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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
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]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 46385]]
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
[[Page 46386]]
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)
[[Page 46459]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.052
(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)
[[Page 46460]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.053
(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)
[[Page 46461]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.054
(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)
[[Page 46462]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.055
(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)
[[Page 46463]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.056
(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)
[[Page 46464]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.057
(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)
[[Page 46465]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.058
Figure 11 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (12)(ii)
[[Page 46466]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.059
Figure 12 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (12)(ii)
[[Page 46467]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.060
Figure 13 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (12)(ii)
[[Page 46468]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.061
Figure 14 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (12)(ii)
[[Page 46469]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.062
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.063
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.064
(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)
[[Page 46472]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.065
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.066
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.067
Figure 20 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (17)(ii)
[[Page 46475]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.068
(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)
[[Page 46476]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.069
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.070
Figure 23 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (19)(ii)
[[Page 46478]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.071
(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)
[[Page 46479]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.072
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.073
(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)
[[Page 46481]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.074
(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]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.075
Figure 28 to Green Sea Turtle (Chelonia mydas), Central North Pacific
DPS paragraph (23)(ii)
[[Page 46483]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.076
(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)
[[Page 46484]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.077
(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)
[[Page 46485]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.078
(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)
[[Page 46486]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.079
(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)
[[Page 46487]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.080
(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)
[[Page 46488]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.081
(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)
[[Page 46489]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.082
(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)
[[Page 46490]]
[GRAPHIC] [TIFF OMITTED] TP19JY23.083
(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