to destroy or adversely modify critical 
habitat for the green turtle DPSs include, but are not limited to:
    (1) Actions that would significantly alter the configuration, 
topography, or substrate of nesting or basking habitats. Such 
activities could include, but are not limited to, construction 
development and associated infrastructure, including roadways; 
commercial and residential development; light installation visible from 
beaches; fencing installation; hard stabilization structures; removal, 
placement, or redistribution of sediments, such as beach nourishment; 
dredged material disposition; planting or promoting dense, woody, 
nonnative vegetation; and mechanical beach raking. These activities may 
destroy or degrade beach habitats, eliminating or reducing the 
terrestrial habitat necessary for green turtle basking, nesting, 
incubation, hatching, hatchling emergence from the sand, and transit to 
sea. However, activities that are intended to benefit green turtle 
critical habitat (e.g., restoration or enhancement of beach/dune 
habitat, beach renourishment restorations, occasional or episodic 
protective screening over nests where predator management may not be 
feasible or proven effective after implementation, and dune 
stabilizations, including managed sand fencing where deemed 
appropriate, that demonstrate beneficial contributions to the recovery 
of the species) following state and federal guidelines, under most 
circumstances would not significantly adversely alter nesting or 
basking habitats.
    (2) Actions that would inhibit the natural ability of beaches to 
adapt to sea level rise. Depending on the location, such activities 
could include, but are not limited to, construction of sea walls, 
bulkheads, revetments, jetties, groins, beachside buildings, parking 
lots and roadways, and artificial dunes with rock or clay cores or 
stabilized with fencing or densely planted vegetation outside of State 
and Federal guidelines. Such structures prevent the natural migration 
of barrier beach habitats, increasing the rate and areal extent of 
inundation and corresponding loss of green turtle nesting and basking 
habitats.

Exemptions

Application of Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) provides that the Secretary shall not 
designate as critical habitat any lands or other geographical areas 
owned or controlled by the DoD, or designated for its use, that are 
subject to an integrated natural resources management plan prepared 
under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary 
determines in writing that such plan provides a benefit to the species 
for which critical habitat is proposed for designation.
    We consult with the military on the development and implementation 
of INRMPs for installations with listed species. We analyzed INRMPs 
developed by military installations located within the range of the 
proposed critical habitat designation for the green turtle to determine 
if they meet the criteria for exemption from critical habitat under 
section 4(a)(3) of the Act. There are 14 DoD-owned or -managed areas 
with completed USFWS-approved INRMPs for lands within the range of the 
green turtle proposed critical habitat designation. These lands are 
addressed in eight INRMPs within the Central North Pacific DPS (398 ac 
(161 ha)), the Central West Pacific DPS (49.5 ac (20.5 ha)), and the 
North Atlantic DPS (2,865 ac (1,159 ha)), including a total of 
approximately 3,313 ac (1,341 ha) qualifying for exemption from 
critical habitat under section 4(a)(3) of the Act. Each of these 
approved INRMPs and their benefits to the green turtle and its habitat 
are summarized below.

Approved INRMPs

Pacific Missile Range Facility, Island of Kaua[revaps]i, HI; Central 
North Pacific DPS; 298 ac (121 ha)
    The Pacific Missile Range Facility includes lands on multiple 
Hawaiian Islands, totaling 3,700 ac (1,497 ha) and is identified as the 
largest instrumented multi-environment test range in the world. The 
facility supports training, tactics development, and evaluations of 
air, surface, and subsurface weapons systems for the Navy and other DoD 
agencies, foreign military forces, and private industry, as well as 
varied support of naval operations (DoD 2010, p. 2-1). For this 
proposed rule, we are only addressing coastal facility lands on Kaua'i 
at the Navy-owned Barking Sands (Main Base), which includes range 
operations, missile assembly and launch, radar tracking, 
communications, aviation and aviation support, a torpedo shop, and 
personnel support.
    Natural resources are managed at the Pacific Missile Range Facility 
to support the military mission and to provide sustainable environments 
for training, education, and operations. Installation objectives are 
established, prioritized, and revisited on a regular basis, including 
consideration of natural resources management to meet both installation 
(mission) and regional objectives. The primary goal of the INRMP is to 
``support and sustain the military mission of Pacific Missile Range 
Facility while managing, protecting, and enhancing biological diversity 
and ecosystem integrity of military lands and waters and all associated 
threatened and endangered species and their habitats'' (DoD 2010, p. 1-
10). The 2010 Pacific Missile Range Facility INRMP guides the 
management and conservation of natural resources under the 
installation's control. It provides interdisciplinary strategic 
guidance for the management of natural resources, including the green 
turtle, in support of the military mission at Barking Sands.
    We identified 298 ac (121 ha) of DoD lands within the Barking Sands 
area that harbor important basking and nesting

[[Page 46441]]

habitat consisting of beach, dune, and coastal vegetation. These lands 
are considered occupied by the species and provide natural beach 
habitat important for green turtle basking and nesting activity.
    Natural resources management at Barking Sands is addressed through 
the following categories: project-specific management action, natural 
resources studies, use of Geographic Information systems, forestry, 
community outreach, outdoor recreation, land management, flood plains, 
law enforcement, wildland fire, and leases and encroachment (DoD 2010, 
p. 3-56). Recommended management actions outlined in the INRMP (DoD 
2010, pp. 9-3, 9-5, 9-7, 9-9) that provide a conservation benefit to 
green turtles include:
    (1) Conducting predator control;
    (2) Implementing sea turtle management, including daily records of 
observations (sightings, tracks, and nesting events);
    (3) Protecting, monitoring, and recording sea turtle nests;
    (4) Implementing standard operating procedures that require beaches 
to be surveyed 1 hour prior to beach landing exercises, and delaying 
training if turtles are present until they voluntarily leave the area;
    (5) Conducting cleanup events of marine debris that washes ashore;
    (6) Implementing invasive species prevention and control, and 
developing a biosecurity program that helps prevent the introduction 
and transportation of invasive species;
    (7) Implementing habitat and dune restoration activities;
    (8) Continuing to restrict beach and dune access to maintain native 
vegetation;
    (9) Continuing to distribute natural resources information to Navy 
personnel and civilians, including information on natural resource 
policies and regulations; and
    (10) Ensuring that construction and maintenance projects are 
reviewed by an environmental coordinator to ensure contractors are 
aware of guidelines to avoid impacting sensitive vegetation.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Pacific Missile Range Facility INRMP and that 
conservation efforts identified in the INRMP will provide a benefit to 
the green turtle. Therefore, lands within this installation are exempt 
from critical habitat designation under section 4(a)(3) of the Act. We 
are not including 298 ac (121 ha) of habitat in this proposed critical 
habitat designation because of this exemption.
Bellows Air Force Station, Island of O[revaps]ahu, HI; Central North 
Pacific DPS; 5 ac (2 ha)
    Bellows Air Force Station is located on the windward side of the 
Ko'olau Mountain Range approximately 25 mi (40 km) east of Honolulu, 
bordered by the Marine Corps Training Area Bellow to the west and 
south, and the Pacific Ocean (Waim[amacr]nalo Bay) to the east. The 
installation encompasses approximately 422 ac (171 ha) of DoD-managed 
lands to include wetlands, forested land, beach areas, as well as 
recreational facilities, inactive runways, taxiways, aircraft parking 
areas, and roads. Its main use/mission is to provide training, 
recreation, and leisure programs for Air Force, DoD Service components, 
families, and civilian personnel (BAFS 2018, pp. 18-20).
    We identified 5 ac (2 ha) of DoD lands within this area that harbor 
important basking and nesting habitat consisting of beach, dune, and 
coastal vegetation. These lands are considered occupied by the species 
and provide a natural beach and dune complex important for green turtle 
nesting activity.
    The Air Force's INRMP (BAFS 2018, entire) is an installation-
specific Environmental Management Plan that guides the management and 
conservation of natural resources under the installation's control. The 
INRMP outlines management practices and work projects that are 
necessary to protect the environment and preserve the Bellows Air Force 
Station's dual mission of training and recreation and aligns with 
Pacific Air Force's mission to address emerging adversarial threats and 
strategic survivability goals. It also incorporates the 18th Wing 
mission with natural resources management and stewardship to be 
implemented at Detachment 2, 18th Force Support Squadron (Det 2, 18 
FSS) located at Bellows Air Force Station.
    Section 7.4 of the INRMP describes management of threatened and 
endangered species on the installation, including green turtles and 
their habitat (BAFS 2018, pp. 91-112). General management measures 
benefit green turtles (e.g., predator control, cooperating with 
associated recovery activities, implementing beach shoreline 
protections) in addition to implementation of the following best 
management practices set forth by the Pacific Islands Fish and Wildlife 
Office:
    (1) Implementing training on sea turtle protection procedures for 
relevant staff, volunteers, and contractors;
    (2) Providing guests with turtle conservation information;
    (3) Continuing not to use recreational equipment (e.g., chairs, 
umbrellas);
    (4) Removing marine debris that washes ashore;
    (5) Implementing pet restrictions;
    (6) Encouraging native plant growth on beaches and sand dunes to 
reduce erosion by stabilizing the beach;
    (7) Removing or avoiding use of nonnative plant species that would 
inhibit and entangle turtle hatchlings;
    (8) During nesting and hatchling emergence periods, preventing 
driving of any vehicles on the oceanward side of active nests, raking 
out tire ruts, and restricting driving on beaches to only Bellows Air 
Force Station staff when necessary;
    (9) If nest excavations must occur, contacting the Pacific Islands 
Fish and Wildlife Office no later than 7 days prior to incubation day 
65 to coordinate nest excavations;
    (10) Providing informational signs and installing nest protection 
areas/signs to prevent nest disturbances and protect basking hotspots; 
and
    (11) Encouraging fisherman to use barbless hooks and to disentangle 
turtles.
    Additionally, the Station conducts incidental monitoring of basking 
sea turtles (BAFS 2018, p. 113). The Air Force provides training and 
field forms to staff/volunteers to identify and record incidental 
encounters with sea turtles and install informational/educational signs 
in high public use areas where green turtles regularly bask.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Bellows Air Force Station INRMP and that 
conservation efforts identified in the INRMP will provide a benefit to 
the green turtle. Therefore, lands within this installation are exempt 
from critical habitat designation under section 4(a)(3) of the Act. We 
are not including 5 ac (2 ha) of habitat in this proposed critical 
habitat designation because of this exemption.
Joint Base Pearl Harbor-Hickam, Island of O[revaps]ahu, HI; Central 
North Pacific DPS; 10 ac (4 ha)
    Naval Station Pearl Harbor and Hickam Air Force Base combined to 
form the Joint Base Pearl Harbor-Hickam; the Navy acts as ``Component 
Lead'' for the installation (Navy 2011, p. 2-1). The total area that 
the Navy oversees for this installation includes 24,895 ac (10,075 ha) 
of land and approximately 68,081 ac (27,552 ha) of water (Navy 2011, p. 
2-1).

[[Page 46442]]

    Natural resources management for multiple Air Force properties in 
Hawai[revaps]i that are now under Navy jurisdiction are addressed 
jointly in the Joint Base Pearl Harbor-Hickam INRMP (see chapter 7; 
Navy 2011, p. ES-1).
    The primary goal of the INRMP is to support and sustain the 
military mission of Joint Base Pearl Harbor-Hickam while managing, 
protecting, and enhancing biological diversity and ecosystem integrity 
of military lands and waters, including the associated threatened and 
endangered species and their habitats (Navy 2011, p. 1-11). 
Additionally, it is also a goal of the INRMP to provide multiple-use 
programs for the management, conservation, and protection of renewable 
natural resources including wildlife, soil, water, and natural areas in 
conformance with applicable Federal and State of Hawai[revaps]i natural 
resource laws, regulations, and policies (Navy 2011, p. 1-11). These 
goals are further amplified by implementation of adaptive management 
strategies and ecosystem management considerations (Navy 2011, p. 1-
14).
    We identified a total of 10 ac (4 ha) of DoD lands at White Plains 
Beach and Nimitz Beach (natural beach area) and at Iroquois Point 
(renourished/manmade beach area) that harbor important basking and 
nesting habitat consisting of beach and coastal vegetation. These lands 
are considered occupied by the species and provide both natural 
renourished beach important for green turtle basking and nesting 
activity.
    The 2011 INRMP includes natural resources program management for 
threatened and endangered species and conservation actions for the 
green turtle and its habitat. Management that benefits green turtles 
and their habitat includes:
    (1) Providing staff-focused annual natural resource training;
    (2) Reducing marine debris that washes ashore;
    (3) Providing awareness of the Act, protected species, and natural 
resources stewardship;
    (4) Maintaining/updating SOPs for protection of Act-protected 
species; and
    (5) Conducting predator control at Nimitz and White Plains beaches.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Navy's Joint Base Pearl Harbor-Hickam INRMP and that 
conservation efforts identified in the INRMP will provide a benefit to 
the green turtle. Therefore, lands within this installation are exempt 
from critical habitat designation under section 4(a)(3) of the Act. We 
are not including 10 ac (4 ha) of habitat in this proposed critical 
habitat designation because of this exemption.
Marine Corps Base Hawai[revaps]i at K[amacr]ne[revaps]ohe Bay, Island 
of O[revaps]ahu, HI; Central North Pacific DPS; 44 ac (18 ha)
    The Marine Corps Base Hawai[revaps]i encompasses approximately 
4,500 ac (1,821 ha) of DoD lands across eight properties on 
O[revaps]ahu, including Marine Corps Base Hawai[revaps]i at 
K[amacr]ne[revaps]ohe Bay, Marine Corps Training Area Bellows, Waikane 
Valley Impact Area, Marine Corps Base Hawai[revaps]i at Camp H.M. 
Smith, Pu[revaps]uloa Range Training Facility, Manana Housing Area, 
Pearl City Annex, and Moloka[revaps]i Training Support Facility (Marine 
Corps 2017, Section 4.3, pp. 4-1 through 4-7). The Marine Corp's 
mission at Marine Corps Base Hawai[revaps]i includes maintaining 
facilities and providing programs and service in support of units, 
individuals, and families in order to enhance and sustain combat 
readiness for all operating forces and tenant organizations (Marine 
Corps 2017, p. 4-1). Tenant commands supported include the 3rd Marine 
Regiment (Reinforced), Marine Aircraft Group-24, and Combat 19 
Logistics Battalion-3.
    The Marine Corps Base Hawai[revaps]i at K[amacr]ne[revaps]ohe Bay 
is located on M[omacr]kapu Peninsula (windward O[revaps]ahu) covering 
approximately 2,951 ac (1,194 ha) of land, as well as a 0.3-mi (.5-km) 
Naval Defensive Sea Area (i.e., security buffer zone) extending seaward 
from the shorelines. The base comprises training areas, active-duty 
housing, residential housing, administrative and operational buildings, 
wetlands, wildlife management areas, and personnel support facilities 
(Marine Corps 2017, p. 4-4). We identified 44 ac (18 ha) of DoD lands 
within this area that are occupied by green turtles and harbor 
important green turtle basking and nesting habitat consisting of beach, 
dune, and coastal vegetation.
    The 2017 Marine Corps Base Hawai[revaps]i INRMP guides the 
management and conservation of natural resources under the Marine 
Corps' control, guiding the management of natural resources, including 
green turtles and their habitat (Marine Corps 2017, appendix C). The 
base engages in a variety of conservation measures for green turtles 
(Marine Corps 2017, pp. C2-10 through C2-12), which also benefit other 
sea turtles that are known to occur on the base, including:
    (1) Implementing management actions to minimize erosion and 
pollution runoff;
    (2) Conducting invasive species removal;
    (3) Conducting predator control;
    (4) Monitoring for sea turtle occurrences and nesting, including 
monitoring of discovered nest sites;
    (5) Monitoring sea turtle basking activities;
    (6) Working with facility engineers to minimize lighting near 
shorelines, including any new lighting installations to use 
International Dark-Sky compliant fixtures;
    (7) Protecting native beach strand vegetation to reduce erosion and 
stabilize the land;
    (8) Protecting nesting and basking turtles by erecting barriers and 
monitoring the turtle activity;
    (9) Ensuring that any pets are allowed only on authorized beaches 
and only if leashed;
    (10) Implementing sea turtle nesting protection measures (e.g., 
installing signs at sea turtle nesting sites and limiting the presence 
of people within 100 ft (30 m) of the nesting site, making the beach 
off limits to dogs until hatchlings depart, preventing driving on the 
oceanward side of active nests, raking tire ruts);
    (11) Conducting nest excavations if necessary, including 
coordinating with the Pacific Islands Fish and Wildlife Office;
    (12) Removing marine debris that washes ashore;
    (13) Enforcing a 500-yd (457-m) seaward buffer zone to control all 
access and resources including fishing, surfing, and other near-shore 
activities;
    (14) Implementing protocols for military maneuvers and large-scale 
recreational events; and
    (15) Conducting educational outreach regarding sea turtle 
information.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Marine Corps' INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to the green turtle. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including 44 ac (18 ha) of habitat in this proposed critical habitat 
designation because of this exemption.
Marine Corps Training Area Bellows, Island of O[revaps]ahu, HI; Central 
North Pacific DPS; 18 ac (7 ha)
    Marine Corps Training Area Bellows is one of eight facilities that 
comprise Marine Corps Base Hawai[revaps]i (see above). Marine Corps 
Training Area Bellows encompasses approximately 1,074 ac (435 ha) of 
the military-controlled lands at Bellows on the windward coast of

[[Page 46443]]

O[revaps]ahu, approximately 12 mi (19 km) south of Marine Corps Base 
Hawai[revaps]i at K[amacr]ne[revaps]ohe Bay (see above) (Marine Corps 
2017, p. 4-5). This facility is a non-live-fire training range that 
supports ground maneuver operations, including a 0.5-mi (0.8-km) beach 
front area that supports ship-to-shore operations involving Landing 
Craft Air Cushioned and amphibious assault vehicle landings (Marine 
Corps 2017, p. 4-5). The beach and shoreline area are used for the 
military during the week and are open to public recreational activities 
on weekends and holidays. See above description of the military mission 
for this training area under the section for Marine Corps Base 
Hawai[revaps]i K[amacr]ne[revaps]ohe Bay. We identified 18 ac (7 ha) of 
DoD lands within this area that are occupied by green turtles and 
harbor important green turtle basking and nesting habitat consisting of 
beach, dune, and coastal vegetation.
    The Marine Corps Training Area Bellows natural resources management 
is incorporated into the Marine Corps Base Hawai[revaps]i INRMP (Marine 
Corps 2017, entire). Therefore, the conservation measures that benefit 
green turtles and their habitat are as described above under the 
approved INRMP section for Marine Corps Base Hawai[revaps]i at 
K[amacr]ne[revaps]ohe Bay (Marine Corps 2017, pp. C2-10 through C2-12).
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Marine Corps' INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to the green turtle. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including 18 ac (7 ha) of habitat in this proposed critical habitat 
designation because of this exemption.
Marine Corps Pu[revaps]uloa Training Facility, Island of O[revaps]ahu, 
HI; Central North Pacific DPS; 3.5 ac (1 ha)
    Marine Corps Pu[revaps]uloa Training Facility is one of eight 
facilities that comprise Marine Corps Base Hawai[revaps]i (see above). 
The Pu[revaps]uloa Range Training Facility encompasses 162 ac (66 ha) 
on the coast of O[revaps]ahu near Pearl Harbor's Iroquois Point in 
leeward O[revaps]ahu (Marine Corps 2017, p. 4-7). This is an active 
training facility used for small arms qualification and practice, to 
include six live-fire ranges.
    We identified 3.5 ac (1 ha) of DoD lands within this area that are 
occupied by green turtles and harbor important green turtle basking and 
nesting habitat consisting of beach and coastal vegetation. The Marine 
Corps Pu[revaps]uloa Training Facility's natural resources management 
is incorporated into the Marine Corps Base Hawai[revaps]i 
K[amacr]ne[revaps]ohe INRMP (Marine Corps 2017, entire). Therefore, the 
conservation measures that benefit green turtles and their habitat are 
as described above under the approved INRMP section for Marine Corps 
Base Hawai[revaps]i at K[amacr]ne[revaps]ohe Bay (Marine Corps 2017, 
pp. C2-10 through C2-12).
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Marine Corps' INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to the green turtle. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including 3.5 ac (1 ha) of habitat in this proposed critical habitat 
designation because of this exemption.
Dillingham Military Reservation, Island of O[revaps]ahu, HI; Central 
North Pacific DPS; 14.5 ac (6 ha)
    The U.S. Army Garrison Hawai[revaps]i encompasses approximately 
47,869 ac (19,372 ha) of DoD lands across seven properties on 
O[revaps]ahu including Schofield Barracks Military Reservation, 
Schofield Barracks East Range, Kawailoa Training Area, Kahuku Training 
Area, Dillingham Military Reservation, Makua Military Reservation, and 
Tripler Army Medical Center (U.S. Army Garrison 2010, section ES, pp. 
1-9). The strategy of the INRMP is to protect the Army's mission and 
access to air, land, and water resources while supporting non-military 
activities and maintaining functional, healthy ecosystems for present 
and future generations (U.S. Army Garrison 2010, Section 1, pp. 4-5).
    The U.S. Army Garrison Hawai[revaps]i at Dillingham Military 
Reservation located near Kaena Point along the north shore of Oahu 
covers approximately 664 ac (269 ha) of land. The reservation comprises 
training areas, a private-use/owned cantonment (developed) area, a 
joint use civilian/military airfield, and three airborne drop zones 
(U.S. Army Garrison 2010, p. ES-7).
    We identified 14.5 ac (6 ha) of DoD lands within Dillingham 
Military Reservation that harbor important basking and nesting habitat 
consisting of beach, dune, and coastal vegetation. These lands are 
considered occupied by the species and provide a natural beach and dune 
complex important for green turtle basking and nesting activity.
    The O'ahu Army 2010-2014 INRMP (U.S. Army Garrison 2010, entire), 
although out-of-date, is operational and will be updated as soon as 
feasible. In the interim, the Army has developed an Addendum to the 
INRMP that includes natural resources program management for threatened 
and endangered species and conservation actions for the green turtle 
and its habitat (U.S. Army Environmental Command 2022, pp. 12-13). 
Management that benefits green turtles and their habitat includes (but 
is not limited to):
    (1) Installing exclusion fencing around sea turtle nests;
    (2) Installing and maintaining barricades to prevent off-road 
driving on beaches;
    (3) Installing educational signage on beaches;
    (4) Restricting recreational access;
    (5) Planning for catastrophic events;
    (6) Conducting biannual beach clean-ups of terrestrial debris and 
marine debris that washes ashore.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Army's INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to the green turtle. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including 14.5 ac (6 ha) of habitat in this proposed critical habitat 
designation because of this exemption.
M[amacr]kua Military Reservation, Island of O[revaps]ahu, HI; Central 
North Pacific DPS; 5 ac (2 ha)
    Army Garrison M[amacr]kua Military Reservation is one of seven 
facilities that comprise the Army Garrison Hawai[revaps]i (see above 
under Dillingham Military Reservation regarding military activities and 
applicable INRMP). The M[amacr]kua Military Reservation encompasses 
4,190 ac (1,696 ha) on the coast of O[revaps]ahu near Kaena Point in 
leeward O[revaps]ahu (U.S. Army Garrison 2010, p. ES-8). This is an 
active training facility used for both maneuver and live-fire training.
    We identified 5 ac (2 ha) of DoD lands within M[amacr]kua Military 
Reservation that harbor important basking and nesting habitat 
consisting of beach, dune, and coastal vegetation. These lands are 
considered occupied by the species and provide a natural beach and dune 
complex important for green turtle basking and nesting activity.
    The 2022 Addendum to the 2010-2014 INRMP (see above under 
Dillingham Military Reservation)

[[Page 46444]]

includes natural resources program management for threatened and 
endangered species and conservation actions for the green turtle and 
its habitat at Army Garrison M[amacr]kua Military Reservation. The 
conservation measures that benefit green turtles and their habitat are 
as described above under the approved INRMP section for Dillingham 
Military Reservation (U.S. Army Environmental Command 2022, pp. 12-13).
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Army's INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to the green turtle. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including 5 ac (2 ha) of habitat in this proposed critical habitat 
designation because of this exemption.
Naval Base Guam Main Base, Asan, Guam; Central West Pacific DPS; 7 ac 
(3 ha)
    The Naval Base Guam Main Base is one of 13 Department of Navy 
holdings on Guam and Department-leased lands on Tinian and Farallon de 
Medinilla that are part of Joint Region Marianas (under Commander, Navy 
Installations Command) (Navy 2019, Table 1-1 and Figure 1-2). The 
mission of the Joint Region Marianas is providing executive-level 
installation management support to all 13 DoD components and tenants 
through assigned regional installations on Guam and the commonwealth of 
the Northern Mariana Islands in support of training in the Marianas; 
acting as the interface between the Department of the Navy and the 
civilian community; ensuring compliance with all environmental laws and 
regulations, safety procedures, and equal opportunity policy; and 
performing other functions and tasks as may be assigned (Navy 2019, p. 
2-1).
    Naval Base Guam Main Base is 3,455 ac (1,398 ha) and is located 
around Apra Harbor and on the Orote Peninsula along the central west 
side of Guam and consists of several locations that are controlled by 
the Navy. The Naval Base Guam Main Base supports Commander Naval Forces 
Marianas, Submarine Squadron 15, Coast Guard Sector Guam, Naval Special 
Warfare Unit One, and 28 other tenant commands, and is the home base of 
three Los Angeles class submarines and dozens of units operating in 
support of U.S. Indo-Pacific Command, U.S. Pacific Fleet, Seventh 
Fleet, and Fifth Fleet (Navy 2019, p. 2-7). The primary function of the 
Base is to support fleet units and operational forces of the 5th and 
7th Fleets, and it serves as a forward deployment base and logistics 
hub that includes a distribution center for material, personnel, and 
munitions that support sea, land, and air forces operating in Asia and 
the Western Pacific (Navy 2019, p. 4-77). We identified 7 ac (3 ha) of 
Navy lands within this area that are occupied by green turtles and 
harbor important green turtle nesting habitat consisting of beach, 
dune, and coastal vegetation.
    The 2019 Joint Region Marianas INRMP guides the management and 
conservation of natural resources, including green turtles and their 
habitat (Navy 2019, entire). Additionally, approximately 506 ac (205 
ha) of Guam NWR lands overlay Navy lands on the Base, providing 
important habitat for federally listed species (Navy 2019, table 1-1). 
The Naval Base Guam Main Base engages in a variety of general 
conservation measures to benefit green turtles (e.g., terrestrial 
habitat management, terrestrial invasive species management, a regional 
biosecurity plan to reduce the risk of spreading nonnative species) and 
species-specific conservation measures for green turtles (Navy 2019, 
pp. 5-82 through 5-89), including:
    (1) Conducting monitoring activities to inform adaptive management 
actions and avoid sensitive areas during construction, operations, and 
training;
    (2) Monitoring and protecting green turtles to maintain habitat and 
improve nesting success;
    (3) Annually locating, protecting, and evaluating all turtle nest 
sites to determine nest success, emergence success, and depredation;
    (4) Removing nonnative, invasive vegetation at Spanish Steps Beach 
to increase the likelihood of successful hatching and promote 
successful hatchlings traversing to the ocean, and to promote natural 
regeneration of native strand vegetation;
    (5) Controlling monitor lizards at nesting beaches and covering 
nests with wire mesh to increase hatchling success;
    (6) Protecting nesting female turtles and nests by limiting vehicle 
access to nesting beaches through placement of barriers on the beach 
access sites to Dadi Beach; and
    (7) Participating in turtle conservation meetings and sharing 
turtle information with partners.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Navy's INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to the green turtle. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including 7 ac (3 ha) of habitat in this proposed critical habitat 
designation because of this exemption.
Andersen Air Force Base, Yigo, Guam; Central West Pacific DPS; 32 ac 
(13 ha)
    Andersen Air Force Base is one of 13 Department of Navy holdings on 
Guam and Department-leased lands on Tinian and Farallon de Medinilla 
that are part of Joint Region Marianas (under Commander, Navy 
Installations Command) (see Naval Base Guam Main Base, above). Andersen 
Air Force Base encompasses 15,400 ac (6,272 ha) of terrestrial lands 
(plus additional submerged areas) on the north end of Guam, 
approximately 15 mi (24 km) from the capital, Agana. The Base serves as 
a stopping point for numerous aircraft en route to Japan, Korea, and 
other Asian locations, providing operational and mission activities 
supported by runways and aircraft operations (Navy 2019, p. 2-8). It is 
host unit to the 26th Wing and also home to the 36th Mobility Response 
Squadron, Helicopter Sea Combat Squadron 25, the 69th Reconnaissance 
Group-Detachment 1, 644th Combat Communications Squadron, the 94th Army 
Air and Missile Defense Command, the 734th Air Mobility Squadron, and 
the 22nd Space Operations Squadron-Detachment 5. Approximately 10,158 
ac (4,111 ha) of Guam NWR lands overlay Air Force lands on the Base, 
providing important habitat for federally listed species (Navy 2019, 
table 1-1).
    We identified 32 ac (13 ha) of DoD lands on Andersen Air Force Base 
that are occupied by green turtles and harbor important green turtle 
nesting habitat consisting of beach, dune, and coastal vegetation. 
Natural resources management for sea turtles and their habitat is 
incorporated into the Joint Region Marianas INRMP (Navy 2019, entire). 
The Base engages in a variety of general conservation measures to 
benefit green turtles (e.g., terrestrial habitat management, 
terrestrial invasive species management, a regional biosecurity plan to 
reduce the risk of spreading nonnative species) and species-specific 
conservation measures for green turtles (Navy 2019, pp. 9-67, 9-68, 9-
72 through 9-75), including:
    (1) Conducting surveys to monitor long-term trends of spatial and 
temporal distribution of sea turtle nesting activity;

[[Page 46445]]

    (2) Protecting nests from ungulates and monitor lizard predation 
through screening and monitoring;
    (3) Implementing shoreline vegetation management to increase the 
likelihood of successful hatching of sea turtles and hatchling turtles 
successfully traversing the strand vegetation and beach access to the 
ocean;
    (4) Removing nonnative, invasive vegetation to enhance natural 
regeneration of native strand vegetation; and
    (5) Conducting an outreach and education program that includes two 
annual beach cleanups along Tarague Beach, public presentations to 
schools and incoming families, and information to recreational beach 
visitors through signage and outreach materials.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Joint Region Marianas INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to the green 
turtle. Therefore, lands within this installation are exempt from 
critical habitat designation under section 4(a)(3) of the Act. We are 
not including 32 ac (13 ha) of habitat in this proposed critical 
habitat designation because of this exemption.
Naval Base Guam Telecommunication Site, Santa Rita, Guam; Central West 
Pacific DPS; 1 ac (0.5 ha)
    Naval Base Guam Telecommunication Site is one of 13 Department of 
Navy holdings on Guam and Department-leased lands on Tinian and 
Farallon de Medinilla that are part of Joint Region Marianas (under 
Commander, Navy Installations Command) (see Naval Base Guam Main Base, 
above). Naval Base Guam Telecommunication Site encompasses 2,412 ac 
(976 ha) of terrestrial lands (plus additional submerged areas) located 
on the northwestern coast of the island. The Site provides 
multispectral connectivity, NetOps, and information assurance to the 
Navy, Joint, and Coalition forces on Guam, and in the Western Pacific 
and Indian Oceans, and its mission is to provide continuous global and 
universal communications services to fleet units, shore activities, and 
joint forces (Navy 2019, p. 8-1). Approximately 2,097 ac (848 ha) of 
Guam NWR lands overlay Air Force lands on the Base (of which 252 ac 
(101 ha) are the Haputo Ecological Reserve Area) (Navy 2019, p. 8-1, 
table 1-1).
    We identified 1 ac (0.5 ha) of DoD land on the Naval Base Guam 
Telecommunication Site that is occupied by green turtles and harbors 
important green turtle nesting habitat consisting of beach, dune, and 
coastal vegetation. Natural resources management for sea turtles and 
their habitat is incorporated into the Joint Region Marianas INRMP 
(Navy 2019, entire). The Site engages in a variety of general 
conservation measures to benefit green turtles (e.g., terrestrial 
habitat management, terrestrial invasive species management, a regional 
biosecurity plan to reduce the risk of spreading nonnative species) and 
species-specific conservation measures for green turtles (Navy 2019, 
pp. 8-47, 8-48, 8-52 through 8-56), including:
    (1) Conducting regular sea turtle nest monitoring that assists with 
overall population monitoring in Guam;
    (2) Implementing predator control measures to protect species and 
coordinate efforts with appropriate agencies; and
    (3) Implementing a Natural Resources Stewardship Outreach and 
Public Engagement Program, which includes terrestrial and marine 
natural resources educational outreach projects, to ensure education 
regarding regulations, policies, and information about natural 
resources, including green turtles.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Joint Region Marianas INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to the green 
turtle. Therefore, land within this installation is exempt from 
critical habitat designation under section 4(a)(3) of the Act. We are 
not including 1 ac (0.5 ha) of habitat in this proposed critical 
habitat designation because of this exemption.
Tinian Military Lease Area, Commonwealth of the Northern Mariana 
Islands; Central West Pacific DPS; 9.5 ac (4 ha)
    The Tinian Military Lease Area is one of 13 Department of Navy 
holdings on Guam and Department-leased lands on Tinian and Farallon de 
Medinilla that are part of Joint Region Marianas (under Commander, Navy 
Installations Command) (see Naval Base Guam Main Base, above). The 
Tinian Military Lease Area encompasses 15,347 ac (6,211 ha) of 
terrestrial lands (plus additional submerged areas) located north of 
the Tinian International Airport (West Field). The Area is managed by 
the Navy, although there are no permanent military facilities in the 
military lease area other than World War II-era structures. Medium- and 
small-scale training activities occur annually while large-scale 
training activities occur infrequently, including combat search and 
rescue, amphibious assault, amphibious raid, personnel insertion and 
extraction, airfield seizure, and humanitarian assistance/disaster 
relief operations (Navy 2019, p. 11-3). The area is open to public 
access and recreational use (e.g., fishing, swimming, camping) except 
when military training activities may require closures of some or all 
of the area (Navy 2019, p. 11-1).
    We identified 9.5 ac (4 ha) of DoD land on the Tinian Military 
Lease Area that is occupied by green turtles and harbors important 
green turtle nesting habitat consisting of beach, dune, and coastal 
vegetation. Natural resources management for sea turtles and their 
habitat is incorporated into the Joint Region Marianas INRMP (Navy 
2019, entire). The Area engages in a variety of general conservation 
measures to benefit green turtles (e.g., terrestrial habitat 
management, terrestrial invasive species management, a regional 
biosecurity plan to reduce the risk of spreading nonnative species) and 
species-specific conservation measures for green turtles (Navy 2019, 
pp. 8-47, 8-48, 8-52 through 8-54), including:
    (1) Monitoring sea turtle nesting at the 18 beaches on Joint Region 
Marianas leased lands (Unai Chulu, Unai Lam Lam, Unai Babui, Unai 
Chiget and Unai Masalok, and the 13 separate pocket beaches within Unai 
Dankulo), and collecting data on sea turtle nesting activity, evidence 
of poaching, nest depredation, and hatching and emergence success. 
(Genetic sampling will also be conducted to determine population 
origins);
    (2) Protecting nesting female turtles and nests by limiting vehicle 
access to nesting beaches through placement of concrete barriers at 
beach access sites to Unai Dankulo, Unai Chulu, Unai Masalok, Unai 
Babui, and Unai Chiget;
    (3) Coordinating with local officials on placement of barriers to 
ensure access to public parking and placing educational signs at beach 
entrances or parking areas; and
    (4) Removing marine debris that washes ashore from all sea turtle 
nesting beaches, with increased frequency as needed where debris 
accumulates more after storms.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Joint Region Marianas INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to the green 
turtle. Therefore, lands within this installation are exempt from 
critical habitat designation under

[[Page 46446]]

section 4(a)(3) of the Act. We are not including 9.5 ac (4 ha) of 
habitat in this proposed critical habitat designation because of this 
exemption.
Tyndall Air Force Base, Bay County, FL; North Atlantic DPS; 1,244 ac 
(503 ha)
    Tyndall Air Force Base is located on 30,000 ac (12,141 ha) in 
southeastern Bay County, approximately 13 mi (20 km) east of Panama 
City, Florida. The installation includes forested areas and beaches 
that provide a sea-to-land transition area that is vital for military 
operations including ground-training and airspace activities that are 
also shared with other Air Force bases and DoD branches. Tyndall's 
missions include the 325th Fighter Wing, 325th Operations Group, 325th 
Maintenance Group, 325th Mission Support Group, and other Major 
Associate Tenants to include the 53rd Weapons Evaluation Group, Air 
Force Civil Engineer Center, Airbase Technologies Division, and 
Detachment 1, 823rd Rapid Engineer Deployable Heavy Operational Repair 
Squadron Engineers.
    Tyndall Air Force Base is a base combined of developed and natural 
areas located on a peninsula that is bisected by U.S. Highway 98. The 
base is approximately 18 mi (29 km) long and 3 mi (4.8 km) wide, and is 
surrounded by East Bay, St. Andrew Bay, and the Gulf of Mexico to the 
north, west, and south, respectively. We identified 1,244 ac (503 ha) 
of DoD lands within this area that harbor important nesting habitat 
consisting of beach, dune, and coastal vegetation. These lands are 
considered occupied by the species and are known to support high-
density nesting within the State of Florida's Northwest management 
unit, thus providing a natural beach and dune complex important for 
green turtle nesting activity.
    The 2020 Tyndall Air Force Base INRMP guides the management and 
conservation of natural resources under the installation's control. It 
provides interdisciplinary strategic guidance for the management of 
natural resources in support of the military mission within the land 
and water ranges of the Installation. The Tyndall Air Force Base INRMP 
integrates and prioritizes wildlife, wildland fire, forest management, 
and coastal zone and marine resources management activities to protect 
and effectively manage the Air Force Base's aquatic and terrestrial 
environments and ensure ``no net loss'' in the operational capability 
of these resources to support the Air Force's training missions.
    The 2020 INRMP has a chapter for natural resources program 
management, including a specific section (Section 15, Tab 3--Threatened 
and Endangered Species Component Plan) that details management for 
threatened and endangered species and conservation actions for the 
green turtle and its habitat. For sea turtles in general, the INRMP 
focuses on providing protection measures for the species and its 
habitat as well as monitoring sea turtle nesting activity and 
protection measures (Tyndall AFB 2020, Section 15 Tab 3, pp. 17-23). 
The Threatened and Endangered Species Component Plan portion of the 
INRMP identifies the following management and protective measures to 
achieve conservation goals for green turtles:
    (1) Conducting sea turtle monitoring to collect annual nesting 
activity;
    (2) Locating and protecting sea turtle nests for military mission 
avoidance purposes;
    (3) Conducting nest relocations when nests are laid at or below the 
high tide line;
    (4) Implementing predator control;
    (5) Identifying and determining resolution of beach lighting 
issues;
    (6) Enforcing beach driving restrictions; and
    (7) Restoring and protecting nesting habitat.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Tyndall Air Force Base INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to the green 
turtle. Therefore, lands within this installation are exempt from 
critical habitat designation under section 4(a)(3) of the Act. We are 
not including 1,244 ac (503 ha) of habitat in this proposed critical 
habitat designation because of this exemption.
Eglin Air Force Base, Gulf County, FL; North Atlantic DPS; 1,621 ac 
(656 ha)
    Eglin Air Force Base, also known as the Eglin Military Complex, is 
located in Santa Rosa, Okaloosa, Walton, and Gulf Counties in Northwest 
Florida and the Gulf, and occupies 464,000 ac (187,774 ha). The Eglin 
Military Complex includes the mainland Reservation located in Santa 
Rosa (Santa Rosa Island Range Complex), Okaloosa, and Walton Counties, 
as well as a small parcel (962 ac (389 ha)) on Cape San Blas in Gulf 
County, Florida, the latter of which is approximately 3 mi (5 km) of 
spit shoreline along the Gulf of Mexico that is separated from the 
mainland by St. Joseph Bay.
    Eglin Air Force Base is the largest forested military reservation 
in the United States. It supports a multitude of military testing and 
training operations, as well as many diverse species and habitats. 
Eglin's missions include the 7th Special Forces Group (Airborne), 
Amphibious Ready Group/Marine Expeditionary Unit, Stand-off Precision 
Guided Missile, and Massive Ordnance Air Blast.
    The portion of Eglin Air Force Base where we have identified 
important nesting habitat for green turtle is on the Santa Rosa Island 
Range Complex. We identified 1,621 ac (656 ha) of lands within this 
area that harbor important nesting habitat consisting of beach, dune, 
and coastal vegetation. These lands are considered occupied by the 
species and are known to support high-density nesting within the State 
of Florida's Northwest management unit for green turtles, thus 
providing a natural beach and dune complex important for green turtle 
nesting habitat.
    The 2017-22 Eglin Air Force Base INRMP guides the management and 
conservation of natural resources under the installation's control. It 
provides interdisciplinary strategic guidance for the management of 
natural resources in support of the military mission within the land 
and water ranges of the Eglin Military Complex. The Eglin Air Force 
Base INRMP integrates and prioritizes wildlife, fire, and forest 
management activities to protect and effectively manage the Complex's 
aquatic and terrestrial environments and ensure ``no net loss'' in the 
operational capability of these resources to support Eglin test and 
training missions.
    The 2017-22 INRMP and the more detailed Threatened and Endangered 
Species Component Plan Update (DoD 2017, appendix E) explains natural 
resources program management, including a specific section that details 
management for threatened and endangered species, including 
conservation actions for the green turtle and its habitat. The INRMP 
identifies the need to develop and implement programs to protect and 
conserve federally listed endangered and threatened plants and wildlife 
and candidate species, including the green turtle. The following 
management and protective measures to achieve conservation goals for 
green turtles include:
    (1) Annually locating, protecting, and evaluating all sea turtle 
nests on Air Force property at Cape San Blas and Santa Rosa Island 
Range Complex;
    (2) Annually relocating all sea turtle nests within A-15 training 
area to allow for unrestricted diurnal military training;

[[Page 46447]]

    (3) Responding to, and investigating, all sea turtle stranding 
reports on Air Force property;
    (4) Annually surveying and maintaining public access control 
measures on Cape San Blas to protect threatened and endangered species 
habitat and ensuring the long-term sustainability of the Base's barrier 
island ecosystem for mission use;
    (5) Maintaining informational signs at beach access points 
concerning the protection of sea turtles, shorebirds, beach mice and 
other unique barrier island natural resources;
    (6) Exploring options for cost-share partnerships with the adjacent 
City of Destin and/or Okaloosa County to improve stewardship (including 
cleanup of recreation access points) of Santa Rosa Island;
    (7) Managing lighting on all barrier island property to ensure 
there is no source of disorientation on Air Force managed land, 
including to keep all light fixtures turtle-friendly, shield all lights 
such that they are not visible from the beach, and to turn off all 
unnecessary lights; and
    (8) Reducing the Base's overall contribution to urban glow by 
eliminating unnecessary lights, reducing the wattage of lights, and 
replacing fixtures with dimmer, more turtle-friendly lights.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Eglin Air Force Base INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to the green 
turtle. Therefore, lands within this installation are exempt from 
critical habitat designation under section 4(a)(3) of the Act. We are 
not including approximately 1,621 ac (656 ha) of habitat in this 
proposed critical habitat designation because of this exemption.

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act 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. The 
Secretary may exclude an area from designated critical habitat based on 
economic impacts, impacts on national security, or any other relevant 
impacts. Exclusion decisions are governed by the regulations at 50 CFR 
424.19 and the Policy Regarding Implementation of Section 4(b)(2) of 
the Endangered Species Act (hereafter, the ``2016 Policy''; 81 FR 7226, 
February 11, 2016), both of which were developed jointly with the NMFS. 
We also refer to a 2008 Department of the Interior Solicitor's opinion 
entitled ``The Secretary's Authority to Exclude Areas from a Critical 
Habitat Designation under Section 4(b)(2) of the Endangered Species 
Act'' (M-37016).
    In considering whether to exclude a particular area from the 
designation, we identify the benefits of including the area in the 
designation, identify the benefits of excluding the area from the 
designation, and evaluate whether the benefits of exclusion outweigh 
the benefits of inclusion. If the analysis indicates that the benefits 
of exclusion outweigh the benefits of inclusion, the Secretary may 
exercise discretion to exclude the area only if such exclusion would 
not result in the extinction of the species. In making the 
determination to exclude a particular area, the statute on its face, as 
well as the legislative history, are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor. In our final rules, we explain any decision to exclude 
areas, as well as decisions not to exclude, to make clear the rational 
basis for our decision. We describe below the process that we use for 
taking into consideration each category of impacts and any initial 
analyses of the relevant impacts.

Consideration of Economic Impacts

    Section 4(b)(2) of the Act and its implementing regulations require 
that we consider the economic impact that may result from a designation 
of critical habitat. To assess the probable economic impacts of a 
designation, we must first evaluate specific land uses or activities 
and projects that may occur in the area of the critical habitat. We 
then must evaluate the impacts that a specific critical habitat 
designation may have on restricting or modifying specific land uses or 
activities for the benefit of the species and its habitat within the 
areas proposed. We then identify which conservation efforts may be the 
result of the species being listed under the Act versus those 
attributed solely to the designation of critical habitat for this 
particular species. The probable economic impact of a proposed critical 
habitat designation is analyzed by comparing scenarios both ``with 
critical habitat'' and ``without critical habitat.''
    The ``without critical habitat'' scenario represents the baseline 
for the analysis, which includes the existing regulatory and socio-
economic burden imposed on landowners, managers, or other resource 
users potentially affected by the designation of critical habitat 
(e.g., under the Federal listing as well as other Federal, State, and 
local regulations). Therefore, the baseline represents the costs of all 
efforts attributable to the listing of the species under the Act (i.e., 
conservation of the species and its habitat incurred regardless of 
whether critical habitat is designated). The ``with critical habitat'' 
scenario describes the incremental impacts associated specifically with 
the designation of critical habitat for the species. The incremental 
conservation efforts and associated impacts would not be expected 
without the designation of critical habitat for the species. In other 
words, the incremental costs are those attributable solely to the 
designation of critical habitat, above and beyond the baseline costs. 
These are the costs we use when evaluating the benefits of inclusion 
and exclusion of particular areas from the final designation of 
critical habitat should we choose to conduct a discretionary 4(b)(2) 
exclusion analysis.
    Executive Orders (E.O.s) 12866 and 13563 direct Federal agencies to 
assess the costs and benefits of available regulatory alternatives in 
quantitative (to the extent feasible) and qualitative terms. Consistent 
with the E.O. regulatory analysis requirements, our effects analysis 
under the Act may take into consideration impacts to both directly and 
indirectly affected entities, where practicable and reasonable. If 
sufficient data are available, we assess to the extent practicable the 
probable impacts to both directly and indirectly affected entities. 
Section 3(f) of E.O. 12866 identifies four criteria when a regulation 
is considered a ``significant regulatory action,'' and requires 
additional analysis, review, and approval if met. The criterion 
relevant here is whether the designation of critical habitat may have 
an economic effect of $200 million or more in any given year (section 
3(f)(1)). Therefore, our consideration of economic impacts uses a 
screening analysis to assess whether a designation of critical habitat 
for green turtle is likely to exceed the economically significant 
threshold.
    For this particular designation, we developed an incremental 
effects memorandum (IEM) considering the probable incremental economic 
impacts that may result from this proposed designation of critical 
habitat. The information contained in our IEM was then used to develop 
a screening analysis of the probable effects of the designation of 
critical habitat for the green turtle's terrestrial environment 
(Industrial Economics, Inc. 2023, entire). We began by conducting a

[[Page 46448]]

screening analysis of the proposed designation of critical habitat in 
order to focus our analysis on the key factors that are likely to 
result in incremental economic impacts. The purpose of the screening 
analysis is to filter out particular geographical areas of critical 
habitat that are already subject to such protections and are, 
therefore, unlikely to incur incremental economic impacts. In 
particular, the screening analysis considers baseline costs (i.e., 
absent critical habitat designation) and includes any probable 
incremental economic impacts where land and water use may already be 
subject to conservation plans, land management plans, best management 
practices, or regulations that protect the habitat area as a result of 
the Federal listing status of the species. Ultimately, the screening 
analysis allows us to focus our analysis on evaluating the specific 
areas or sectors that may incur probable incremental economic impacts 
as a result of the designation. The presence of the listed species in 
occupied areas of critical habitat means that any destruction or 
adverse modification of those areas is also likely to jeopardize the 
continued existence of the species. Therefore, designating occupied 
areas as critical habitat typically causes little if any incremental 
impacts above and beyond the impacts of listing the species. As a 
result, we generally focus the screening analysis on areas of 
unoccupied critical habitat (unoccupied units or unoccupied areas 
within occupied units). Overall, the screening analysis assesses 
whether designation of critical habitat is likely to result in any 
additional management or conservation efforts that may incur 
incremental economic impacts. This screening analysis combined with the 
information contained in our IEM constitute what we consider to be our 
draft economic analysis (DEA) of the proposed critical habitat 
designation for the green turtle's terrestrial environment; our DEA is 
summarized in the narrative below.
    As part of our screening analysis, we considered the types of 
economic activities that are likely to occur within the areas likely 
affected by the critical habitat designation. In our evaluation of the 
probable incremental economic impacts that may result from the proposed 
designation of critical habitat within the terrestrial environment for 
the green turtle, first we identified, in the IEM dated September 30, 
2022, probable incremental economic impacts associated with the 
following categories of activities:
     Animal and Plant Health Inspection Service: control and 
management of invasive, harmful, or overabundant species; predator 
control to benefit target ecosystems or species.
     Department of Defense (DoD): operation, maintenance, and 
upgrades of military property and infrastructure, including training 
and testing; and unexploded ordnance management.
     Federal Emergency Management Agency: alterations to both 
habitats and developments to increase coastal resiliency and/or to 
facilitate recovery of human communities following disasters or 
emergencies (such as coastal storms). Emergency consultation may also 
be conducted during or shortly after a disaster, for example, to stage 
emergency response equipment in green turtle habitat, to transit 
through habitat as part of the emergency response, or retrieve orphaned 
vessels, containers, or other items from habitat.
     Federal Energy Regulatory Commission: non-Federal 
activities that require Federal authorization, such as liquefied 
natural gas facilities and associated pipeline infrastructure.
     Federal Highway Administration: transportation 
infrastructure maintenance and upgrades.
     Federal Aviation Administration: operation, management, 
and upgrades of airports and air traffic control systems.
     National Aeronautics and Space Administration: rocket and 
drone launches; drone and aircraft flights; recreational beach uses 
(e.g., swimming, sunbathing, and off-road vehicles); beach 
renourishment and seawall repair; protected species management; 
facility maintenance and construction, and educational use.
     National Park Service: infrastructure maintenance or 
upgrades, habitat or species management, research, and changes to 
visitor use policies or regulations.
     U.S. Army Corps of Engineers (Corps): federally funded 
coastal engineering, such as beach nourishment, dredging, shoreline 
stabilization, and habitat restoration; non-Federal activities that 
require Federal permits, such as coastal engineering, coastal 
development (e.g., residential, commercial, recreational 
infrastructure), transportation infrastructure (e.g., docks, piers, 
ports, roads, rail lines), utility and energy infrastructure, habitat 
restoration, habitat and species management (e.g., mosquito control), 
and aquaculture.
     U.S. Coast Guard: response actions associated with cleanup 
of hazardous substances in the coastal and marine environments; 
authorization of fireworks displays.
     U.S. Fish and Wildlife Service (USFWS), National Wildlife 
Refuges (NWR): land acquisition, infrastructure maintenance or 
upgrades, habitat or species management, research, and changes to 
visitor use policies or regulations.
    We considered each industry or category individually. Additionally, 
we considered whether their activities have any Federal involvement. 
Critical habitat designation generally will not affect activities that 
do not have any Federal involvement; under the Act, designation of 
critical habitat only affects activities conducted, funded, permitted, 
or authorized by Federal agencies. In areas where the green turtle is 
present, Federal agencies would be required to consult with the USFWS 
under section 7 of the Act on activities they fund, permit, or 
implement that may affect the species. If we finalize this proposed 
critical habitat designation, Federal agencies would be required to 
consider the effects of their actions on the designated habitat, and if 
the Federal action may affect critical habitat, our consultations would 
include an evaluation of measures to avoid the destruction or adverse 
modification of critical habitat.
    In our IEM, we attempted to clarify the distinction between the 
effects that would result from the species being listed and those 
attributable to the critical habitat designation (i.e., difference 
between the jeopardy and adverse modification standards) for the green 
turtle's critical habitat. The following specific circumstances help to 
inform our evaluation: (1) The essential PBFs identified for critical 
habitat are the same features essential for the life requisites of the 
species, and (2) any actions that would likely adversely affect the 
essential PBFs of occupied critical habitat are also likely to 
adversely affect the species itself. The IEM outlines our rationale 
concerning this limited distinction between baseline conservation 
efforts and incremental impacts of the designation of critical habitat 
for this species. This evaluation of the incremental effects has been 
used as the basis to evaluate the probable incremental economic impacts 
of this proposed designation of critical habitat.
    The proposed critical habitat designation within the terrestrial 
environment for the green turtle includes 101 proposed critical habitat 
units, totaling approximately 8,870 ac (3,590 ha), all of which were 
occupied by the green turtle at the time of listing, and are currently 
occupied. Accordingly, because all units are occupied, the economic 
costs of critical habitat within the terrestrial environment for the 
five DPSs of green turtle will most likely be limited to

[[Page 46449]]

additional administrative effort to consider adverse modification of 
green sea turtle habitat during section 7 consultations, though 
additional consultations and project modifications are possible. This 
finding is based on the following (Industrial Economics, Inc. 2023, pp. 
3, 20):
    (1) Projects with a Federal nexus are anticipated to be subject to 
section 7 consultation regardless of whether critical habitat is 
designated because the units are occupied, although some new 
consultations are possible, particularly in the remote areas of the 
designation where the species presence may not have previously been 
known;
    (2) Critical habitat designation could, but is unlikely to in most 
cases, change the Service's recommendations for project modifications 
as part of future consultations considering the green turtle;
    (3) State, territory, or commonwealth laws protecting sea turtles 
and requiring certain types of sand for beach nourishment projects 
provide additional baseline protection to the green turtle, including 
locations where it is only seasonally or sporadically present; and
    (4) The presence of other listed species with similar habitat 
requirements and existing critical habitat provides additional baseline 
protection. Total overlap with existing critical habitat is 5,619 ac 
(2,274 ha), including 375 ac (152 ha) across 31 units in the Central 
North Pacific DPS, 25 ac (10 ha) across 23 units in the Central West 
Pacific DPS, 4,849 ac (1,962 ha) across 33 units in the North Atlantic 
DPS, and 31 ac (12 ha) across 8 units in the South Atlantic DPS. There 
is no overlap of existing critical habitat in the Central South Pacific 
DPS.
    Based on consultation history for the green turtle, the number of 
future consultation actions, including technical assistances, is likely 
to be approximately 119 per year on average (approximately 17 formal 
consultations, 41 informal consultations, and 61 technical assistance 
efforts) across the five DPSs. The additional administrative cost of 
addressing adverse modification in these consultations is likely to be 
less than $220,000 per year (2022 dollars) on average, comprising 
approximately $92,000 for formal consultations, $110,000 for informal 
consultations, and $25,000 for technical assistances (Industrial 
Economics, Inc. 2023, p. 21 and Exhibit 8). The largest concentration 
of incremental consultation costs may accrue in the North Atlantic DPS 
(54 percent), followed by the Central North Pacific DPS (38 percent), 
the Central West Pacific DPS (5 percent), the South Atlantic DPS (3 
percent), and the Central South Pacific DPS (less than 1 percent). Cost 
estimates assume that consultations would occur even in the absence of 
critical habitat due to the presence of the listed species, and the 
amount of administrative effort to address critical habitat during this 
process is relatively minor (Industrial Economics, Inc. 2023, p. 21). 
Additionally, the designation is not expected to trigger additional 
requirements under State, Territory, Commonwealth, or other local 
government regulations; however, it may cause developers or landowners 
to perceive that private lands will be subject to use restrictions or 
litigation from third parties, resulting in costs (Industrial Economics 
Inc. 2023, pp. 3, 22-23). While perceptional effects on land values are 
possible, the likelihood and magnitude of such effects are uncertain, 
and data limitations also prevent the quantification of the possible 
incremental reduction in property values (Industrial Economics, Inc. 
2023, pp. 3, 23).
    We are soliciting data and comments from the public on the DEA 
discussed above, as well as any other public comments on the proposed 
rule (see Information Requested, above). During the development of a 
final designation, we will consider the information presented in the 
DEA and any additional information on economic impacts we receive 
during the public comment period to determine whether any specific 
areas should be excluded from the final critical habitat designation 
under authority of section 4(b)(2), our implementing regulations at 50 
CFR 424.19, and the 2016 Policy. We may exclude an area from critical 
habitat if we determine that the benefits of excluding the area 
outweigh the benefits of including the area, provided the exclusion 
will not result in the extinction of this species.

Consideration of National Security Impacts or Homeland Security Impacts

    Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or 
areas that pose potential national-security concerns (e.g., a DoD 
installation that is in the process of revising its INRMP for a newly 
listed species or a species previously not covered). If a particular 
area is not covered under section 4(a)(3)(B)(i), then national-security 
or homeland-security concerns are not a factor in the process of 
determining what areas meet the definition of ``critical habitat.'' 
However, the USFWS must still consider impacts on national security, 
including homeland security, on those lands or areas not covered by 
section 4(a)(3)(B)(i) because section 4(b)(2) requires the USFWS to 
consider those impacts whenever it designates critical habitat. 
Accordingly, if DoD, Department of Homeland Security (DHS), or another 
Federal agency has requested exclusion based on an assertion of 
national-security or homeland-security concerns, or we have otherwise 
identified national-security or homeland-security impacts from 
designating particular areas as critical habitat, we generally have 
reason to consider excluding those areas.
    However, we cannot automatically exclude requested areas. When DoD, 
DHS, or another Federal agency requests exclusion from critical habitat 
on the basis of national-security or homeland-security impacts, we must 
conduct an exclusion analysis if the Federal requester provides 
information, including a reasonably specific justification of an 
incremental impact on national security that would result from the 
designation of that specific area as critical habitat. That 
justification could include demonstration of probable impacts, such as 
impacts to ongoing border-security patrols and surveillance activities, 
or a delay in training or facility construction, as a result of 
compliance with section 7(a)(2) of the Act. If the agency requesting 
the exclusion does not provide us with a reasonably specific 
justification, we will contact the agency to recommend that it provide 
a specific justification or clarification of its concerns relative to 
the probable incremental impact that could result from the designation. 
If we conduct an exclusion analysis because the agency provides a 
reasonably specific justification or because we decide to exercise the 
discretion to conduct an exclusion analysis, we will defer to the 
expert judgment of DoD, DHS, or another Federal agency as to: (1) 
Whether activities on its lands or waters, or its activities on other 
lands or waters, have national-security or homeland-security 
implications; (2) the importance of those implications; and (3) the 
degree to which the cited implications would be adversely affected in 
the absence of an exclusion. In that circumstance, in conducting a 
discretionary section 4(b)(2) exclusion analysis, we will give great 
weight to national-security and homeland-security concerns in analyzing 
the benefits of exclusion.
    Under section 4(b)(2) of the Act, we also consider whether a 
national security or homeland security impact might exist on lands 
owned or managed by DoD or DHS. In preparing this proposal, we have 
determined that, other than the land exempted under

[[Page 46450]]

section 4(a)(3)(B)(i) of the Act based upon the existence of an 
approved INRMP (see Exemptions, above), the lands within the proposed 
designation of critical habitat within the terrestrial environment for 
the green turtle are not owned or managed by DoD or DHS. Therefore, we 
anticipate no impacts on national security or homeland security.

Consideration of Other Relevant Impacts

    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security discussed above. To identify other relevant impacts that may 
affect the exclusion analysis, we consider a number of factors, 
including whether there are permitted conservation plans covering the 
species in the area--such as HCPs, safe harbor agreements, or candidate 
conservation agreements with assurances--or whether there are non-
permitted conservation agreements and partnerships that may be impaired 
by designation of, or exclusion from, critical habitat. In addition, we 
look at whether Tribal conservation plans or partnerships, Tribal 
resources, or government-to-government relationships of the United 
States with Tribal entities may be affected by the designation. We also 
consider any State, local, social, or other impacts that might occur 
because of the designation.
    When analyzing other relevant impacts of including a particular 
area in a designation of critical habitat, we weigh those impacts 
relative to the conservation value of the particular area. To determine 
the conservation value of designating a particular area, we consider a 
number of factors, including, but not limited to, the additional 
regulatory benefits that the area would receive due to the protection 
from destruction or adverse modification as a result of actions with a 
Federal nexus, the educational benefits of mapping essential habitat 
for recovery of the listed species, and any benefits that may result 
from a designation due to State or Federal laws that may apply to 
critical habitat.
    In the case of green turtles, the benefits of critical habitat 
include public awareness of the presence of green turtles and the 
importance of habitat protection, and, where a Federal nexus exists, 
increased habitat protection for green turtles due to protection from 
destruction or adverse modification of critical habitat. Continued 
implementation of an ongoing management plan that provides conservation 
equal to or more than the protections that result from a critical 
habitat designation would reduce those benefits of including that 
specific area in the critical habitat designation.
    After identifying the benefits of inclusion and the benefits of 
exclusion, we carefully weigh the two sides to evaluate whether the 
benefits of exclusion outweigh those of inclusion. If our analysis 
indicates that the benefits of exclusion outweigh the benefits of 
inclusion, we then determine whether exclusion would result in 
extinction of the species. If exclusion of an area from critical 
habitat will result in extinction, we will not exclude it from the 
designation.

Private or Other Non-Federal Conservation Plans Related to Permits 
Under Section 10 of the Act

    HCPs for incidental take permits under section 10(a)(1)(B) of the 
Act provide for partnerships with non-Federal entities to minimize and 
mitigate impacts to listed species and their habitat. In some cases, 
HCP permittees agree to do more for the conservation of the species and 
their habitats on private lands than designation of critical habitat 
would provide alone. We place great value on the partnerships that are 
developed during the preparation and implementation of HCPs.
    When we undertake a discretionary section 4(b)(2) exclusion 
analysis based on permitted conservation plans (such as HCPs), we 
anticipate consistently excluding such areas if incidental take caused 
by the activities in those areas is covered by the permit under section 
10 of the Act and the HCP meets all of the following three factors (see 
the 2016 Policy for additional details):
    (a) The permittee is properly implementing the HCP and is expected 
to continue to do so for the term of the agreement. An HCP is properly 
implemented if the permittee is and has been fully implementing the 
commitments and provisions in the HCP, implementing agreement, and 
permit.
    (b) The species for which critical habitat is being designated is a 
covered species in the HCP, or very similar in its habitat requirements 
to a covered species. The recognition that the USFWS extends to such an 
agreement depends on the degree to which the conservation measures 
undertaken in the HCP would also protect the habitat features of the 
similar species.
    (c) The HCP specifically addresses that species' habitat and meets 
the conservation needs of the species in the planning area.
    The proposed critical habitat designation in the terrestrial 
environment includes areas that are covered by the following permitted 
plan providing for the conservation of green turtles: the Indian River 
HCP.

Indian River County Habitat Conservation Plan (HCP)

    In preparing this proposal, we have determined that 139 ac (56 ha) 
of lands associated with the Indian River County HCP from Sebastian 
Inlet to Indian River Shores (Unit FL-04) are included within the 
terrestrial environment for green turtle proposed critical habitat. 
This HCP specifically addresses the protection of sea turtles on the 
Indian River County's eroding beaches. As discussed in the Unit FL-04 
description above, activities on the sandy beach and dune lands (i.e., 
covered lands that are not part of the adjacent Archie Carr NWR and 
Sebastian Inlet State Park that also occur within this unit) include a 
variety of recreational activities (e.g., swimming, walking, fishing) 
and residential development (beachfront properties). The HCP describes 
measures that will be undertaken to minimize impacts to sea turtles 
during emergency shoreline protection projects and implements a series 
of conservation programs to offset unavoidable take. The primary goal 
of the HCP is to allow Indian River County to continue to assist its 
citizens in responding to emergency shoreline conditions following 
severe storm events. Implementation of the programs and policies 
contained in the HCP will allow the County to engage in these 
activities in a manner and extent compatible with the protection of sea 
turtles. Detailed minimization measures are described in chapter 9 
(Ecological Associates, Inc. 2017, pp. 95-110).
    The biological goal of the Indian River County HCP is to increase 
the productivity of the County's beaches as sea turtle nesting habitat 
(Ecological Associates, Inc. 2017, p. 119). This measure addresses the 
physical and biological features essential to the conservation of green 
turtles, including protecting and restoring extra-tidal and dry sandy 
beaches where green turtle nesting occurs (PBF 1), ensuring sufficient 
darkness through a lighting ordinance so adult females are not deterred 
from emerging onto beaches and both hatchlings and females can orient 
to the sea (PBF 2), and protecting the natural coastal processes or 
artificially created or maintained habitat that mimics natural 
conditions (PBF 4) (Ecological Associates, Inc. 2017, entire). The HCP 
includes multiple activities in support of the biological goal 
(Ecological Associates, Inc. 2017, p. 119), such as (but not limited 
to):

[[Page 46451]]

conducting nesting surveys, conducting predator control, and 
permitting/regulating emergency shoreline protection projects to 
minimize impacts to sea turtles. The HCP also includes mitigated 
unavoidable take through acquisition of coastal property and a predator 
control program that provides quantifiable benefits to sea turtles in 
excess of the amount of take likely to occur from shoreline protection 
measures initiated under the County's emergency authorization 
(Ecological Associates, Inc. 2017, p. 10). The HCP continues to be 
implemented, to include our receipt of annual reports with updated 
green turtle information (e.g., nesting success, nest fates, threats). 
This HCP is currently permitted with a 30-year incidental take permit 
until December 1, 2034.

Summary of Exclusions Considered Under 4(b)(2) of the Act

    We have reason to consider excluding the following area under 
section 4(b)(2) of the Act from the final critical habitat designation 
for green turtles in the North Atlantic DPS: Unit FL-04 (Sebastian 
Inlet to Indian River Shores). Approximately 139 ac (56 ha) meet the 
definition of critical habitat, but we are considering possible 
exclusion of this area from the final critical habitat designation 
based on implementation of beneficial conservation measures afforded to 
green turtle and its habitat via the formalized Indian River County 
HCP.
    In conclusion, for this proposed rule, we have reason to consider 
excluding the area identified above from the final designation based on 
other relevant impacts. We specifically solicit comments on the 
inclusion or exclusion of this area. We also solicit comments on 
whether there are potential economic, national security, or other 
relevant impacts from designating any other particular areas as 
critical habitat within any of the five DPSs; for additional comments 
requested on this proposed rule, please see Information Requested, 
above. As part of developing the final designation of critical habitat, 
we will evaluate the information we receive regarding potential impacts 
from designating the area described above or any other particular 
areas, and we may conduct a discretionary exclusion analysis to 
determine whether to exclude those areas under authority of section 
4(b)(2) and our implementing regulations at 50 CFR 424.19. If we 
receive a request for exclusion of a particular area and after 
evaluation of supporting information we do not exclude, we will fully 
describe our decision in the final rule for this action.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is 
significant.
    Executive Order (E.O.) 14094 reaffirms the principles of E.O. 12866 
and E.O 13563 and states that regulatory analysis should facilitate 
agency efforts to develop regulations that serve the public interest, 
advance statutory objectives, and are consistent with E.O. 12866, E.O. 
13563, and the Presidential Memorandum of January 20, 2021 (Modernizing 
Regulatory Review). Regulatory analysis, as practicable and 
appropriate, shall recognize distributive impacts and equity, to the 
extent permitted by law. E.O. 13563 emphasizes further that regulations 
must be based on the best available science and that the rulemaking 
process must allow for public participation and an open exchange of 
ideas. We have developed this proposed rule in a manner consistent with 
these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effects of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBREFA amended the RFA to require Federal agencies to provide a 
certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine whether potential 
economic impacts to these small entities are significant, we considered 
the types of activities that might trigger regulatory impacts under 
this designation as well as types of project modifications that may 
result. In general, the term ``significant economic impact'' is meant 
to apply to a typical small business firm's business operations.
    Under the RFA, as amended, and as understood in light of recent 
court decisions, Federal agencies are required to evaluate the 
potential incremental impacts of rulemaking on those entities directly 
regulated by the rulemaking itself; in other words, the RFA does not 
require agencies to evaluate the potential impacts to indirectly 
regulated entities. The regulatory mechanism through which critical 
habitat protections are realized is section 7 of the Act, which 
requires Federal agencies, in consultation with the USFWS, to ensure 
that any action authorized, funded, or carried out by the agency is not 
likely to destroy or adversely modify critical habitat. Therefore, 
under section 7, only Federal action agencies are directly subject to

[[Page 46452]]

the specific regulatory requirement (avoiding destruction and adverse 
modification) imposed by critical habitat designation. Consequently, it 
is our position that only Federal action agencies would be directly 
regulated if we adopt the proposed critical habitat designation. The 
RFA does not require evaluation of the potential impacts to entities 
not directly regulated. Moreover, Federal agencies are not small 
entities. Therefore, because no small entities would be directly 
regulated by this rulemaking, the USFWS certifies that, if made final 
as proposed, the proposed critical habitat designation will not have a 
significant economic impact on a substantial number of small entities.
    In summary, we have considered whether the proposed designation 
would result in a significant economic impact on a substantial number 
of small entities. For the above reasons and based on currently 
available information, we certify that, if made final, the proposed 
critical habitat designation will not have a significant economic 
impact on a substantial number of small business entities. Therefore, 
an initial regulatory flexibility analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare statements of energy effects when undertaking 
certain actions. In our draft economic analysis, we did not find that 
the designation of this proposed critical habitat for the green turtle 
in the terrestrial environment would significantly affect energy 
supplies, distribution, or use. Renewable energy activities have been 
known to occur within one unit in the Central North Pacific DPS 
(Industrial Economics Inc. 2023, Appendix B). This activity is one that 
we consult on with Federal agencies under section 7 of the Act. As 
discussed in the DEA, the costs associated with consultations related 
to occupied critical habitat would be largely administrative in nature 
and are not anticipated to reach $200 million in any given year based 
on the anticipated annual number of consultations and associated 
consultation costs, which are not expected to exceed $220,000 per year 
(2022 dollars) (Industrial Economics Inc. 2023, pp. 3, 20, 23). 
Therefore, this action is not a significant energy action, and no 
statement of energy effects is required.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following finding:
    (1) This proposed rule would not produce a Federal mandate. In 
general, a Federal mandate is a provision in legislation, statute, or 
regulation that would impose an enforceable duty upon State, local, or 
Tribal governments, or the private sector, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or Tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and Tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or Tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement. ``Federal 
private sector mandate'' includes a regulation that ``would impose an 
enforceable duty upon the private sector, except (i) a condition of 
Federal assistance or (ii) a duty arising from participation in a 
voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal Government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions are not likely to destroy or adversely modify 
critical habitat under section 7. While non-Federal entities that 
receive Federal funding, assistance, or permits, or that otherwise 
require approval or authorization from a Federal agency for an action, 
may be indirectly impacted by the designation of critical habitat, the 
legally binding duty to avoid destruction or adverse modification of 
critical habitat rests squarely on the Federal agency. Furthermore, to 
the extent that non-Federal entities are indirectly impacted because 
they receive Federal assistance or participate in a voluntary Federal 
aid program, the Unfunded Mandates Reform Act would not apply, nor 
would critical habitat shift the costs of the large entitlement 
programs listed above onto State governments.
    (2) We do not believe that this rule would significantly or 
uniquely affect small governments because it is not anticipated to 
reach a Federal mandate of $200 million in any given year; that is, it 
is not a ``significant regulatory action'' under the Unfunded Mandates 
Reform Act. The designation of critical habitat imposes no obligations 
on State or local governments. By definition, Federal agencies are not 
considered small entities, although the activities they fund or permit 
may be proposed or carried out by small entities. Consequently, we do 
not believe that the proposed critical habitat designation would 
significantly or uniquely affect small government entities. Therefore, 
a small government agency plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for the green turtle within the Central North Pacific DPS, 
Central South Pacific DPS, Central West Pacific DPS, North Atlantic 
DPS, and South Atlantic DPS in a takings implications assessment. The 
Act does not authorize the USFWS to regulate private actions on private 
lands or confiscate private property as a result of critical habitat 
designation. Designation of critical habitat does not affect land 
ownership, or establish any closures, or restrictions on use of or 
access to the designated areas. Furthermore, the designation of 
critical habitat does not affect landowner actions that do not require 
Federal funding or permits, nor does it preclude development of habitat 
conservation programs or issuance of incidental take permits to permit 
actions that do require Federal funding or permits to go forward. 
However, Federal agencies are prohibited from carrying out, funding, or 
authorizing actions that would destroy or adversely modify critical 
habitat. A takings implications assessment has been completed for the 
proposed designation of critical habitat for the green turtle 
(including all five DPSs addressed in this proposed rule), and it 
concludes that, if adopted, this

[[Page 46453]]

proposed designation of critical habitat would not pose significant 
takings implications for lands within or affected by the designation.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this proposed rule does 
not have significant federalism effects. A federalism summary impact 
statement is not required. In keeping with Department of the Interior 
and Department of Commerce policy, we requested information from, and 
coordinated development of this proposed critical habitat designation 
with, appropriate State resource agencies. From a federalism 
perspective, the designation of critical habitat directly affects only 
the responsibilities of Federal agencies. The Act imposes no other 
duties with respect to critical habitat, either for States and local 
governments, or for anyone else. As a result, the proposed rule does 
not have substantial direct effects either on the States, or on the 
relationship between the Federal government and the States, or on the 
distribution of powers and responsibilities among the various levels of 
government. The proposed designation may have some benefit to these 
governments because the areas that contain the features essential to 
the conservation of the species are more clearly defined, and the PBFs 
of the habitat necessary for the conservation of the species are 
specifically identified. This information does not alter where and what 
federally sponsored activities may occur. However, it may assist State 
and local governments in long-range planning because they no longer 
have to wait for case-by-case section 7 consultations to occur.
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) of the Act would be required. While 
non-Federal entities that receive Federal funding, assistance, or 
permits, or that otherwise require approval or authorization from a 
Federal agency for an action, may be indirectly impacted by the 
designation of critical habitat, the legally binding duty to avoid 
destruction or adverse modification of critical habitat rests squarely 
on the Federal agency.

Civil Justice Reform--Executive Order 12988

    In accordance with E.O. 12988 (Civil Justice Reform), the Office of 
the Solicitor has determined that the rule would not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order. We have proposed designating critical habitat in 
accordance with the provisions of the Act. To assist the public in 
understanding the habitat needs of the species, this proposed rule 
identifies the PBFs essential to the conservation of the species. The 
proposed areas of critical habitat are presented on maps, and the 
proposed rule provides several options for the interested public to 
obtain more detailed location information, if desired.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not 
required. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses pursuant to the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating 
critical habitat under the Act. We published a notice outlining our 
reasons for this determination in the Federal Register on October 25, 
1983 (48 FR 49244). This position was upheld by the U.S. Court of 
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), E.O. 13175 (Consultation and Coordination 
with Indian Tribal Governments), and the Department of the Interior's 
manual at 512 DM 2, we readily acknowledge our responsibility to 
communicate meaningfully with federally recognized Tribes on a 
government-to-government basis. In accordance with Secretary's Order 
3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal 
Trust Responsibilities, and the Endangered Species Act), we readily 
acknowledge our responsibilities to work directly with Tribes in 
developing programs for healthy ecosystems, to acknowledge that Tribal 
lands are not subject to the same controls as Federal public lands, to 
remain sensitive to Indian culture, and to make information available 
to Tribes. We have determined that no Tribal lands fall within the 
boundaries of the proposed critical habitat for the green turtle 
(although we note that the Seminole Tribe of Florida has expressed 
interest in staying informed about this proposed critical habitat 
designation; we have and will continue to coordinate with them), so no 
Tribal lands would be affected by the proposed designation.

References Cited

    A complete list of references cited in this proposed rule is 
available on the internet at https://www.regulations.gov and upon 
request from the Florida Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team, the Florida 
Ecological Services Field Office, the Caribbean Ecological Services 
Field Office, and the Pacific Islands Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Plants, 
Reporting and recordkeeping requirements, Transportation, Wildlife.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. In Sec.  17.11, amend paragraph (h) in the List of Endangered and 
Threatened Wildlife under REPTILES by revising the entries for ``Sea 
turtle, green [Central North Pacific DPS]'', ``Sea turtle, green 
[Central South Pacific DPS]'', ``Sea turtle, green [Central West 
Pacific DPS]'', ``Sea turtle, green [North Atlantic DPS]'', and ``Sea 
turtle, green [South Atlantic DPS]'' to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 46454]]



----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name                Scientific name        Where listed         Status        and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
             Reptiles
 
                                                  * * * * * * *
Sea turtle, green [Central North   Chelonia mydas......  Green sea turtles               T   81 FR 20058, 4/6/
 Pacific DPS].                                            originating from                    2016;\J\
                                                          the Central North                  50 CFR
                                                          Pacific Ocean,                      17.42(b);\4d\
                                                          bounded by the                     50 CFR 223.205;
                                                          following                          50 CFR 223.206;
                                                          coordinates:                       50 CFR 223.207;
                                                          41[deg] N, 169[deg]                50 CFR
                                                          E in the northwest;                 17.95(c).\CH\
                                                          41[deg] N, 143[deg]
                                                          W in the northeast;
                                                          9[deg] N, 125[deg]
                                                          W in the southeast;
                                                          and 9[deg] N,
                                                          175[deg] W in the
                                                          southwest.
Sea turtle, green [Central South   Chelonia mydas......  Green sea turtles               E   81 FR 20058, 4/6/
 Pacific DPS].                                            originating from                    2016;\J\
                                                          the Central South                  50 CFR 224.104;
                                                          Pacific Ocean,                     50 CFR
                                                          bounded by the                      17.95(c).\CH\
                                                          following
                                                          coordinates: 9[deg]
                                                          N, 175[deg] W in
                                                          the northwest;
                                                          9[deg] N, 125[deg]
                                                          W in the northeast;
                                                          40[deg] S, 96[deg]
                                                          W in the southeast;
                                                          40[deg] S, 176[deg]
                                                          E in the southwest;
                                                          and 13[deg] S,
                                                          171[deg] E in the
                                                          west.
Sea turtle, green [Central West    Chelonia mydas......  Green sea turtles               E   81 FR 20058, 4/6/
 Pacific DPS].                                            originating from                    2016;\J\
                                                          the Central West                   50 CFR 224.104;
                                                          Pacific Ocean,                     50 CFR
                                                          bounded by the                      17.95(c).\CH\
                                                          following
                                                          coordinates:
                                                          41[deg] N, 146[deg]
                                                          E in the northwest;
                                                          41[deg] N, 169[deg]
                                                          E in the northeast;
                                                          9[deg] N, 175[deg]
                                                          W in the east;
                                                          13[deg] S, 171[deg]
                                                          E in the southeast;
                                                          along the northern
                                                          coast of the island
                                                          of New Guinea; and
                                                          4.5[deg] N,
                                                          129[deg] E in the
                                                          west.
 
                                                  * * * * * * *
Sea turtle, green [North Atlantic  Chelonia mydas......  Green sea turtles               T   81 FR 20058, 4/6/
 DPS].                                                    originating from                    2016;\J\
                                                          the North Atlantic                 50 CFR
                                                          Ocean, bounded by                   17.42(b);\4d\
                                                          the following lines                50 CFR 223.205;
                                                          and coordinates:                   50 CFR 223.206;
                                                          48[deg] N Lat. in                  50 CFR 223.207;
                                                          the north, along                   50 CFR
                                                          the western coasts                  17.95(c).\CH\
                                                          of Europe and
                                                          Africa (west of
                                                          5.5[deg] W. Long.);
                                                          north of 19[deg] N
                                                          Lat. in the east;
                                                          bounded by 19[deg]
                                                          N, 65.1[deg] W to
                                                          14[deg] N,
                                                          65.1[deg] W then
                                                          14[deg] N, 77[deg]
                                                          W in the south and
                                                          west; and along the
                                                          eastern coasts of
                                                          the Americas (north
                                                          of 7.5[deg] N,
                                                          77[deg] W).
 
                                                  * * * * * * *
Sea turtle, green [South Atlantic  Chelonia mydas......  Green sea turtles               T   81 FR 20058, 4/6/
 DPS].                                                    originating from                    2016;\J\
                                                          the South Atlantic                 50 CFR
                                                          Ocean, bounded by                   17.42(b);\4d\
                                                          the following lines                50 CFR 223.205; 50
                                                          and coordinates:                    CFR 223.206; 50
                                                          along the northern                  CFR 223.207; 50
                                                          and eastern coasts                  CFR 17.95(c).\CH\
                                                          of South America
                                                          (east of 7.5[deg]
                                                          N, 77[deg] W);
                                                          14[deg] N, 77[deg]
                                                          W to 14[deg] N,
                                                          65.1[deg] W to
                                                          19[deg] N,
                                                          65.1[deg] W in the
                                                          north and west;
                                                          19[deg] N Lat. in
                                                          the northeast;
                                                          40[deg] S, 19[deg]
                                                          E in the southeast;
                                                          and 40[deg] S Lat.
                                                          in the south.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  17.95, amend paragraph (c) by adding:
0
a. An entry for ``Green Sea Turtle (Chelonia mydas), Central North 
Pacific DPS'' after the entry for ``Desert Tortoise--Mojave Population 
(Gopherus agassizii)'';
0
b. An entry for ``Green Sea Turtle (Chelonia mydas), Central South 
Pacific DPS'' after the new entry for ``Green Sea Turtle (Chelonia 
mydas), Central North Pacific DPS'';
0
c. An entry for ``Green Sea Turtle (Chelonia mydas), Central West 
Pacific DPS'' after the new entry for ``Green Sea Turtle (Chelonia 
mydas), Central South Pacific DPS'';
0
d. An entry for ``Green Sea Turtle (Chelonia mydas), North Atlantic 
DPS'' after the new entry for ``Green Sea Turtle (Chelonia mydas), 
Central West Pacific DPS''; and
0
e. An entry for ``Green Sea Turtle (Chelonia mydas), South Atlantic 
DPS'' after the new entry for ``Green Sea Turtle (Chelonia mydas), 
North Atlantic DPS''.
    The additions read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (c) Reptiles.
* * * * *
Green Sea Turtle (Chelonia mydas), Central North Pacific DPS
    (1) Within the Central North Pacific distinct population segment 
(DPS) of the green sea turtle, critical habitat units are depicted for 
Hawaii, Honolulu, Kauai, and Maui Counties in the State of Hawaii on 
the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of green sea turtle consist of the 
following components:
    (i) Extra-tidal or dry sandy beaches from the mean high water 
line--the line on a chart or map that represents the intersection of 
the land with the water surface at the elevation of mean high water 
line--to areas of beach landward of the mean high water line and which 
contain the characteristics set forth in paragraphs (2)(i) through (iv) 
of this entry. These beaches include:
    (A) Habitat for green turtles to transit across beaches and for 
nest placement that includes:
    (1) Relatively unimpeded wet and dry sand or nearshore access areas 
from the ocean to the beach for nesting females and from the beach to 
the ocean for both post-nesting females and hatchlings; and
    (2) Drier sand areas located above mean high water in the 
supralittoral

[[Page 46455]]

zone to avoid being inundated frequently by high tides.
    (B) Sand substrate that:
    (1) Allows for suitable nest construction;
    (2) Is suitable for facilitating gas diffusion conducive to embryo 
development;
    (3) Can develop and maintain temperatures and a moisture content 
conducive to embryo development; and
    (4) Allows for emergence of hatchlings from eggshells, through sand 
substrate to the beach surface.
    (ii) Nesting beach habitat with sufficient darkness such that 
nesting turtles are not deterred from emerging onto the beach and 
hatchlings and post-nesting females can orient to the sea.
    (iii) Natural coastal processes or artificially created or 
maintained habitat mimicking natural conditions. This includes 
artificial habitat types that mimic natural conditions described in 
paragraphs (2)(i) and (ii) of this entry for beach access, nest site 
selection, nest construction, egg deposition and incubation, and 
hatchling emergence and movement to the sea.
    (iv) Within the range of the Central North Pacific DPS, basking 
habitat that includes access to natural and artificial coastlines with 
gradually sloping beaches (sandy, corally, or gravel substrate), 
emergent sandy lands, sand spits, low shelving reef rocks, as well as 
relatively unimpeded nearshore access from the ocean to the beach.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads and other paved areas, abandoned 
military structures, and hardened shorelines) and the land on which 
they are located existing within the legal boundaries on the effective 
date of the final rule.
    (4) Data layers defining map units were created using green sea 
turtle survey and distribution data provided by multiple local and 
regional sources as available (e.g., reports, databases, and species 
expert knowledge) and as maintained by the National Oceanic and 
Atmospheric Administration's Pacific Fisheries Science Center, 
universities, local governments, and nonprofit organizations across the 
main Hawaiian Islands. Landforms were primarily delineated based on the 
most current available aerial maps. The maps in this entry, as modified 
by any accompanying regulatory text, establish the boundaries of the 
terrestrial critical habitat designation. The coordinates or plot 
points or both on which each map is based are available to the public 
at the USFWS's internet site at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0164, and at the 
two field offices responsible for this designation. You may obtain 
field office location information by contacting one of the USFWS 
regional offices, the addresses of which are listed at 50 CFR 2.2.
    (5) Three index maps follow:

BILLING CODE 4333-15-P
Figure 1 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (5)

[[Page 46456]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.049

Figure 2 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (5)

[[Page 46457]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.050

    Figure 3 to Green Sea Turtle (Chelonia mydas), Central North 
Pacific DPS paragraph (5)

[[Page 46458]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.051

    (6) Unit HI-01: Kure Atoll, Northwestern Hawaiian Islands, Honolulu 
County, Hawaii.
    (i) Unit HI-01 consists of 106 acres (ac) (43 hectares (ha)) on 
Kure Atoll (also known as (a.k.a.) Holaniku or Mokupapapa), the 
northernmost island in the Hawaiian archipelago. This unit is located 
approximately 57 to 60 miles (mi) (92 to 96 kilometers (km)) northwest 
of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and includes beach, 
sandy shoals, coastal vegetation, and emergent sandy lands from the 
mean high water line (MHWL) to the line indicating the beginning of 
dense vegetation. This unit includes two segments, one on Kure Sand 
Island and the second on Green Island. All lands within this unit are 
in State ownership.
    (ii) Map of Unit HI-01 follows:

Figure 4 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (6)(ii)

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    (7) Unit HI-02: Midway Islands, Northwestern Hawaiian Islands, 
Hawaii.
    (i) Unit HI-02 consists of 88 ac (35 ha) on Midway Islands (a.k.a. 
Kuaihelani or Pihemanu), part of the United States Minor Outlying 
Islands, the second northernmost island in the Hawaiian archipelago. 
This unit is located approximately 57 to 60 mi (92 to 96 km) east of 
Kure Atoll (a.k.a. Holaniku or Mokupapapa) and includes beach, coastal 
vegetation, sandy shoals, and emergent sandy lands from the MHWL to the 
line indicating the beginning of dense vegetation or hardened or 
developed structures. This unit includes one segment along the 
northeastern shore of Sand Island, and another segment on Spit and 
Eastern Islands. All lands within this unit are in Federal ownership.
    (ii) Map of Unit HI-02 follows:

Figure 5 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (7)(ii)

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    (8) Unit HI-03: Pearl and Hermes Atoll, Honolulu County, Hawaii.
    (i) Unit HI-03 consists of 207 ac (84 ha) on Pearl and Hermes Atoll 
(a.k.a. Manawai or Holoikauaua), the third northernmost island in the 
Hawaiian archipelago. This unit is located approximately 97 mi (156 km) 
southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu), and 
includes beach, coastal vegetation, sandy shoals, and emergent sandy 
lands from the MHWL to the line indicating the beginning of dense 
vegetation. This unit includes seven segments: one each on North 
Island, Little North Island, Southeast Island, Bird Island, and Kittery 
Island (a.k.a. Seal Kittery Island), and two on Green Island. All lands 
within this unit are in Federal ownership.
    (ii) Map of Unit HI-03 follows:

Figure 6 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (8)(ii)

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    (9) Unit HI-04: Lisianski Island, Honolulu County, Hawaii.
    (i) Unit HI-04 consists of 295 ac (119 ha) on Lisianski Island 
(a.k.a. Kapou or Papaapoho), the fourth northernmost island in the 
Hawaiian archipelago. This island unit is located approximately 256 mi 
(412 km) southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu), 
and includes beach, coastal vegetation, sandy shoals, and emergent 
sandy lands from the MHWL to the line indicating the beginning of dense 
vegetation. All lands within this unit are in Federal ownership.
    (ii) Map of Unit HI-04 follows:

Figure 7 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (9)(ii)

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    (10) Unit HI-05: Laysan Island, Honolulu County, Hawaii.
    (i) Unit HI-05 consists of 171 ac (69 ha) on Laysan Island (a.k.a. 
Kamole or Kauo), the fifth northernmost island in the Hawaiian 
archipelago. This island unit is located approximately 386 mi (621 km) 
southeast of Midway Islands (a.k.a. Kuaihelani or Pihemanu) and 
includes beach, coastal vegetation, sandy shoals, and emergent sandy 
lands from the MHWL to the line indicating the beginning of dense 
vegetation. All lands within this unit are in Federal ownership.
    (ii) Map of Unit HI-05 follows:

Figure 8 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (10)(ii)

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    (11) Unit HI-06: French Frigate Shoals, Honolulu County, Hawaii.
    (i) Unit HI-06 consists of 95 ac (38 ha) in French Frigate Shoals 
(a.k.a. Lalo or Kanemilohai), the sixth northernmost island in the 
Hawaiian archipelago. This unit is located approximately 557 to 761 mi 
(896 to 1,226 km) southeast of Midway Islands (a.k.a. Kuaihelani or 
Pihemanu), and includes beach, coastal vegetation, sandy shoals, and 
emergent sandy lands from the MHWL to the line indicating the beginning 
of dense vegetation or hardened or developed structures. This unit 
includes seven segments on Shark Island, Tern Island, Trig Island, 
Round Island, East Island, Little Gin Island, and Gin Island. All lands 
within this unit are in Federal ownership.
    (ii) Map of Unit HI-06 follows:

Figure 9 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (11)(ii)

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    (12) Unit HI-07: Halelea and Koolau Moku, Kauai County, Hawaii.
    (i) Unit HI-07 consists of 69 ac (28 ha) along the north shore of 
the island of Kauai. This unit is located approximately 2 mi (4 km) to 
the west and 11 mi (18 km) to the east of community of Princeville, 
Kauai, and includes beach, coastal vegetation, sandy shoals, and 
emergent sandy lands from the MHWL to the line indicating the beginning 
of dense vegetation, cliff, or hardened or developed structures. This 
unit comprises 22 segments in 10 areas on the northeast side of the 
island, including: 4 segments within Hanalei Bay; 1 segment on Sea 
Lodge Beach; 1 segment on Anini Beach; 3 segments on Kalihiwai Beach; 6 
segments at Kauapea Beach; 1 segment north of Crater Hill at Makapili 
Beach; 1 segment along the southwest shore of Kilauea Bay at Wailapa 
Beach; 1 segment on Pilaa Beach; 1 segment on Kaakaaniu Beach (a.k.a. 
Larsen's Beach or Lepeuli Beach); 2 segments along Moloaa Bay; and 1 
segment on Papaa Beach. Lands within this unit include approximately 2 
ac (1 ha) in Federal ownership, less than 1 ac (less than 1 ha) in 
State ownership, less than 1 ac (less than 1 ha) in local government 
ownership, 9 ac (3 ha) in private/other ownership, and 59 ac (24 ha) 
that are uncategorized.
    (ii) Maps of Unit HI-07 follow:

Figure 10 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (12)(ii)

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Figure 11 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (12)(ii)

[[Page 46466]]

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Figure 12 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (12)(ii)

[[Page 46467]]

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Figure 13 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (12)(ii)

[[Page 46468]]

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Figure 14 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (12)(ii)

[[Page 46469]]

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    (13) Unit HI-08: Na Pali Coast and M[amacr]n[amacr] Plains, Kauai 
County, Hawaii.
    (i) Unit HI-08 consists of 254 ac (103 ha) along the western coast 
of the island of Kauai. This unit is located in and to the west of the 
community of Kekaha and includes beach, coastal vegetation, sandy 
shoals, and emergent sandy lands from the MHWL to the line indicating 
the beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises four segments in two areas: two 
segments along the Na Pali Coast at Nualolo Kai Beach and Milolii 
Beach, and two adjacent segments along the coast of M[amacr]n[amacr] 
Plains at Barking Sands to Polihale Beach and Kekaha Beach. Lands 
within this unit include approximately 228 ac (92 ha) in State 
ownership and 26 ac (11 ha) that are uncategorized.
    (ii) Map of Unit HI-08 follows:

Figure 15 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (13)(ii)

[[Page 46470]]

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    (14) Unit HI-09: Puna Moku on Kauai, Kauai County, Hawaii.
    (i) Unit HI-09 consists of 33 ac (13 ha) along the eastern coast of 
the island of Kauai, approximately 9 mi (15 km) to the northeast and 5 
mi (8 km) to the southwest of the town of Lihue, Kauai. The unit 
includes beach, coastal vegetation, sandy shoals, and emergent sandy 
lands from the MHWL to the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises five segments in three areas: three segments on Kealia Beach, 
Wailua Beach, and Nukolii Beach; one segment on the northeast shoreline 
of Nawiliwili Harbor at Ninini Beach; and one segment on Kipu Kai 
Beach. Lands within this unit include approximately 3 ac (1 ha) in 
State ownership, 2 ac (1 ha) in local government ownership, 13 ac (5 
ha) in private/other ownership, and 14 ac (6 ha) that are 
uncategorized.
    (ii) Map of Unit HI-09 follows:

Figure 16 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (14)(ii)

[[Page 46471]]

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    (15) Unit HI-10: Kona Moku on Kauai, Kauai County, Hawaii.
    (i) Unit HI-10 consists of 14 ac (6 ha) in the communities of 
Hanapepe, Lawai, and Poipu on the island of Kauai. This unit is located 
approximately 6 mi (9 km) to the southwest and 7 mi (11 km) to the 
southeast of the community of Kalaheo, Kauai, and includes beach, 
coastal vegetation, sandy shoals, and emergent sandy lands from the 
MHWL to the line indicating the beginning of dense vegetation, cliff, 
or hardened or developed structures. This unit comprises five segments 
in four areas: one segment each on Hanapepe Salt Pond Beach and Wahiawa 
Beach, one segment on Lawai Kai Beach, one segment along Poipu Beaches, 
and one segment along Keoniloa Bay at Shipwreck Beach. Lands within 
this unit include approximately 4 ac (2 ha) in State ownership, 3 ac (1 
ha) in local government ownership, 6 ac (3 ha) in private/other 
ownership, and 1 ac (1 ha) that is uncategorized.
    (ii) Map of Unit HI-10 follows:

Figure 17 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (15)(ii)

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    (16) Unit HI-11: Northern Koolauloa Moku, Honolulu County, Hawaii.
    (i) Unit HI-11 consists of 132 ac (54 ha) in the communities of 
Haleiwa, Kahuku, Laie, and Hauula on the island of Oahu. This unit is 
located less than 1 mi (1 km) north and 11 mi (17 km) east of the 
community of Pupukea, Oahu, and includes beach, coastal vegetation, 
sandy shoals, and emergent sandy lands from the MHWL to the line 
indicating the beginning of dense vegetation, cliff, or hardened or 
developed structures. This unit comprises 12 segments in 5 areas: 1 
segment on Ehukai Beach; 2 segments within Kawela Bay; 1 segment each 
at Turtle Bay, Kaihalulu Beach, and Kahuku North Beach; 2 segments 
along the shoreline of James Campbell National Wildlife Refuge (NWR); 
and 1 segment each on Kahuku Golf Course Beach, Malaekahana Beach, 
Hauula Beach, and Makao Beach. Lands within this unit include 
approximately 24 ac (10 ha) in Federal ownership, 26 ac (10 ha) in 
State ownership, less than 1 ac (less than 1 ha) in local government 
ownership, 30 ac (12 ha) in private/other ownership, and 53 ac (21 ha) 
that are uncategorized.
    (ii) Map of Unit HI-11 follows:

Figure 18 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (16)(ii)

[[Page 46473]]

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    (17) Unit HI-12: Waialua Moku, Honolulu County, Hawaii.
    (i) Unit HI-12 consists of 82 ac (33 ha) in the communities of 
Mokuleia, Waialua, and Haleiwa. This unit is located approximately 26 
to 30 mi (42 to 49 km) northwest of the city of Honolulu, Oahu, and 
includes beach, sandy shoals, coastal vegetation, and emergent sandy 
lands from the MHWL to the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises 12 segments in 5 areas: 2 segments along Mokuleia Beach, 1 
segment that runs parallel to Croizer Drive, 2 segments within Alii 
Beach Park, 4 segments within Haleiwa Beach Park and Puaena Beach, and 
3 segments east of Puaena Point at Puaena Point to Papailoa Beach and 
at Chun's Reef. Lands within this unit include approximately less than 
1 ac (less than 1 ha) in Federal ownership, 7 ac (3 ha) in State 
ownership, 5 ac (2 ha) in local government ownership, 29 ac (12 ha) in 
private/other ownership, and 41 ac (17 ha) that are uncategorized.
    (ii) Maps of Unit HI-12 follow:

Figure 19 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (17)(ii)

[[Page 46474]]

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Figure 20 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (17)(ii)

[[Page 46475]]

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    (18) Unit HI-13: Waianae Moku, Honolulu County, Hawaii.
    (i) Unit HI-13 consists of 13 ac (5 ha) along the west coast of 
Oahu. This unit is located approximately 26 to 30 mi (41 to 49 km) 
northwest of city of Honolulu, Oahu, and includes beach, sandy shoals, 
coastal vegetation, and emergent sandy lands from the MHWL to the line 
indicating the beginning of dense vegetation. This unit comprises two 
segments south of Kaena Point at Puau Beach and Laukinui (a.k.a. Aki's 
Cove). Lands within this unit include approximately 13 ac (5 ha) in 
State ownership, less than 1 ac (less than 1 ha) in private ownership, 
and less than 1 ac (less than 1 ha) that is uncategorized.
    (ii) Map of Unit HI-13 follows:

Figure 21 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (18)(ii)

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    (19) Unit HI-14: Koolaupoko Moku, Honolulu County, Hawaii.
    (i) Unit HI-14 consists of 53 ac (22 ha) along the east coast of 
Oahu. This unit is located approximately 12 to 14 mi (20 to 22 km) 
north and east of city of Honolulu, Oahu, and includes beach, sandy 
shoals, coastal vegetation, and emergent sandy lands from the MHWL to 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises seven segments in 
four areas: one segment along the shores of Kaneohe Bay at Molii Beach; 
four segments along the east coast of Oahu on Kailua Beach, Bagley 
Beach (a.k.a. Sherwoods Beach), Kalapueo Beach, and Makapuu Beach; one 
segment at Manana Island (a.k.a Rabbit Island); and one segment along 
the southeast shore of Oahu at Sandy Beach. Lands within this unit 
include approximately 7 ac (3 ha) in State ownership, 3 ac (1 ha) in 
local government ownership, less than 1 ac (less than 1 ha) in private/
other ownership, and 42 ac (17 ha) that are uncategorized.
    (ii) Maps of Unit HI-14 follow:

Figure 22 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (19)(ii)

[[Page 46477]]

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Figure 23 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (19)(ii)

[[Page 46478]]

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    (20) Unit HI-15: Ewa Moku, Honolulu County, Hawaii.
    (i) Unit HI-15 consists of 9 ac (4 ha) in the community of Ewa 
Beach on the island of Oahu. This unit is located approximately 9 to 17 
mi (14 to 28 km) west of the city of Honolulu, Oahu, and includes 
beach, sandy shoals, coastal vegetation, and emergent sandy lands from 
the MHWL to the line indicating the beginning of dense vegetation, or 
hardened or developed structures. This unit comprises three segments in 
two areas west of Pearl Harbor: one segment on the southwest coast of 
Oahu at Lanikuhonua Beach, and two segments along Ewa Beach. Lands 
within this unit include approximately less than 1 ac (less than 1 ha) 
in local government ownership, 2 ac (1 ha) in private/other ownership, 
and 7 ac (3 ha) that are uncategorized.
    (ii) Map of Unit HI-15 follows:

Figure 24 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (20)(ii)

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    (21) Unit HI-16: Molokai, Maui and Kalawao Counties, Hawaii.
    (i) Unit HI-16 consists of 160 ac (65 ha) along the eastern and 
northern coasts of Molokai. This unit is located approximately 7 to 17 
mi (11 to 27 km) northwest to north of the town of Kaunakakai, Molokai, 
and includes beach, sandy shoals, coastal vegetation, and emergent 
sandy lands from the MHWL to the line indicating the beginning of dense 
vegetation or cliff. This unit comprises eight segments in five areas: 
two segments on Kawakiu Gulch Beach, two segments on Papohakumauliuli 
Beach, one segment each at Kepuhi Beach and Papohaku Beach, one segment 
at Kawasaloa Beach, and one segment at Awahua Beach (Kalaupapa National 
Historical Park). Lands within this unit include approximately 15 ac (6 
ha) in State ownership, 104 ac (42 ha) in private ownership, and 40 ac 
(16 ha) that are uncategorized.
    (ii) Map of Unit HI-16 follows:

Figure 25 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (21)(ii)

[[Page 46480]]

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    (22) Unit HI-17: Kaanapali Moku, Maui County, Hawaii.
    (i) Unit HI-17 consists of 34 ac (14 ha) along the northeast coast 
of Maui. This unit is located approximately 1 to 5 mi (2 to 8 km) 
northeast and southwest of the community of Kapalua, including beach, 
sandy shoals, coastal vegetation, and emergent sandy lands from the 
MHWL to the line indicating the beginning of dense vegetation or 
hardened or developed structures. This unit includes five segments in 
three areas: one segment on D.T. Fleming Beach Park; one segment on 
Alaeloa Beach; and one segment each on Pohakuanapali Beach, Honokowai 
Beach, and Kaanapali Beach 1. Lands within this unit include 
approximately 1 ac (less than 1 ha) in State ownership, 10 ac (4 ha) in 
private ownership, and 23 ac (9 ha) that are uncategorized.
    (ii) Map of Unit HI-17 follows:

Figure 26 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (22)(ii)

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    (23) Unit HI-18: Puali Komohana and Hamakuapoko Moku, Maui County, 
Hawaii.
    (i) Unit HI-18 consists of 73 ac (29 ha) on the northeast coastline 
of West Maui and the northwest coastline of East Maui, on the island of 
Maui. This unit is located approximately 5 to 8 mi (7 to 13 km) 
northwest to east of the community of Kahului, and includes beach, 
sandy shoals, coastal vegetation, and emergent sandy lands from the 
MHWL to the line indicating the beginning of dense vegetation, cliff, 
or hardened or developed structures. This unit comprises 16 segments in 
6 areas: northwest of Kahului Harbor, 1 segment each on Kalaeiliilii 
Beach, Waihee Beach, and Kaehu Beach; 4 segments by the Kahalui 
International Airport along Kanaha Beach; 1 segment along Papaula 
Point; 3 segments east of the Kahalui International Airport along 
Spreckelsville Beach; 1 segment on Kapukaulua Beach; 2 segments along 
Paia Bay; and 2 segments along Hamakuapoko-Hookipa Beach. Lands within 
this unit include approximately 17 ac (7 ha) in State ownership, 6 ac 
(2 ha) in local government ownership, 30 ac (12 ha) in private/other 
ownership, and 19 ac (8 ha) that are uncategorized.
    (ii) Maps of Unit HI-18 follow:

Figure 27 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (23)(ii)

[[Page 46482]]

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Figure 28 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (23)(ii)

[[Page 46483]]

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    (24) Unit HI-19: Lahaina Moku, Maui County, Hawaii.
    (i) Unit HI-19 consists of 32 ac (13 ha) from the communities of 
Kaanapali to Lahaina on the island of Maui. This unit is located 
approximately 1 to 3 mi (2 to 5 km) northwest and southeast of the town 
of Lahaina, and includes beach, sandy shoals, coastal vegetation, and 
emergent sandy lands from the MHWL to the line indicating the beginning 
of dense vegetation, or hardened or developed structures. This unit 
comprises three segments, one each at Kaanapali Beach, Wahikuli Beach, 
and Lahaina Beach. Lands within this unit include approximately less 
than 1 ac (less than 1 ha) in State ownership, 3 ac (1 ha) in local 
government ownership, 7 ac (3 ha) in private/other ownership, and 23 ac 
(9 ha) that are uncategorized.
    (ii) Map of Unit HI-19 follows:

Figure 29 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (24)(ii)

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    (25) Unit HI-20: South Puali Komohana and Kula Moku, Maui County, 
Hawaii.
    (i) Unit HI-20 consists of 17 ac (7 ha) along the shores of Maalaea 
Bay in Kihei on the island of Maui. This unit is located approximately 
13 to 17 mi (21 to 27 km) south of the town of Lahaina and includes 
beach, sandy shoals, coastal vegetation, and emergent sandy lands from 
the MHWL to the line indicating the beginning of dense vegetation, 
cliff, or hardened or developed structures. This unit comprises three 
segments, one each on Maalaea Beach, Kalepolepo Beach, and Kawililipoa 
Beach. Lands within this unit include approximately less than 1 ac 
(less than 1 ha) in Federal ownership, less than 1 ac (less than 1 ha) 
in State ownership, 4 ac (2 ha) in local government ownership, less 
than 1 ac (less than 1 ha) in private/other ownership, and 12 ac (5 ha) 
that are uncategorized.
    (ii) Map of Unit HI-20 follows:

Figure 30 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (25)(ii)

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    (26) Unit HI-21: Hana Moku, Maui County, Hawaii.
    (i) Unit HI-21 consists of 3 ac (1 ha) in the small rural community 
of Hana on the island of Maui. This unit is located approximately 46 mi 
(74 km) southeast of the town of Lahaina, and includes beach, sandy 
shoals, coastal vegetation, emergent sandy lands, and low shelving reef 
or rock above the MHWL to the line indicating the beginning of dense 
vegetation or cliff. This unit comprises three segments, two on Hamoa 
Beach and one on Hana Beach. Lands within this unit include 
approximately 2 ac (1 ha) in private ownership and 1 ac (less than 1 
ha) that is uncategorized.
    (ii) Map of Unit HI-21 follows:

Figure 31 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (26)(ii)

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    (27) Unit HI-22: Honuaula Moku, Maui County, Hawaii.
    (i) Unit HI-22 consists of less than 1 ac (less than 1 ha) along 
the south coast of the island of Maui. This unit is located 
approximately 22 to 25 mi (35 to 40 km) southeast of the town of 
Lahaina, and includes beach, emergent sandy lands, and low shelving 
reef or rock from the MHWL to the line indicating the beginning of 
dense vegetation, a lava rock, or hardened or developed structures. 
This unit comprises two segments at Makena Landing Beach and Mokuha 
Beach. Lands within this unit include approximately less than 1 ac 
(less than 1 ha) in State ownership and less than 1 ac (less than 1 ha) 
in private ownership.
    (ii) Map of Unit HI-22 follows:

Figure 32 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (27)(ii)

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    (28) Unit HI-23: Lanai Island, Maui County, Hawaii.
    (i) Unit HI-23 consists of consists of 161 ac (65 ha) along the 
north and northeast coast of Lanai on the island of Maui. This unit is 
located approximately 6 to 10 mi (10 to 16 km) northwest to northeast 
of Lanai City and includes beach, sandy shoals, coastal vegetation, and 
emergent sandy lands from the MHWL to the line indicating the beginning 
of dense vegetation. This unit comprises six segments in two areas: one 
segment at Polihua Beach and five segments in Koolau Moku. Lands within 
this unit include approximately 145 ac (59 ha) in private ownership and 
17 ac (7 ha) that are uncategorized.
    (ii) Map of Unit HI-23 follows:

Figure 33 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (28)(ii)

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    (29) Unit HI-24: Kahoolawe Island, Maui County, Hawaii.
    (i) Unit HI-24 consists of 3 ac (1 ha) along the west coast of the 
island of Kahoolawe. This unit is located approximately 25 mi (41 km) 
southeast of Lanai City and includes beach and coastal vegetation from 
the MHWL to the line indicating the beginning of dense vegetation. All 
lands within this unit are in State ownership.
    (ii) Map of Unit HI-24 follows:

Figure 34 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (29)(ii)

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    (30) Unit HI-25: South Kohala, Hawaii County, Hawaii.
    (i) Unit HI-25 consists of 33 ac (13 ha) in the community of Puako 
on the island of Hawaii. This unit is located approximately 52 to 55 mi 
(83 to 88 km) northwest of the town of Hilo, and includes beach, sandy 
shoals, coastal vegetation, emergent sandy lands, and low shelving reef 
or rock from the MHWL to the line indicating the beginning of dense 
vegetation or hardened or developed structures. This unit comprises 11 
segments in 3 areas: 1 segment each on Puako Bay, Waima Point, Kapuniau 
Point, Puako Beach Drive, Holoholokai Beach, Pauoa Bay Beach, 
Papakonani Boat Landing, and Nanuku Cove; 2 segments along Makaiwa Bay; 
and 1 segment along Waikoloa Bay. Lands within this unit include 
approximately 18 ac (7 ha) in State ownership, 9 ac (3 ha) in private 
ownership, and 7 ac (3 ha) that are uncategorized.
    (ii) Map of Unit HI-25 follows:

Figure 35 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (30)(ii)

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    (31) Unit HI-26: Kona Moku on Hawaii Island, Hawaii County, Hawaii.
    (i) Unit HI-26 consists of 50 ac (20 ha) in the communities of 
Kukio and Kailua-Kona on the island of Hawaii. This unit is located 
approximately 55 to 58 mi (89 to 93 km) west of the town of Hilo and 
includes beach, sandy shoals, and emergent sandy lands, and low 
shelving reef or rock from the MHWL to the line indicating the 
beginning of dense vegetation, lava flow, cliff, or hardened or 
developed structures. This unit comprises 15 segments in 4 areas: (1) 5 
segments along Kiholo Beach; 1 segment each along Kaupulehu Beach, 
Kaupulehu Coast, Kukio Bay, and Kikaua Beach; 1 segment each along 
Kaloko Point and Honokohau Bay, Waiaha Bay, and Kahaluu Beach (all 
south of the Kona International Airport); and 3 segments along Honaunau 
Bay. Lands within this unit include approximately 12 ac (5 ha) in 
Federal ownership, 15 ac (6 ha) in State ownership, less than 1 ac 
(less than 1 ha) in local government ownership, 10 ac (4 ha) in 
private/other ownership, and 13 ac (5 ha) that are uncategorized.
    (ii) Maps of Unit HI-26 follow:

Figure 36 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (31)(ii)

[[Page 46491]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.084

Figure 37 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (31)(ii)

[[Page 46492]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.085

Figure 38 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (31)(ii)

[[Page 46493]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.086

    (32) Unit HI-27: Hilo Moku, Hawaii County, Hawaii.
    (i) Unit HI-27 consists of 2 ac (1 ha) in the town of Hilo on the 
island of Hawaii. This unit is located approximately 4 to 5 mi (6 to 8 
km) northeast of the Hilo International Airport and includes beach, 
emergent sandy lands, and low shelving reef or rock from the MHWL to 
the line indicating the beginning of dense vegetation, cliff, or lava 
flow. This unit comprises two segments at Carl Smith Park and Leleiwi 
Park. Lands within this unit include approximately 1 ac (less than 1 
ha) in State ownership, less than 1 ac (less than 1 ha) in local 
government ownership, and 1 ac (less than 1 ha) that is uncategorized.
    (ii) Map of Unit HI-27, HI-28, and HI-29 follows:

Figure 39 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (32)(ii)

[[Page 46494]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.087

BILLING CODE 4333-15-C
    (33) Unit HI-28: Keaau, Hawaii County, Hawaii.
    (i) Unit HI-28 consists of 1 ac (less than 1 ha) in the community 
of Keaau on the island of Hawaii. This unit is located approximately 9 
mi (14 km) southeast of the town of Hilo and includes beach, emergent 
sandy lands, and low shelving reef or rock from the MHWL to the line 
indicating the beginning of dense vegetation. Lands within this unit 
include approximately less than 1 ac (less than 1 ha) in private 
ownership and less than 1 ac (less than 1 ha) that is uncategorized.
    (ii) Map of Unit HI-28 is provided at paragraph (32)(ii) of this 
entry.
    (34) Unit HI-29: Pohoiki Beach, Hawaii County, Hawaii.
    (i) Unit HI-29 consists of 9 ac (4 ha) in the community of Pahoa on 
the island of Hawaii. This unit is located approximately 24 mi (39 km) 
southeast of the town of Hilo and includes beach, sandy shoals, 
emergent sandy lands, and low shelving reef or rock from the MHWL to 
the line indicating the beginning of dense vegetation or lava flow. 
Lands within this unit include approximately less than 1 ac (less than 
1 ha) in State ownership, 4 ac (1 ha) in local government ownership, 
less than 1 ac (less than 1 ha) in private/other ownership, and 6 ac (2 
ha) that are uncategorized.
    (ii) Map of Unit HI-29 is provided at paragraph (32)(ii) of this 
entry.
    (35) Unit HI-30: Keauhou, Hawaii County, Hawaii.
    (i) Unit HI-30 consists of 16 ac (7 ha) in the community of Volcano 
on the island of Hawaii. This unit is located approximately 33 mi (53 
km) southwest

[[Page 46495]]

of the town of Hilo and includes black sand beach, sandy shoals, 
emergent sandy lands, and low shelving reef or rock from the MHWL to 
the line indicating the beginning of dense vegetation or lava flow. 
This unit comprises four segments in two areas: two segments along 
Halape Iki Beach and one segment each along Keauhou Point and Apua 
Point. Lands within this unit include approximately 9 ac (4 ha) in 
Federal ownership and 7 ac (3 ha) that are uncategorized.
    (ii) Map of Unit HI-30 follows:

BILLING CODE 4333-15-P

Figure 40 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (35)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.088

    (36) Unit HI-31: Kau Moku, Hawaii County, Hawaii.
    (i) Unit HI-31 consists of 17 ac (7 ha) along the southeast and 
southern coast of the island of Hawaii. This unit is located 
approximately 47 to 69 mi (75 to 111 km) southwest of the town of Hilo 
and includes black sand beach, sandy shoals, coastal vegetation, 
emergent sandy lands, and low shelving reef or rock from the MHWL to 
the line indicating the beginning of dense vegetation, cliff, or lava 
flow. This unit comprises 10 segments in 4 areas: 1 segment along the 
southwest coast of Hawaii Island on Awili Shoreline; 2 segments along 
Humuhumu Point; 1 segment each on Pohue Beach and

[[Page 46496]]

Kahakahakea Beach; and 1 segment each along the southeast shore coast 
of Hawaii Island on Kamehame Beach, Punaluu Beach, Puu Moa Point, 
Kapukini Shoreline, and Ninole Cove. Lands within this unit include 
approximately 5 ac (2 ha) in Federal ownership, 3 ac (1 ha) in State 
ownership, 4 ac (2 ha) in local government ownership, 4 ac (1 ha) in 
private/other ownership, and 2 ac (1 ha) that are uncategorized.
    (ii) Maps of Unit HI-31 follow:

Figure 41 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (36)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.089

Figure 42 to Green Sea Turtle (Chelonia mydas), Central North Pacific 
DPS paragraph (36)(ii)

[[Page 46497]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.090

BILLING CODE 4333-15-C
Green Sea Turtle (Chelonia mydas), Central South Pacific DPS
    (1) Within the Central South Pacific distinct population segment 
(DPS) of the green sea turtle, critical habitat units are depicted for 
the U.S. Territories of Palmyra Atoll and American Samoa on the maps in 
this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of green sea turtle consist of the 
following components:
    (i) Extra-tidal or dry sandy beaches from the mean high water 
line--the line on a chart or map that represents the intersection of 
the land with the water surface at the elevation of mean high water 
line--to areas of beach landward of the mean high water line and which 
contain the characteristics set forth in paragraphs (2)(i) through 
(iii) of this entry. These beaches include:
    (A) Habitat for green turtles to transit across beaches and for 
nest placement that includes:
    (1) Relatively unimpeded wet and dry sand or nearshore access areas 
from the ocean to the beach for nesting females and from the beach to 
the ocean for both post-nesting females and hatchlings; and
    (2) Drier sand areas located above mean high water in the 
supralittoral zone to avoid being inundated frequently by high tides.
    (B) Sand substrate that:
    (1) Allows for suitable nest construction;
    (2) Is suitable for facilitating gas diffusion conducive to embryo 
development;

[[Page 46498]]

    (3) Can develop and maintain temperatures and a moisture content 
conducive to embryo development; and
    (4) Allows for emergence of hatchlings from eggshells, through sand 
substrate to the beach surface.
    (ii) Nesting beach habitat with sufficient darkness such that 
nesting turtles are not deterred from emerging onto the beach and 
hatchlings and post-nesting females can orient to the sea.
    (iii) Natural coastal processes or artificially created or 
maintained habitat mimicking natural conditions. This includes 
artificial habitat types that mimic natural conditions described in 
paragraphs (2)(i) and (ii) of this entry for beach access, nest site 
selection, nest construction, egg deposition and incubation, and 
hatchling emergence and movement to the sea.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads and other paved areas, abandoned 
military structures, and hardened shorelines) and the land on which 
they are located existing within the legal boundaries on the effective 
date of the final rule.
    (4) Data layers defining map units were created using green sea 
turtle survey and distribution data provided by multiple local and 
regional sources as available (e.g., reports, databases, and species 
expert knowledge) and as maintained by the National Oceanic and 
Atmospheric Administration's Pacific Fisheries Science Center, 
universities, and local government. Landforms were primarily delineated 
based on the most current available aerial maps. The maps in this 
entry, as modified by any accompanying regulatory text, establish the 
boundaries of the terrestrial critical habitat designation. The 
coordinates or plot points or both on which each map is based are 
available to the public at the USFWS's internet site at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS-R4-ES-2022-
0164, and at the two field offices responsible for this designation. 
You may obtain field office location information by contacting one of 
the USFWS regional offices, the addresses of which are listed at 50 CFR 
2.2.
    (5) Index map follows:

BILLING CODE 4333-15-P

Figure 1 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (5)

[[Page 46499]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.091

    (6) Unit AS-01: Palmyra Atoll, Incorporated Unorganized Territory 
of the United States.
    (i) Unit AS-01 consists of 22 acres (ac) (9 hectares (ha)) on 
Palmyra Atoll, the second northernmost atoll in the Northern Line 
Islands, which is located approximately 1,512 miles (mi) (2,434 
kilometers (km)) north of Pago Pago, the territorial capital village of 
American Samoa on Tutuila Island, American Samoa (also known as 
(a.k.a.) Amerika Samoa). This unit includes beach, coastal vegetation, 
and sandy shoals from the mean high water line (MHWL) to the line 
indicating the beginning of dense vegetation or now abandoned 
structures. This unit comprises three segments on Strawn, Cooper, and 
Aviation Islands. Lands within this unit include approximately 7 ac (3 
ha) in Federal ownership and 15 ac (6 ha) in private ownership.
    (ii) Map of Unit AS-01 follows:

Figure 2 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (6)(ii)

[[Page 46500]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.092

    (7) Unit AS-02: Swains Island, Territory of American Samoa.
    (i) Unit AS-02 consists of 125 ac (50 ha) on Swains Island, Swains 
Island Atoll, which is located approximately 224 mi (360 km) north of 
Pago Pago, the territorial capital village of American Samoa on Tutuila 
Island. This unit includes beach, coastal vegetation, and sandy shoals 
from the MHWL to the line indicating the beginning of dense vegetation 
or hardened or developed structures. All lands within this unit are 
uncategorized ownership.
    (ii) Map of Unit AS-02 follows:

Figure 3 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (7)(ii)

[[Page 46501]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.093

    (8) Unit AS-03: Ofu and Olosega Islands, Manua Island Group, 
Territory of American Samoa.
    (i) Unit AS-03 consists of 49 ac (20 ha) on Ofu and Olosega 
Islands, the westernmost islands in the Manua Island Group, which is 
located approximately 69 to 72 mi (111 to 116 km) slightly northeast of 
Pago Pago, the territorial capital village of American Samoa on Tutuila 
Island. This unit includes beach, coastal vegetation, and sandy shoals 
from the MHWL to the line indicating the beginning of dense vegetation, 
cliff, or hardened or developed structures. This unit comprises 12 
segments in 9 areas: 2 segments along the northeast coast of Ofu Island 
at Tuafanua and Mafafa, 2 segments along Asagatai, 3 segments along the 
southeast coastline of Ofu at Toaga, 1 segment northeast of Ofu Airport 
at Fatauana, 1 segment surrounding the Ofu Airport at Vaoto, 1 segment 
northwest of the Ofu Airport at Matasina, 1 segment along the north 
coast of Olosega Island within the village of Sili and the settlements 
of Faiava and Lalomoana, and 1 segment along the south coast of Olosega 
Island within the village of Olosega. All lands within this unit are 
uncategorized ownership.
    (ii) Maps of Unit AS-03 follow:

Figure 4 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (8)(ii)

[[Page 46502]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.094

Figure 5 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (8)(ii)

[[Page 46503]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.095

    (9) Unit AS-04: Tau Island, Manua Island Group, Territory of 
American Samoa.
    (i) Unit AS-04 consists of 34 ac (14 ha) on Tau Island, the 
easternmost island in the Manua Island Group, which is located 
approximately 80 to 85 mi (129 to 137 km) east of Pago Pago, the 
territorial capital village of American Samoa on Tutuila Island. This 
unit includes beach, coastal vegetation, and sandy shoals from the MHWL 
to the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises six segments in 
three areas: one segment along the east coast of Tau Island at Luamaa-
Saua Beach (13 ac (5 ha)); one segment each along the south coast at 
Maefu Beach (4 ac (1 ha)) and Lepisi Beach (6 ac (2 ha)); and three 
segments along the western coast of Tau at the old Amouli Village 
(Amouli Beach) (7 ac (3 ha)), Afuli Cove Beach (3 ac (1 ha)), and 
Fagamolo Cove Beach (1 ac (less than 1 ha)). All lands within this unit 
are uncategorized ownership.
    (ii) Map of Unit AS-04 follows:

Figure 6 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (9)(ii)

[[Page 46504]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.096

    (10) Unit AS-05: Aunuu Island, Manua Island Group, Territory of 
American Samoa.
    (i) Unit AS-05 consists of 3 ac (1 ha) on Aunuu Island, which is 
located approximately 10 mi (15 km) east of Pago Pago, the territorial 
capital village of American Samoa on Tutuila Island. This unit includes 
beach, coastal vegetation, and sandy shoals from the MHWL to the line 
indicating the beginning of dense vegetation and hardened or developed 
structures. All lands within this unit are uncategorized ownership.
    (ii) Map of Unit AS-05 follows:

Figure 7 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (10)(ii)

[[Page 46505]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.097

    (11) Unit AS-06: Rose Atoll, Territory of American Samoa.
    (i) Unit AS-06 consists of 10 ac (4 ha) on Rose Atoll (a.k.a. Motu 
o Manu), American Samoa, which is located approximately 260 mi (418 km) 
east of Pago Pago, the territorial capital village of American Samoa on 
Tutuila Island. This unit includes beach, coastal vegetation, and sandy 
shoals from the MHWL to the line indicating the beginning of dense 
vegetation or hardened or developed structures. This unit comprises two 
segments on Sand Island and Rose Island. All lands within this unit are 
in Federal ownership.
    (ii) Map of Unit AS-06 follows:

Figure 8 to Green Sea Turtle (Chelonia mydas), Central South Pacific 
DPS paragraph (11)(ii)

[[Page 46506]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.098

BILLING CODE 4333-15-C
Green Sea Turtle (Chelonia mydas), Central West Pacific DPS
    (1) Within the Central West Pacific distinct population segment 
(DPS) of the green sea turtle, critical habitat units are depicted for 
the U.S. Territory of Guam and the Commonwealth of the Northern Mariana 
Islands on the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of green sea turtle consist of the 
following components:
    (i) Extra-tidal or dry sandy beaches from the mean high water 
line--the line on a chart or map that represents the intersection of 
the land with the water surface at the elevation of mean high water 
line--to areas of beach landward of the mean high water line and which 
contain the characteristics set forth in paragraphs (2)(i) through 
(iii) of this entry. These beaches include:
    (A) Habitat for green turtles to transit across beaches and for 
nest placement that include:
    (1) Relatively unimpeded wet and dry sand or nearshore access areas 
from the ocean to the beach for nesting females and from the beach to 
the ocean for both post-nesting females and hatchlings; and
    (2) Drier sand areas located above mean high water in the 
supralittoral zone to avoid being inundated frequently by high tides.
    (B) Sand substrate that:

[[Page 46507]]

    (1) Allows for suitable nest construction;
    (2) Is suitable for facilitating gas diffusion conducive to embryo 
development;
    (3) Can develop and maintain temperatures and a moisture content 
conducive to embryo development; and
    (4) Allows for emergence of hatchlings from eggshells, through sand 
substrate to the beach surface.
    (ii) Nesting beach habitat with sufficient darkness such that 
nesting turtles are not deterred from emerging onto the beach and 
hatchlings and post-nesting females can orient to the sea.
    (iii) Natural coastal processes or artificially created or 
maintained habitat mimicking natural conditions. This includes 
artificial habitat types that mimic natural conditions described in 
paragraphs (2)(i) and (ii) of this entry for beach access, nest site 
selection, nest construction, egg deposition and incubation, and 
hatchling emergence and movement to the sea.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads and other paved areas, abandoned 
military structures, and hardened shorelines) and the land on which 
they are located existing within the legal boundaries on the effective 
date of the final rule.
    (4) Data layers defining map units were created using green sea 
turtle distribution data provided by multiple local and regional 
sources as available (e.g., reports, databases, and data maintained by 
the National Oceanic and Atmospheric Administration's Pacific Fisheries 
Science Center, universities, local governments, and nonprofit 
organizations across the range of the species). Landforms were 
primarily delineated based on the most current available aerial maps. 
The maps in this entry, as modified by any accompanying regulatory 
text, establish the boundaries of the terrestrial critical habitat 
designation. The coordinates or plot points or both on which each map 
is based are available to the public at the USFWS's internet site at 
https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS-R4-ES-
2022-0164, and at the two field offices responsible for this 
designation. You may obtain field office location information by 
contacting one of the USFWS regional offices, the addresses of which 
are listed at 50 CFR 2.2.
    (5) Two index maps follow:

Figure 1 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (5)

BILLING CODE 4333-15-P

[[Page 46508]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.099

Figure 2 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (5)

[[Page 46509]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.100

    (6) Unit GU-01: Ritidian Point and Uruno Beach, Guam Island, 
Territory of Guam.
    (i) Unit GU-01 consists of 37 acres (ac) (15 hectares (ha)) in 
Dededo (also known as (a.k.a.) Dedidu) and Yigo (a.k.a. Yigu) Villages 
in the northern part of Guam and is located approximately 12 miles (mi) 
(19 kilometers (km)) northeast of the Capital Village of Hagatna. This 
unit includes beach, coastal vegetation, and atoll forest from the mean 
high water line (MHWL) to the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises six segments in two areas: Ritidian Beach (a.k.a. Litekyan 
Village, Guam National Wildlife Refuge (NWR), and Ritidian Point), and 
along Uruno Beach (a.k.a. Urunao Beach) and Falcona Beach. Lands within 
this unit include approximately 18 ac (7 ha) in Federal ownership, less 
than 1 ac (less than 1 ha) in Territorial ownership, 13 ac (5 ha) in 
private ownership, and 6 ac (2 ha) that are uncategorized.
    (ii) Map of Unit GU-01 follows:

Figure 3 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (6)(ii)

[[Page 46510]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.101

    (7) Unit GU-02: Jinapsan Beach, Guam Island, Territory of Guam.
    (i) Unit GU-02 consists of 14 ac (6 ha) at Jinapsan (a.k.a. 
Hinapsan) Beach in Yigo (a.k.a. Yigu) Village in the northern part of 
Guam and is located approximately 14 mi (23 km) northeast of the 
Capital Village of Hagatna. This unit includes beach, coastal 
vegetation, and atoll forest from the MHWL to the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. Lands within this unit include approximately 4 ac (1 ha) in 
Federal ownership, 3 ac (1 ha) in private ownership, and 8 ac (3 ha) 
that are uncategorized.
    (ii) Map of Unit GU-02 follows:

Figure 4 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (7)(ii)

[[Page 46511]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.102

    (8) Unit GU-03: Tanguisson, Guam Island, Territory of Guam.
    (i) Unit GU-03 consists of 12 ac (5 ha) in Dededo (a.k.a. Dedidu) 
Village on the west side of northern Guam and is located approximately 
7 mi (11 km) northeast of the Capital Village of Hagatna. This unit 
includes beach, coastal vegetation, and atoll forest from the MHWL to 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises seven segments in 
two areas: one segment at Shark's Cove, and six segments along 
Tanguisson Beach. Lands within this unit include approximately 6 ac (2 
ha) in Territorial ownership and 6 ac (2 ha) that are uncategorized.
    (ii) Map of Unit GU-03 follows:

Figure 5 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (8)(ii)

[[Page 46512]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.103

    (9) Unit GU-04: Tumon Bay, Guam Island, Territory of Guam.
    (i) Unit GU-04 consists of 14 ac (6 ha) in Tamuning-Tumon (a.k.a. 
Tamuneng-Tomhom) and Dededo (a.k.a. Dedidu) Villages, northern Guam, 
part of the Territory of Guam. This unit is located approximately 3 mi 
(5 km) northeast of the Capital Village of Hagatna, and includes beach, 
coastal vegetation, and atoll forest from the MHWL. The landward 
boundary is the line indicating the beginning of dense vegetation, 
cliff, or hardened or developed structures. This unit comprises four 
segments in four areas, including on Amantes Beach, Fafai Beach (a.k.a. 
Gun Beach), Gonga Beach, and Tumon Bay South Beach. Lands within this 
unit include approximately 10 ac (4 ha) in private ownership and 4 ac 
(1 ha) that are uncategorized.
    (ii) Map of Unit GU-04 follows:

Figure 6 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (9)(ii)

[[Page 46513]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.104

    (10) Unit GU-05: Hagatna Bay, Guam Island, Territory of Guam.
    (i) Unit GU-05 consists of 7 ac (3 ha) in East Agana Bay, Tamuning-
Tumon (a.k.a. Tamuneng-Tomhom) Village on the west coast of northern 
Guam and is located approximately 1 mi (less than 1 km) northeast of 
the Capital Village of Hagatna. This unit includes beach and sandy 
shoals from the MHWL to the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises three segments, including two segments on Dungcas Beach and 
one segment on Trinchera Beach. Lands within this unit include 
approximately 1 ac (less than 1 ha) in private ownership and 6 ac (3 
ha) that are uncategorized.
    (ii) Map of Unit GU-05 follows:

Figure 7 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (10)(ii)

[[Page 46514]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.105

    (11) Unit GU-06: Cabras Island, Guam Island, Territory of Guam.
    (i) Unit GU-06 consists of 8 ac (3 ha) in Piti Village on the east 
coast of central Guam, which is located approximately 8 mi (13 km) west 
of the Capital Village of Hagatna. This unit includes beach and coastal 
vegetation from the MHWL to the line indicating the beginning of dense 
vegetation or hardened or developed structures. This unit comprises 
five segments in two areas: two segments at Sea Plane Ramp along Apra 
Harbor and along the Philippine Sea, and three segments on Cabras 
Beach. Lands within this unit include less than 1 ac (less than 1 ha) 
in private ownership and 8 ac (3 ha) that are uncategorized.
    (ii) Map of Unit GU-06 follows:

Figure 8 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (11)(ii)

[[Page 46515]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.106

    (12) Unit GU-07: Agat Bay, Guam Island, Territory of Guam.
    (i) Unit GU-07 consists of 1 ac (less than 1 ha) in Agat Bay 
(a.k.a. Hagat Bay) in Aagat Village (a.k.a. Hagat Village) on the west 
coast of central Guam, which is located approximately 9 mi (14 km) 
southwest of the Capital Village of Hagatna. This unit includes beach 
and coastal vegetation from the MHWL to the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. Lands within this unit include approximately less than 1 ac 
(less than 1 ha) in Federal ownership and less than 1 ac (less than 1 
ha) that is uncategorized.
    (ii) Map of Unit GU-07 follows:

Figure 9 to Green Sea Turtle (Chelonia mydas), Central West Pacific DPS 
paragraph (12)(ii)

[[Page 46516]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.107

    (13) Unit GU-08: Pago Point to Ylig Bay, Guam Island, Territory of 
Guam.
    (i) Unit GU-08 consists of 2 ac (1 ha) Yona Village in central 
Guam, approximately 5 mi (8 km) southeast of the Capital Village of 
Hagatna. This unit includes beach, coastal vegetation, and atoll forest 
from the MHWL to the line indicating the beginning of dense vegetation, 
cliff, or hardened or developed structures. This unit comprises four 
small segments in three areas: one segment on Nasgon Beach, two 
segments on Tagachan Beach, and one segment in Ylig Bay (a.k.a. Ilig 
Bay) at Turtle Beach. Lands within this unit include approximately 2 ac 
(1 ha) in private ownership and less than 1 ac (less than 1 ha) that is 
uncategorized.
    (ii) Map of Unit GU-08 follows:

Figure 10 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (13)(ii)

[[Page 46517]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.108

    (14) Unit GU-09: Talofofo Village, Guam Island, Territory of Guam.
    (i) Unit GU-09 consists of 4 ac (2 ha) in Talofofo Village on the 
eastern coast of southern Guam and is located approximately 8 mi (14 
km) south of the Capital Village of Hagatna. This unit includes beach, 
coastal vegetation, and atoll forest from the MHWL to the line 
indicating the beginning of dense vegetation, cliff, or hardened or 
developed structures. This unit comprises four segments: two segments 
at Togcha Beach, one segment on Ipan Beach, and one segment in Inarajan 
Bay at Gayloup Cove. Lands within this unit include approximately 2 ac 
(1 ha) in private ownership and 3 ac (1 ha) that are uncategorized.
    (ii) Map of Unit GU-09 follows:

Figure 11 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (14)(ii)

[[Page 46518]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.109

    (15) Unit GU-10: Humatak Village, Guam Island, Territory of Guam.
    (i) Unit GU-10 consists of 7 ac (3 ha) in Humatak Village along the 
western coast of southern Guam, located approximately 13 mi (20 km) 
southwest of the Capital Village of Hagatna. This unit includes beach 
habitat from the MHWL to the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
comprises four segments, one each on Sagua Beach, Achuga Valley Beach, 
Sella Bay, and Cetti Bay. Lands within this unit include approximately 
1 ac (1 ha) in private ownership and 6 ac (3 ha) that are 
uncategorized.
    (ii) Map of Unit GU-10 follows:

Figure 12 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (15)(ii)

[[Page 46519]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.110

    (16) Unit GU-11: Nomna Bay, Guam Island, Territory of Guam.
    (i) Unit GU-11 consists of less than 1 ac (less than 1 ha) in 
Talofofo Village on the eastern coast of southern Guam, which is 
located approximately 10 mi (15 km) southeast of the Capital Village of 
Hagatna. This unit includes beach from the MHWL to the line indicating 
the beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises two segments in Nomna Bay (a.k.a. 
Nomnia Bay) at Perez Beach. All land within this unit is uncategorized 
ownership.
    (ii) Map of Units GU-11, GU-12, and GU-13 follows:

Figure 13 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (16)(ii)

[[Page 46520]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.111

    (17) Unit GU-12: Inarajan Bay, Guam Island, Territory of Guam.
    (i) Unit GU-12 consists of 4 ac (1 ha) in Inarajan Village (a.k.a. 
Inalahan Village) on the east coast of southern Guam, which is located 
approximately 13 mi (22 km) southeast of the Capital Village of 
Hagatna. This unit includes beach and coastal vegetation from the MHWL 
to the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises two segments, one 
each on Guaifan shoreline and along Inarajan Bay (a.k.a. Inalahan 
Beach). Lands within this unit include approximately 1 ac (less than 1 
ha) in private ownership and 3 ac (1 ha) that are uncategorized.
    (ii) Map of Unit GU-12 is provided at paragraph (16)(ii) of this 
entry.
    (18) Unit GU-13: Agfayan Point to Aga Point, Guam Island, Territory 
of Guam.
    (i) Unit GU-13 consists of 5 ac (2 ha) in Inarajan Village (a.k.a. 
Inalahan Village) between Agfayan Point (a.k.a. Akfayan Point) and Aga 
Point on the south coast of Guam and is located approximately 16 mi (25 
km) southeast of the Capital Village of Hagatna. This unit includes 
beach and coastal vegetation from the MHWL to the line indicating the 
beginning of dense vegetation, cliff, or hardened or developed 
structures. This unit comprises four segments in three areas: one 
segment on Lada Beach, two segments on Acho Beach and Atao Beach, one 
segment on Tonan Beach. Lands within this unit include less than

[[Page 46521]]

2 ac (1 ha) in private ownership and less than 4 ac (1 ha) that are 
uncategorized.
    (ii) Map of Unit GU-13 is provided at paragraph (16)(ii) of this 
entry.
    (19) Unit GU-14: Cocos Island, Guam Island, Territory of Guam.
    (i) Unit GU-14 consists of 8 ac (3 ha) in Cocos Island (a.k.a. Dano 
Village), an island off the south coast of Guam, and is located 
approximately 17 mi (27 km) southwest of the Capital Village of Hagatna 
that occurs on the main island. The unit includes beach, coastal 
vegetation, and atoll forest from the MHWL to the line indicating the 
beginning of dense vegetation or hardened or developed structures. This 
unit comprises two segments along Cocos Island Beach. Lands within this 
unit include approximately 1 ac (less than 1 ha) in private ownership 
and 7 ac (3 ha) that are uncategorized.
    (ii) Map of Unit GU-14 follows:

Figure 14 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (19)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.112

    (20) Unit MP-01: Agrihan Island, Saipan Island, Commonwealth of the 
Northern Mariana Islands (CNMI).
    (i) Unit MP-01 consists of 44 ac (18 ha) along the southwest coast 
of Agrihan (a.k.a. Agrigran) Island in the northern part of the Mariana 
Archipelago, part of the CNMI (a.k.a. Sankattan Siha Na Islas Marianas, 
Commonwealth Teel Faluw

[[Page 46522]]

kka Efang Ilol Marianas). This unit is located approximately 199 mi 
(320 km) north of Capitol Hill, Saipan (a.k.a. Saipan, Seipel), and 
includes beach and coastal vegetation from the MHWL to the line 
indicating the beginning of dense vegetation, cliff, or hardened or 
developed structures. This unit comprises five segments along the 
southwest side of Agrihan Island on Agrihan Beach. All lands within 
this unit are uncategorized ownership.
    (ii) Map of Unit MP-01 follows:

Figure 15 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (20)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.113

    (21) Unit MP-02: Pagan Island, Saipan Island, Commonwealth of the 
Northern Mariana Islands.
    (i) Unit MP-02 consists of 12 ac (5 ha) along the western coast on 
Pagan Island in the northern part of the Mariana Archipelago and is 
located approximately 203 mi (326 km) north of Capitol Hill, Saipan. 
This unit includes beach and coastal vegetation from the MHWL to the 
line indicating the beginning of dense vegetation or cliff. This unit 
comprises three segments in two areas: two segments, one each along 
Shomushon Bay (a.k.a. Red Beach) and Apaan Bay (a.k.a. Green Beach), 
and one segment along the west side of Mount

[[Page 46523]]

Togari. All lands within this unit are uncategorized ownership.
    (ii) Map of Unit MP-02 follows:

Figure 16 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (21)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.114

    (22) Unit MP-03: Wing Beach and Bird Island, Saipan Island, 
Commonwealth of the Northern Mariana Islands.
    (i) Unit MP-03 consists of 7 ac (3 ha) in Marpi Village, 
northwestern and northeastern coast of Saipan, and is located 
approximately 4 mi (7 km) northeast of Capitol Hill, Saipan. This unit 
includes beach, coastal vegetation, and atoll forest from the MHWL to 
the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises three segments, 
including one on Wing Beach (a.k.a. Unai Makpe) on the northwestern 
coast, and two adjacent segments at Bird Island (a.k.a. Unai 
Fanonchuluyan). Lands within this unit include approximately 4 ac (2 
ha) in Commonwealth ownership and 3 ac (1 ha) that are uncategorized.
    (ii) Map of Unit MP-03 follows:

Figure 17 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (22)(ii)

[[Page 46524]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.115

    (23) Unit MP-04: Managaha Island and Unai Makaka, Saipan Island, 
Commonwealth of the Northern Mariana Islands.
    (i) Unit MP-04 consists of 21 ac (9 ha) on the western coast of 
Saipan and is located approximately 3 mi (5 km) northwest of Capitol 
Hill, Saipan. This unit includes beach, coastal vegetation, and atoll 
forest from the MHWL to the line indicating the beginning of dense 
vegetation, cliff, or hardened or developed structures. This unit 
includes two segments in two areas: beach surrounding Managaha Island 
(directly north of Unai Makaka) and Lagunan Garapan on Unai Makaka. 
Lands within this unit include approximately 5 ac (2 ha) in 
Commonwealth ownership, less than 1 ac (less than 1 ha) in private 
ownership, and 16 ac (6 ha) that are uncategorized.
    (ii) Map of Unit MP-04 follows:

Figure 18 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (23)(ii)

[[Page 46525]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.116

    (24) Unit MP-05: Eastern Saipan, Saipan Island, Commonwealth of the 
Northern Mariana Islands.
    (i) Unit MP-05 consists of 18 ac (7 ha) along the east coast of 
Saipan and is located approximately 2 mi (3 km) southeast of Capitol 
Hill, Saipan. This unit includes beach and coastal vegetation from the 
MHWL to the line indicating the beginning of dense vegetation, cliff, 
or hardened or developed structures. This unit comprises nine segments 
in two areas: one segment each on Old Man by the Sea Beach, Unai 
Halaihai (a.k.a. Marine Beach), and Unai Laolao Kattan (a.k.a. Tank 
Beach), as well as two segments south of Tank Beach on Tank Pocket 
Beach; and four segments in Laolao Bay at Unai Laolao and Unai Baput. 
Lands within this unit include approximately 9 ac (4 ha) in 
Commonwealth ownership, 1 ac (less than 1 ha) in private ownership, and 
8 ac (3 ha) that are uncategorized.
    (ii) Map of Unit MP-05 follows:

Figure 19 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (24)(ii)

[[Page 46526]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.117

    (25) Unit MP-06: Southern Saipan, Saipan Island, Commonwealth of 
the Northern Mariana Islands.
    (i) Unit MP-06 consists of 8 ac (3 ha) along the southern coast of 
Saipan and is located approximately 8 mi (13 km) northeast of Capitol 
Hill, Saipan. This unit includes beach and coastal vegetation from the 
MHWL to the line indicating the beginning of dense vegetation, cliff, 
or hardened or developed structures. This unit comprises five segments 
in three areas: two segments near the west end of the Saipan Airport 
runway at Unai Denikuio Agingan (a.k.a. Coral Ocean Point), two 
segments along the south coast of Saipan at Unai Peo (a.k.a. Ladder 
Beach) and Unai Obyan, and one segment at Boy Scout Beach along the 
west coast of the Naftan Peninsula. Lands within this unit include 
approximately 1 ac (less than 1 ha) in Commonwealth ownership and 7 ac 
(3 ha) that are uncategorized.
    (ii) Map of Unit MP-06 follows:

Figure 20 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (25)(ii)

[[Page 46527]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.118

    (26) Unit MP-07: Western Tinian, Tinian Island, Commonwealth of the 
Northern Mariana Islands.
    (i) Unit MP-07 consists of 6 ac (3 ha) along the western coast of 
Tinian Island and is located approximately 2 mi (2 km) northwest of San 
Jose Village. This unit includes beach and coastal vegetation from the 
MHWL to the line indicating the beginning of dense vegetation, cliff, 
or hardened or developed structures. This unit is comprised of six 
segments, one each at Barcinas Cove, Turtle Beach, Leprosarium Beach, 
Red Beach, Kammer Beach, and Tachogna Beach. Lands within this unit 
include approximately 3 ac (1 ha) in Commonwealth ownership and 4 ac (1 
ha) that are uncategorized.
    (ii) Map of Unit MP-07 follows:

Figure 21 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (26)(ii)

[[Page 46528]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.119

    (27) Unit MP-08: Northern Rota, Rota Island, Commonwealth of the 
Northern Mariana Islands.
    (i) Unit MP-08 consists of 54 ac (22 ha) on northern Rota Island, 
the second-most southern island in the Mariana archipelago, and is 
located approximately 3 mi (5 km) to 7 mi (11 km) northeast of Songsong 
Village. This unit includes beach and coastal vegetation from the MHWL 
to the line indicating the beginning of dense vegetation, cliff, or 
hardened or developed structures. This unit comprises six segments in 
two areas: one segment north of Rota International Airport along 
Mochong Beach; and five segments west of Rota International Airport 
along Tatgua Beach, Teteto Beach, Uyulan Beach, and Songton Beach. 
Lands within this unit include approximately 44 ac (18 ha) in 
Commonwealth ownership, 2 ac (1 ha) in private ownership, and 9 ac (4 
ha) that are uncategorized.
    (ii) Map of Unit MP-08 follows:

Figure 22 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (27)(ii)

[[Page 46529]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.120

    (28) Unit MP-09: Southern Rota, Rota Island, Commonwealth of the 
Northern Mariana Islands.
    (i) Unit MP-09 consists of 9 ac (4 ha) on southern Rota Island and 
is located approximately 2 mi (3 km) southeast of Songsong Village. 
This unit includes beach, coastal vegetation, and atoll forest from the 
MHWL to the line indicating the beginning of dense vegetation, cliff, 
or hardened or developed structures. This unit comprises nine segments 
in four areas: four segments southeast of Teneto Village along Tatka 
Beach in Sasanhaya Bay, one segment at Coral Garden Beach, two segments 
on Okgok Beach and one segment on Apanon Beach, and one segment on 
Malilok Beach. Lands within this unit include approximately 8 ac (3 ha) 
in Commonwealth ownership, less than 1 ac (less than 1 ha) in private 
ownership, and 1 ac (1 ha) that is uncategorized.
    (ii) Map of Unit MP-09 follows:

Figure 23 to Green Sea Turtle (Chelonia mydas), Central West Pacific 
DPS paragraph (28)(ii)

[[Page 46530]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.121

BILLING CODE 4333-15-C
Green Sea Turtle (Chelonia mydas), North Atlantic DPS
    (1) Within the North Atlantic distinct population segment (DPS) of 
the green sea turtle, critical habitat units are depicted for Brevard, 
Broward, Charlotte, Escambia, Flagler, Franklin, Gulf, Indian River, 
Lee, Martin, Monroe, Palm Beach, Sarasota, St. Johns, St. Lucie, 
Volusia, and Walton Counties in the State of Florida; and on Mona 
Island, Vieques Island, and the Municipalities of Guayama and Maunabo 
in the Commonwealth of Puerto Rico on the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of green sea turtle consist of the 
following components:
    (i) Extra-tidal or dry sandy beaches from the mean high water 
line--the line on a chart or map that represents the intersection of 
the land with the water surface at the elevation of mean high water 
line--to areas of beach landward of the mean high water line and which 
contain the characteristics set forth in paragraphs (2)(i) through 
(iii) of this entry. These beaches include:
    (A) Habitat for green turtles to transit across beaches and for 
nest placement that includes:
    (1) Relatively unimpeded wet and dry sand or nearshore access areas 
from the ocean to the beach for nesting females and from the beach to 
the ocean for both post-nesting females and hatchlings; and
    (2) Drier sand areas located above mean high water in the 
supralittoral zone to avoid being inundated frequently by high tides.
    (B) Sand substrate that:
    (1) Allows for suitable nest construction;
    (2) Is suitable for facilitating gas diffusion conducive to embryo 
development;
    (3) Can develop and maintain temperatures and a moisture content 
conducive to embryo development; and
    (4) Allows for emergence of hatchlings from eggshells, through sand 
substrate to the beach surface.
    (ii) Nesting beach habitat with sufficient darkness such that 
nesting turtles are not deterred from emerging onto the beach and 
hatchlings and post-nesting females can orient to the sea.
    (iii) Natural coastal processes or artificially created or 
maintained habitat

[[Page 46531]]

mimicking natural conditions. This includes artificial habitat types 
that mimic natural conditions described in paragraphs (2)(i) and (ii) 
of this entry for beach access, nest site selection, nest construction, 
egg deposition and incubation, and hatchling emergence and movement to 
the sea.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads and other paved areas, abandoned 
military structures, and hardened shorelines) and the land on which 
they are located existing within the legal boundaries on the effective 
date of the final rule.
    (4) Data layers defining map units were created using green sea 
turtle distribution data provided by multiple local and regional 
sources as available (e.g., published data, unpublished reports, 
databases, and State data maintained by the Florida Fish and Wildlife 
Coastal Commission, universities, local governments, and nonprofit 
organizations across the range of the species). Landforms were 
primarily delineated based on the most current available aerial maps. 
The maps in this entry, as modified by any accompanying regulatory 
text, establish the boundaries of the terrestrial critical habitat 
designation. The coordinates or plot points or both on which each map 
is based are available to the public at the USFWS's internet site at 
https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS-R4-ES-
2022-0164, and at the two field offices responsible for this 
designation. You may obtain field office location information by 
contacting one of the USFWS regional offices, the addresses of which 
are listed at 50 CFR 2.2.
    (5) Three index maps follow:

BILLING CODE 4333-15-P

Figure 1 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (5)

[[Page 46532]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.122

Figure 2 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (5)

[[Page 46533]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.123

Figure 3 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (5)

[[Page 46534]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.124

    (6) Unit FL-01: Guana Tolomato Matanzas National Estuarine Research 
Reserve--Guana River Site, St. Johns County, Florida.
    (i) Unit FL-01 consists of approximately 112 acres (ac) (45 
hectares (ha)) of Atlantic Ocean shoreline that includes beach, dune, 
and coastal vegetation within the boundaries of the Guana Tolomato 
Matanzas National Estuarine Research Reserve--Guana River Site. The 
unit includes lands from the mean high water line (MHWL) to the toe of 
the secondary dune or developed structures. Lands within this unit are 
entirely within State ownership.
    (ii) Map of Unit FL-01 follows:

Figure 4 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (6)(ii)

[[Page 46535]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.125

    (7) Unit FL-02: Washington Oaks Gardens State Park to North 
Peninsula State Park, Flagler and Volusia Counties, Florida.
    (i) Unit FL-02 consists of approximately 307 ac (124 ha) of 
Atlantic Ocean shoreline that includes beach, dune, and coastal 
vegetation. The unit extends from the northern boundary of Washington 
Oaks Gardens State Park in Flagler County to the southern boundary of 
North Peninsula State Park in Volusia County and includes lands from 
the MHWL to the toe of the secondary dune or developed structures. 
Lands within this unit include approximately 77 ac (31 ha) in State 
ownership, 61 ac (25 ha) in local government ownership, and 169 ac (68 
ha) in private/other ownership.
    (ii) Map of Unit FL-02 follows:

Figure 5 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (7)(ii)

[[Page 46536]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.126

    (8) Unit FL-03: Canaveral National Seashore to Merritt Island 
National Wildlife Refuge, Volusia and Brevard Counties, Florida.
    (i) Unit FL-03 consists of approximately 558 ac (226 ha) of 
Atlantic Ocean shoreline that includes beach, dune, and coastal 
vegetation. The unit extends from the northern boundary of Canaveral 
National Seashore to the southern boundary of Merritt Island National 
Wildlife Refuge (NWR)--Kennedy Space Center and includes lands from the 
MHWL to the toe of the secondary dune or developed structures. Lands 
within this unit are entirely in Federal ownership.
    (ii) Map of Unit FL-03 follows:

Figure 6 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (8)(ii)

[[Page 46537]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.127

    (9) Unit FL-04: Satellite Beach to Indian River Shores, Brevard and 
Indian River Counties, Florida.
    (i) Unit FL-04 consists of approximately 644 ac (261 ha) of 
Atlantic Ocean shoreline that includes beach, dune, and coastal 
vegetation. The unit is divided into two segments split by Sebastian 
Inlet and includes lands from the MHWL to the toe of the secondary dune 
or developed structures. The northern segment extends from the southern 
boundary of Patrick Space Force Base in Brevard County near the Pineda 
Causeway to the northern side of the Sebastian Inlet in Indian River 
County. The southern segment extends from the southern side of 
Sebastian Inlet to the Indian River Shores--Vero Beach city limits 
line. Lands within this unit include approximately 52 ac (21 ha) in 
Federal ownership, 72 ac (29 ha) in State ownership, 120 ac (48 ha) in 
local government ownership, and 400 ac (163 ha) in private/other 
ownership.
    (ii) Map of Units FL-04 and FL-05 follows:

Figure 7 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (9)(ii)

[[Page 46538]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.128

    (10) Unit FL-05: Hutchinson Island, St. Lucie County, Florida.
    (i) Unit FL-05 consists of approximately 336 ac (136 ha) of 
Atlantic Ocean shoreline that includes beach, dune, and coastal 
vegetation on Hutchinson Island from the southern side of the Ft. 
Pierce Inlet to the northern side of the St. Lucie Inlet. The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include 119 ac (48 ha) in 
local government ownership and 217 ac (88 ha) in private/other 
ownership.
    (ii) Map of Unit FL-05 is provided at paragraph (9)(ii) of this 
entry.
    (11) Unit FL-06: St. Lucie Inlet to Jupiter Inlet, Martin and Palm 
Beach Counties, Florida.
    (i) Unit FL-06 consists of approximately 324 ac (131 ha) of 
Atlantic Ocean shoreline that includes beach, dune, and coastal 
vegetation. The unit extends from the southern side of the St. Lucie 
Inlet in Martin County to the northern side of the Jupiter Inlet in 
Palm Beach County and includes lands from the MHWL to the toe of the 
secondary dune or developed structures. Lands within this unit include 
approximately 69 ac (28 ha) in Federal ownership, 49 ac (20 ha) in 
State ownership, 11 ac (5 ha) in local government ownership, and 195 ac 
(78 ha) in private/other ownership.
    (ii) Map of Units FL-06 and FL-07 follows:

Figure 8 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (11)(ii)

[[Page 46539]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.129

    (12) Unit FL-07: Jupiter Inlet to Lake Worth Inlet, Palm Beach 
County, Florida.
    (i) Unit FL-07 consists of approximately 214 ac (87 ha) of Atlantic 
Ocean shoreline that includes beach, dune, and coastal vegetation. The 
unit extends from the southern side of the Jupiter Inlet to the 
northern side of the Lake Worth Inlet and includes lands from the MHWL 
to the toe of the secondary dune or developed structures. Lands within 
this unit include approximately 25 ac (10 ha) in State ownership, 85 ac 
(35 ha) in local government ownership, and 104 ac (42 ha) in private/
other ownership.
    (ii) Map of Unit FL-07 is provided at paragraph (11)(ii) of this 
entry.
    (13) Unit FL-08: Palm Beach to Boynton Inlet, Palm Beach County, 
Florida.
    (i) Unit FL-08 consists of approximately 42 ac (17 ha) of Atlantic 
Ocean shoreline that includes beach, dune, and coastal vegetation. The 
unit extends from the southern boundary of the Lake Worth Municipal 
Beach-Barton Park to the northern side of the Boynton Inlet and 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 1 ac 
(0.4 ha) in local government ownership and 41 ac (17 ha) in private/
other ownership.
    (ii) Map of Units FL-08, FL-09, and FL-10 follows:

Figure 9 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (13)(ii)

[[Page 46540]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.130

BILLING CODE 4333-15-C
    (14) Unit FL-09: Boynton Inlet to Boca Raton Inlet, Palm Beach 
County, Florida.
    (i) Unit FL-09 consists of approximately 214 ac (87 ha) of Atlantic 
Ocean shoreline that includes beach, dune, and coastal vegetation. The 
unit extends from the southern side of the Boynton Inlet to the 
northern side of Boca Raton Inlet and includes lands from the MHWL to 
the toe of the secondary dune or developed structures. Lands within 
this unit include approximately 66 ac (27 ha) in local government 
ownership and 148 ac (60 ha) in private/other ownership.
    (ii) Map of Unit FL-09 is provided at paragraph (13)(ii) of this 
entry.
    (15) Unit FL-10: Boca Raton Inlet to Hillsboro Inlet, Palm Beach 
and Broward Counties, Florida.
    (i) Unit FL-10 consists of approximately 82 ac (34 ha) of Atlantic 
Ocean shoreline that includes beach, dune, and coastal vegetation. The 
unit extends from the southern side of Boca Raton Inlet in Palm Beach 
County to the northern side of the Hillsboro Inlet in Broward County 
and includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 1 ac 
(less than 1 ha) in Federal ownership, 16 ac (7 ha) in local government 
ownership, and 65 ac (26 ha) in private/other ownership.
    (ii) Map of Unit FL-10 is provided at paragraph (13)(ii) of this 
entry.
    (16) Unit FL-11: Sawyer Key, Monroe County, Florida.
    (i) Unit FL-11 consists of approximately 6 ac (3 ha) of the Gulf of

[[Page 46541]]

Mexico shoreline on the northeastern-most portion of Sawyer Key, which 
is part of a multi-island complex between the Johnston Key and Cudjoe 
Channel. This unit includes beach, dune, and coastal vegetation from 
the MHWL to the toe of the secondary dune. Lands within this unit are 
entirely federally owned.
    (ii) Map of Unit FL-11 follows:

BILLING CODE 4333-15-P

Figure 10 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (16)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.131

    (17) Unit FL-12: Boca Grande and Marquesas Keys, Monroe County, 
Florida.
    (i) Unit FL-12 consists of approximately 28 ac (11 ha) of the Gulf 
of Mexico shoreline and includes beach, dune, and coastal vegetation 
from the MHWL to the toe of the secondary dune. The unit includes lands 
on two keys. The portion of the unit on Boca Grande Key (one of the 
outlying islands of the Florida Keys located about 12 miles (mi) (19 
kilometers (km)) west of Key West) includes the western shore of the 
key. The portion of the unit on Marquesas Key (one of eight uninhabited 
islands that comprise ``the Marquesas Keys,'' which is part of a small 
group of islands located at the end of the Florida Keys about 18 mi (29 
km) west of Key West) includes three beach segments along the

[[Page 46542]]

largest northern-most key and three beach segments along unnamed keys 
to the southwest of the largest key. Lands within this unit are 
entirely federally owned.
    (ii) Map of Units FL-12 and FL-13 follows:

Figure 11 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (17)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.132

    (18) Unit FL-13: Dry Tortugas, Monroe County, Florida.
    (i) Unit FL-13 consists of approximately 21 ac (8 ha) of Gulf of 
Mexico shoreline within the Dry Tortugas, which comprises seven islands 
located at the end of the Florida Keys about 67 mi (108 km) west of Key 
West. The unit occurs on the East, Middle, and Loggerhead Keys of the 
Dry Tortugas, including beach, dune, and coastal vegetation from the 
MHWL to the toe of the secondary dune. Lands within this unit are 
entirely federally owned.
    (ii) Map of Unit FL-13 is provided at paragraph (17)(ii) of this 
entry.
    (19) Unit FL-14: Sanibel Island West, Lee County, Florida.
    (i) Unit FL-14 consists of approximately 189 ac (76 ha) of the Gulf 
of Mexico shoreline that includes beach, dune, and coastal vegetation 
on Sanibel Island from the southern side of Blind

[[Page 46543]]

Pass to Tarpon Bay Road. This unit includes lands from the MHWL to the 
toe of the secondary dune or developed structures. Lands within this 
unit include approximately 76 ac (31 ha) in local government ownership 
and 113 ac (45 ha) in private/other ownership.
    (ii) Map of Unit FL-14 follows:

Figure 12 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (19)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.133

    (20) Unit FL-15: Gasparilla Island, Lee and Charlotte Counties, 
Florida.
    (i) Unit FL-15 consists of approximately 155 ac (63 ha) of the Gulf 
of Mexico shoreline that includes beach, dune, and coastal vegetation 
on Gasparilla Island from the southern side of Gasparilla Pass to the 
northern side of Boca Grande Pass. This unit includes lands from the 
MHWL to the toe of the secondary dune or developed structures. Lands 
within this unit include approximately 5 ac (2 ha) in Federal 
ownership, 25 ac (10 ha) in State ownership, and 125 ac (51 ha) in 
private/other ownership.
    (ii) Map of Units FL-15 and FL-16 follows:

Figure 13 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (20)(ii)

[[Page 46544]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.134

BILLING CODE 4333-15-C
    (21) Unit FL-16: Don Pedro and Little Gasparilla Islands, Charlotte 
County, Florida.
    (i) Unit FL-16 consists of approximately 186 ac (75 ha) of Gulf of 
Mexico shoreline of beach, dune, and coastal vegetation on Don Pedro 
and Little Gasparilla Islands. The unit extends from the southern side 
of Stump Pass to the northern side of Gasparilla Pass and includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. Lands within this unit include approximately 20 ac (8 ha) 
in State ownership and 166 ac (67 ha) in private/other ownership.
    (ii) Map of Unit FL-16 is provided at paragraph (20)(ii) of this 
entry.
    (22) Unit FL-17: Manasota Key, Charlotte and Sarasota Counties, 
Florida.
    (i) Unit FL-17 consists of approximately 164 ac (66 ha) of the Gulf 
of Mexico shoreline that includes beach, dune, and coastal vegetation 
on Manasota Key from the MHWL to the toe of the secondary dune or 
developed structures. The unit comprises three segments (excluding 
intervening areas with primarily hardened structures that lack sand 
features) from approximately 0.1 mi (0.2 km) south of Harbor Drive 
South to the northern side of Stump Pass. The northern segment extends 
from approximately 0.1 mi (0.2 km) south of Harbor Drive South to 
approximately 6.4 mi (10.3 km) south. The middle segment begins 
approximately 0.5 mi (0.8 km) north of the parking area at Blind Pass 
Park and extends south to approximately 170 feet (52 meters) south of 
the Charlotte-

[[Page 46545]]

Sarasota County boundary. The southern segment begins approximately 2.9 
mi (4.7 km) north of Stump Pass and extends south to the northern side 
of Stump Pass. Lands within this unit include approximately 25 ac (10 
ha) in State ownership, 46 ac (19 ha) in local government ownership, 
and 93 ac (37 ha) in private/other ownership.
    (ii) Map of Units FL-17 and FL-18 follows:

BILLING CODE 4333-15-P

Figure 14 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (22)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.135

BILLING CODE 4333-15-C
    (23) Unit FL-18: Casey and Siesta Keys, Sarasota County, Florida.
    (i) Unit FL-18 consists of approximately 114 ac (46 ha) of Gulf of 
Mexico shoreline of beach, dune, and coastal vegetation from 
approximately 0.9 mi (1.4 km) south of the Point O'Rocks southward to 
the northern side of Venice Inlet. The unit includes lands from the 
MHWL to the toe of the secondary dune or developed structures and is 
divided into three segments to exclude areas with primarily hardened 
structures that lack sand features. The northern segment begins at 
approximately 0.9 mi (1.4 km) south of the Point O'Rocks and continues 
southward approximately 3.8 mi (6.1

[[Page 46546]]

km) to the northern side of Venice Inlet. The middle segment begins 
approximately 0.35 mi (0.56 km) north of Blackburn Point Road and 
extends south for 0.15 mi (0.24 km). The southern segment begins 
approximately 0.3 mi (0.5 km) south of Blackburn Point Road and extends 
southward to the northern side of Venice Inlet. Lands within this unit 
include approximately 30 ac (12 ha) in local government ownership and 
84 ac (34 ha) in private/other ownership.
    (ii) Map of Unit FL-18 is provided at paragraph (22)(ii) of this 
entry.
    (24) Unit FL-19: Cape St. George and St. George Island, Franklin 
County, Florida.
    (i) Unit FL-19 consists of approximately 815 ac (330 ha) of the 
Gulf of Mexico shoreline that includes beach, dune, and coastal 
vegetation on Cape St. George and St. George Island from the eastern 
side of West Pass to the western boundary of Dr. Julian G. Bruce St. 
George Island State Park. This unit includes lands from the MHWL to the 
toe of the secondary dune or developed structures. Lands within this 
unit include approximately 545 ac (221 ha) in State ownership and 270 
ac (109 ha) in private/other ownership.
    (ii) Map of Unit FL-19 follows:

BILLING CODE 4333-15-P

Figure 15 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (24)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.136


[[Page 46547]]


    (25) Unit FL-20: St. Joseph Peninsula, Gulf County, Florida.
    (i) Unit FL-20 consists of approximately 622 ac (252 ha) of the 
Gulf of Mexico shoreline that includes beach, dune, and coastal 
vegetation from the northern end of the island at St. Joe Point south 
to the boundary of Eglin Air Force Base on Cape San Blas. This unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 466 
ac (189 ha) in State ownership, 2 ac (1 ha) in local government 
ownership, and 154 ac (62 ha) in private/other ownership.
    (ii) Map of Unit FL-20 follows:

Figure 16 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (25)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.137

    (26) Unit FL-21: Inlet Beach, Walton County, Florida.
    (i) Unit FL-21 consists of approximately 93 ac (37 ha) of the Gulf 
of Mexico shoreline that includes beach, dune, and coastal vegetation 
from the eastern boundary of Deer Lake State Park to the western 
boundary of Camp Helen State Park. This unit includes lands from the 
MHWL to the toe of the secondary dune or developed structures. Lands in 
this unit include 7 ac (3 ha) in local government ownership and 86 ac 
(34 ha) in private/other ownership.
    (ii) Map of Unit FL-21 follows:


[[Page 46548]]


Figure 17 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (26)(ii)
[GRAPHIC] [TIFF OMITTED] TP19JY23.138

    (27) Unit FL-22: Topsail Hill Preserve State Park, Walton County, 
Florida.
    (i) Unit FL-22 consists of approximately 165 ac (67 ha) of the Gulf 
of Mexico shoreline that includes beach, dune, and coastal vegetation 
within the boundaries of Topsail Hill Preserve State Park. This unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit are entirely in State 
ownership.
    (ii) Map of Unit FL-22 follows:

Figure 18 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (27)(ii)

[[Page 46549]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.139

    (28) Unit FL-23: Gulf Islands National Seashore, Escambia County, 
Florida.
    (i) Unit FL-23 consists of approximately 334 ac (135 ha) of the 
Gulf of Mexico shoreline that includes beach, dune, and coastal 
vegetation from the western boundary of the University of West Florida 
beach property to the eastern boundary of the Gulf Islands National 
Seashore at the Escambia-Santa Rosa County boundaries. This unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. Lands within this unit include approximately 316 
ac (128 ha) in Federal ownership and 17 ac (7 ha) in State ownership.
    (ii) Map of Unit FL-23 follows:

Figure 19 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (28)(ii)

[[Page 46550]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.140

    (29) Unit PR-01: Mona Island, Puerto Rico.
    (i) Unit PR-01 consists of approximately 66 ac (27 ha) of beach and 
coastal vegetation along the southern half shoreline of Mona Island, 
Puerto Rico, in the Caribbean Sea. The unit begins at the Playa 
Sardinera camp area in the west, moving south and then east to Playa 
Pajaros, just south of the Mona Island Lighthouse. The unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. Lands within this unit are entirely commonwealth-owned.
    (ii) Map of Unit PR-01 follows:

Figure 20 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (29)(ii)

[[Page 46551]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.141

    (30) Unit PR-02: Guayama, Puerto Rico.
    (i) Unit PR-02 consists of approximately 23 ac (9 ha) of beach and 
coastal vegetation along the southern coastline on the Guayama 
Municipality of Puerto Rico on the Caribbean Sea. This unit includes 
three separate beach segments (from east to west)--Las Mareas, Los 
Limones, and Pozuelo--along the shoreline of Punta Ola Grande (i.e., 
Las Mareas) and moving west towards Punto Pozuelo Point along the 
coast. The unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. All lands within this unit are 
under commonwealth ownership, although a small amount of the upland 
area may be under private ownership.
    (ii) Map of Unit PR-02 follows:

Figure 21 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (30)(ii)

[[Page 46552]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.142

    (31) Unit PR-03: Maunabo, Puerto Rico.
    (i) Unit PR-03 consists of approximately 24 ac (10 ha) of beach and 
coastal vegetation along the southeastern coastline on the Maunabo 
Municipality of Puerto Rico on the Caribbean Sea. This unit includes 
two separate beach segments--California and Punta Tuna--just west 
(i.e., California) and east (i.e., Punta Tuna) of the Punta Tuna 
Lighthouse at the end of Road PR-760. The unit includes lands from the 
MHWL to the toe of the secondary dune or developed structures. All 
lands within this unit are under commonwealth ownership, although a 
small amount of the upland area of the California Beach segment may be 
under private ownership.
    (ii) Map of Unit PR-03 follows:

Figure 22 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (31)(ii)

[[Page 46553]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.143

    (32) Unit VPR-01: Campana, Vieques Island, Puerto Rico.
    (i) Unit VPR-01 consists of approximately 11 ac (4 ha) of beach and 
coastal vegetation along the north shoreline of Vieques Island, Puerto 
Rico, on the Caribbean Sea. This unit includes five beach segments in 
between Punta Cabellos Colorados and just west of Punta Brigadier. The 
unit includes lands from the MHWL to the toe of the secondary dune or 
developed structures. All lands within this unit are under Federal 
ownership.
    (ii) Map of Unit VPR-01 follows:

Figure 23 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (32)(ii)

[[Page 46554]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.144

    (33) Unit VPR-02: Puerto Diablo, Vieques Island, Puerto Rico.
    (i) Unit VPR-02 consists of approximately 15 ac (6 ha) of beach and 
coastal vegetation along the north shoreline of Vieques Island, Puerto 
Rico, on the Caribbean Sea. This unit includes eight beach segments 
starting approximately 1 mi (1.6 km) east of Punta Goleta and along 
Puerto Diablo and continuing up to Punta Icacos. The unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. All lands within this unit are under Federal ownership.
    (ii) Map of Unit VPR-02 follows:

Figure 24 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (33)(ii)

[[Page 46555]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.145

    (34) Unit VPR-03: Vieques East, Vieques Island, Puerto Rico.
    (i) Unit VPR-03 consists of approximately 17 ac (7 ha) of beach and 
coastal vegetation along the northeast to southeast shoreline of 
Vieques Island, Puerto Rico, on the Caribbean Sea. This unit includes 
six beach segments (from west to east) along Bah[iacute]a Salinas 
(Fosil Beach); east of Punta Salinas, including Barco Beach, Brava 
Beach, and Blanca Beach; and approximately less than 1 mi (1.6 km) 
south towards Tamarindo Sur Beach. The unit includes lands from the 
MHWL to the toe of the secondary dune or developed structures. All 
lands within this unit are under Federal ownership.
    (ii) Map of Unit VPR-03 follows:

Figure 25 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (34)(ii)

[[Page 46556]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.146

    (35) Unit VPR-04: Fanduca to Conejo, Vieques Island, Puerto Rico.
    (i) Unit VPR-04 consists of approximately 23 ac (9 ha) of beach and 
coastal vegetation along the southeast shoreline of Vieques Island, 
Puerto Rico, on the Caribbean Sea. This unit comprises eight segments 
(west to east) including at Bahia Fanduca Beach, Bahia Yoye Beach, two 
segments at Bahia Jalova Beach, Punta Matias Beach, and three segments 
along Conejo Beach just west of Bahia Salinas del Sur. The unit 
includes lands from the MHWL to the toe of the secondary dune or 
developed structures. All lands within this unit are under Federal 
ownership.
    (ii) Map of Unit VPR-04 follows:

Figure 26 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (35)(ii)

[[Page 46557]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.147

    (36) Unit VPR-05: La Chiva, Vieques Island, Puerto Rico.
    (i) Unit VPR-05 consists of approximately 10 ac (4 ha) of beach and 
coastal vegetation along the south shoreline of Vieques Island, Puerto 
Rico, on the Caribbean Sea. This unit comprises two beach segments 
within Bahia La Chiva just west of Punta Conejo. The unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. All lands within this unit are under Federal ownership.
    (ii) Map of Unit VPR-05 follows:

Figure 27 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (36)(ii)

[[Page 46558]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.148

(37) Unit VPR-06: Sun Bay, Vieques Island, Puerto Rico.
    (i) Unit VPR-06 consists of approximately 13 ac (5 ha) of beach and 
coastal vegetation along the south shoreline of Vieques Island, just 
east of the town of Esperanza within Sun Bay on Vieques Island, Puerto 
Rico, on the Caribbean Sea. The unit includes lands from the MHWL to 
the toe of the secondary dune or developed structures. All lands within 
this unit are commonwealth-owned.
    (ii) Map of Unit VPR-06 follows:

Figure 28 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (37)(ii)

[[Page 46559]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.149

    (38) Unit VPR-07: Vieques Southwest, Vieques Island, Puerto Rico.
    (i) Unit VPR-07 consists of approximately 48 ac (19 ha) of beach 
and coastal vegetation along the southwest shoreline of Vieques Island, 
Puerto Rico, on the Caribbean Sea. This unit comprises two segments in 
the southwestern edge of the Vieques NWR, one extending approximately 3 
mi (5 km) west of Punta Vaca, and a second segment starting less than 1 
mi (less than 1 km) east of Punta Vaca and extending approximately 2 mi 
(3 km) east just south of Laguna Playa Grande. The unit includes lands 
from the MHWL to the toe of the secondary dune or developed structures. 
Approximately 44 ac (18 ha) of lands within this unit are under Federal 
ownership, and approximately 4 ac (1 ha) are under commonwealth 
ownership, although a small amount of the upland area may be under 
private ownership.
    (ii) Map of Unit VPR-07 follows:

Figure 29 to Green Sea Turtle (Chelonia mydas), North Atlantic DPS 
paragraph (38)(ii)

[[Page 46560]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.150

BILLING CODE 4333-15-C
Green Sea Turtle (Chelonia mydas), South Atlantic DPS
    (1) Within the South Atlantic distinct population segment (DPS) of 
the green sea turtle, critical habitat units are depicted for the 
Island of St. Croix within the Territory of the U.S. Virgin Islands on 
the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of green sea turtle consist of the 
following components:
    (i) Extra-tidal or dry sandy beaches from the mean high water 
line--the line on a chart or map that represents the intersection of 
the land with the water surface at the elevation of mean high water 
line--to areas of beach landward of the mean high water line and which 
contain the characteristics set forth in paragraphs (2)(i) through 
(iii) of this entry. These beaches include:
    (A) Habitat for green turtles to transit across beaches and for 
nest placement that includes:
    (1) Relatively unimpeded wet and dry sand or nearshore access areas 
from the ocean to the beach for nesting females and from the beach to 
the ocean for both post-nesting females and hatchlings; and
    (2) Drier sand areas located above mean high water in the 
supralittoral zone to avoid being inundated frequently by high tides.
    (B) Sand substrate that:
    (1) Allows for suitable nest construction;

[[Page 46561]]

    (2) Is suitable for facilitating gas diffusion conducive to embryo 
development;
    (3) Can develop and maintain temperatures and a moisture content 
conducive to embryo development; and
    (4) Allows for emergence of hatchlings from eggshells, through sand 
substrate to the beach surface.
    (ii) Nesting beach habitat with sufficient darkness such that 
nesting turtles are not deterred from emerging onto the beach and 
hatchlings and post-nesting females can orient to the sea.
    (iii) Natural coastal processes or artificially created or 
maintained habitat mimicking natural conditions. This includes 
artificial habitat types that mimic natural conditions described in 
paragraphs (2)(i) and (ii) of this entry for beach access, nest site 
selection, nest construction, egg deposition and incubation, and 
hatchling emergence and movement to the sea.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads and other paved areas, abandoned 
military structures, and hardened shorelines) and the land on which 
they are located existing within the legal boundaries on the effective 
date of the final rule.
    (4) Data layers defining map units were created using green sea 
turtle distribution data provided by multiple local and regional 
sources as available (e.g., reports, databases, and data submitted by 
State and Federal partners and nonprofit organizations across the range 
of the species). Landforms were primarily delineated based on the most 
current available aerial maps. The maps in this entry, as modified by 
any accompanying regulatory text, establish the boundaries of the 
terrestrial critical habitat designation. The coordinates or plot 
points or both on which each map is based are available to the public 
at the USFWS's internet site at https://www.fws.gov/office/florida-ecological-services/library/green-sea-turtle, at https://www.regulations.gov under Docket No. FWS-R4-ES-2022-0164, and at the 
two field offices responsible for this designation. You may obtain 
field office location information by contacting one of the USFWS 
regional offices, the addresses of which are listed at 50 CFR 2.2.
    (5) Index map follows:

BILLING CODE 4333-15-P

Figure 1 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (5)

[[Page 46562]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.151

    (6) Unit USVI-01: Sandy Point National Wildlife Refuge, St. Croix, 
U.S. Virgin Islands.
    (i) Unit USVI-01 consists of approximately 37 acres (ac) (15 
hectares (ha)) of beach and coastal vegetation along the Westend 
Peninsula shoreline within the Sandy Point National Wildlife Refuge 
(NWR) on the southwest point of St. Croix, U.S. Virgin Islands, in the 
Caribbean Sea. It also includes a contiguous beach area just outside of 
the NWR on the northernmost boundary, on the shore of the Fredericksted 
pool area at the end of Veterans Shore Drive. The unit includes lands 
from the mean high water line (MHWL) to the toe of the secondary dune 
or developed structures. Lands within this unit include approximately 
35 ac (14 ha) in Federal ownership and 2 ac (1 ha) in territory 
ownership.
    (ii) Map of Unit USVI-01 follows:

Figure 2 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (6)(ii)

[[Page 46563]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.152

    (7) Unit USVI-02: Long Point Bay, St. Croix, U.S. Virgin Islands.
    (i) Unit USVI-02 consists of approximately 9 ac (4 ha) of mostly 
undeveloped beach and coastal vegetation along the southwestern 
shoreline of Long Point Bay just west of Long Point on St. Croix, U.S. 
Virgin Islands, in the Caribbean Sea, and east of the Sandy Point NWR 
(Unit USVI-01) along the southern shoreline. The unit includes lands 
from the MHWL to the toe of the secondary dune or developed structures. 
All lands within this unit are in territory ownership, although a small 
amount of the upland area may be under private ownership.
    (ii) Map of Unit USVI-02 follows:

Figure 3 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (7)(ii)

[[Page 46564]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.153

    (8) Unit USVI-03: St. Croix South, St. Croix, U.S. Virgin Islands.
    (i) Unit USVI-03 consists of beach and coastal vegetation along the 
south-central shoreline of St. Croix, U.S. Virgin Islands, in the 
Caribbean Sea. This unit comprises two beach segments: east of the oil 
refinery between Vagthus Point along Manchenil Bay, and along Halfpenny 
Bay west of Ferral Point. The unit includes lands from the MHWL to the 
toe of the secondary dune or developed structures. All lands within 
this unit are in territory ownership, although a small amount of the 
upland area may be under private ownership.
    (ii) Map of Unit USVI-03 follows:

Figure 4 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (8)(ii)

[[Page 46565]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.154

    (9) Unit USVI-04: East End, St. Croix, U.S. Virgin Islands.
    (i) Unit USVI-04 consists of 16 ac (6 ha) of mostly undeveloped 
beach and coastal vegetation along the shoreline from Grapetree Point 
in the southeast towards the northeast to Romney Point on St. Croix, 
U.S. Virgin Islands, in the Caribbean Sea. The unit includes six beach 
segments (starting on the southeast of Grapetree Point) to the west end 
of Grapetree Bay, along Jack's Bay, along Isaac's Bay, along East End 
Bay, along Whale Point Bay, and along Knight's Bay. This unit includes 
lands from the MHWL to the toe of the secondary dune or developed 
structures. All lands within this unit are in territory ownership, 
although a small amount of the upland area may be under private 
ownership.
    (ii) Map of Unit USVI-04 follows:

Figure 5 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (9)(ii)

[[Page 46566]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.155

    (10) Unit USVI-05: Chenay to Coakley, St. Croix, U.S. Virgin 
Islands.
    (i) Unit USVI-05 consists of 15 ac (6 ha) of mostly undeveloped 
beach and coastal vegetation along the shoreline from the Southgate 
Coastal Reserve just west of the Green Cay Marina to Wismenog Point, 
St. Croix, U.S. Virgin Islands, in the Caribbean Sea. This unit 
comprises three beach segments along Chenay Bay, Prune Bay, and Coakley 
Bay. This unit includes lands from the MHWL to the toe of the secondary 
dune or developed structures. All lands within this unit are in 
territory ownership, although a small amount of the upland area may be 
under private ownership.
    (ii) Map of Unit USVI-05 follows:

Figure 6 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (10)(ii)

[[Page 46567]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.156

    (11) Unit USVI-06: Buccaneer, St. Croix, U.S. Virgin Islands.
    (i) Unit USVI-06 consists of 6 ac (2 ha) of beach and coastal 
vegetation along the shoreline on the north coast of St. Croix, U.S. 
Virgin Islands, in the Caribbean Sea. This unit comprises two beach 
segments along Beauregard Bay just north of Altona Lagoon and along 
Whistle Beach just east of Shoy Point. This unit includes lands from 
the MHWL to the toe of the secondary dune or developed structures. All 
lands within this unit are in territory ownership, although a small 
amount of the upland area may be under private ownership.
    (ii) Map of Unit USVI-06 follows:

Figure 7 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (11)(ii)

[[Page 46568]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.157

    (12) Unit USVI-07: Judith's Fancy, St. Croix, U.S. Virgin Islands.
    (i) Unit USVI-07 consists of 3 ac (1 ha) of beach and coastal 
vegetation along the north shoreline within the Judith's Fancy Estate 
just east of Salt River Bay on St. Croix, U.S. Virgin Islands, in the 
Caribbean Sea. This unit includes lands from the MHWL to the toe of the 
secondary dune or developed structures. All lands within this unit are 
in territory ownership, although a small amount of the upland area may 
be under private ownership.
    (ii) Map of Unit USVI-07 follows:

Figure 8 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (12)(ii)

[[Page 46569]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.158

    (13) Unit USVI-08: Buck Island Reef National Monument, St. Croix, 
U.S. Virgin Islands.
    (i) Unit USVI-08 consists of 12 ac (5 ha) of undeveloped beach and 
coastal vegetation along the shoreline of Buck Island approximately 2 
mi (3 km) off the northeast coast of St. Croix, U.S. Virgin Islands, in 
the Caribbean Sea. The unit includes lands from the MHWL to the toe of 
the secondary dune or developed structures from the island's North 
Shore on the northwest and moving south towards West Beach, South 
Shore, and Turtle Bay. Lands within this unit are all in Federal 
ownership.
    (ii) Map of Unit USVI-08 follows:

Figure 9 to Green Sea Turtle (Chelonia mydas), South Atlantic DPS 
paragraph (13)(ii)

[[Page 46570]]

[GRAPHIC] [TIFF OMITTED] TP19JY23.159

* * * * *

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-14225 Filed 7-18-23; 8:45 am]
 BILLING CODE 4333-15-C
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