[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 43006-43054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17204]
[[Page 43005]]
Vol. 78
Thursday,
No. 138
July 18, 2013
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 226
Endangered and Threatened Species: Designation of Critical Habitat for
the Northwest Atlantic Ocean Loggerhead Sea Turtle Distinct Population
Segment (DPS) and Determination Regarding Critical Habitat for the
North Pacific Ocean Loggerhead DPS; Proposed Rule
Federal Register / Vol. 78 , No. 138 / Thursday, July 18, 2013 /
Proposed Rules
[[Page 43006]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
[Docket No. 130513467-3467-01]
RIN 0648-BD27
Endangered and Threatened Species: Designation of Critical
Habitat for the Northwest Atlantic Ocean Loggerhead Sea Turtle Distinct
Population Segment (DPS) and Determination Regarding Critical Habitat
for the North Pacific Ocean Loggerhead DPS
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: We, the National Marine Fisheries Service (NMFS), propose
critical habitat for the Northwest Atlantic Ocean loggerhead sea turtle
Distinct Population Segment (DPS) (Caretta caretta) within the Atlantic
Ocean and the Gulf of Mexico. Specific areas proposed for designation
include 36 occupied marine areas within the range of the Northwest
Atlantic Ocean DPS. These areas contain one or a combination of
nearshore reproductive habitat, winter area, breeding areas, and
migratory corridors. We are also asking for comment on whether to
include as critical habitat in the final rule some areas that contain
foraging habitat and two large areas that contain Sargassum habitat.
The U.S. Fish and Wildlife Service addressed terrestrial areas (nesting
beaches) in a separate document. No marine areas meeting the definition
of critical habitat were identified within the jurisdiction of the
United States for the North Pacific Ocean DPS, and therefore we are not
proposing to designate critical habitat for that DPS. We are soliciting
comments from the public on all aspects of the proposal, including
information on the economic, national security, and other relevant
impacts. We will consider additional information received prior to
making a final designation.
DATES: Comments and information regarding this proposed rule must be
received by September 16, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0079, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0079, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach our comments.
Mail: Submit written comments to Susan Pultz, NMFS, Office
of Protected Resources, 1315 East West Highway, Silver Spring, MD
20910.
Fax: 301-713-0376; Attn: Susan Pultz.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received will be part of
the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
The proposed rule, list of references and supporting documents,
including the biological report, the draft Economic Analysis and the
Initial Regulatory Flexibility Act (IRFA) analysis which is appended to
the draft Economic Analysis, are also available electronically at
http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm.
FOR FURTHER INFORMATION CONTACT: Susan Pultz, NMFS, Office of Protected
Resources 301-427-8472 or [email protected]; or Angela Somma, NMFS,
Office of Protected Resources 301-427-8474 or [email protected].
SUPPLEMENTARY INFORMATION:
Executive Summary
Section 4 of the Endangered Species Act of 1973, as amended (ESA)
requires the designation of critical habitat for threatened and
endangered species to the maximum extent prudent and determinable, and
provides for the revision of critical habitat based on the best
scientific data available, as appropriate (16 U.S.C. 533(a)(3)(A); 16
U.S.C. 1533(b)(2)). Critical habitat may only be designated in areas
under U.S. jurisdiction (50 CFR 424.12(h)). Critical habitat is defined
as ``(i) the specific areas within the geographical area occupied by
the species, at the time it is listed [under Section 4], on which are
found those physical or biological features (I) essential to the
conservation of the species and (II) which may require special
management considerations or protection; and (ii) specific areas
outside the geographical area occupied by the species at the time it is
listed, upon a determination by the Secretary that such areas are
essential for the conservation of the species'' (16 U.S.C. section
1532(5)(A)).
This rule proposes designation of critical habitat for the
threatened Northwest Atlantic Ocean Distinct Population Segment (DPS)
of the loggerhead sea turtle (Caretta caretta), and also constitutes
NMFS' proposed determination that there are no areas meeting the
definition of ``critical habitat'' for the endangered North Pacific
Ocean DPS of the loggerhead sea turtle. The designation of critical
habitat was prompted by a 2011 final rule revising the listing of
loggerhead sea turtles under the ESA from a single worldwide listing of
the species as threatened to nine DPSs, listed as either threatened or
endangered (76 FR 58868, September 22, 2011). The two DPSs that are the
subject of this notice--the Northwest Atlantic Ocean and North Pacific
Ocean--are the only DPSs of loggerheads that occur within U.S.
jurisdiction.
We propose designation of 36 marine areas within the Northwest
Atlantic Ocean DPS as critical habitat. These areas that contain one or
a combination of nearshore reproductive habitat (off nesting beaches to
1.6 km (1 mile)), wintering habitat, breeding habitat, and constricted
migratory corridors. We further seek comment on whether to include
foraging habitat and two large areas that contain Sargassum habitat.
The U.S. Fish and Wildlife Service (USFWS) proposed terrestrial
critical habitat (nesting beaches) in a separate rulemaking on March
25, 2013 (78 FR 18000). We refer to those terrestrial areas in this
report where necessary to explain how we identified corresponding
marine habitat. No marine areas are proposed for designation as
critical habitat within the North Pacific Ocean DPS. We did not
identify any unoccupied areas essential to the conservation of either
DPS.
Background
The loggerhead sea turtle was listed worldwide as a threatened
species on July 28, 1978 (43 FR 32800) pursuant to the Endangered
Species Act of 1973, as amended (ESA). No critical habitat was
designated for the loggerhead at that time. Pursuant to a joint
memorandum of understanding, signed on July 18, 1977, the U.S. Fish and
Wildlife Service (USFWS) has jurisdiction over sea
[[Page 43007]]
turtles on the land and the National Oceanic and Atmospheric
Administration's (NOAA's) NMFS has jurisdiction over sea turtles in the
marine environment. On September 22, 2011, NMFS and USFWS jointly
published a final rule revising the loggerhead's listing from a single
worldwide threatened species to nine DPSs (76 FR 58868). In the final
rule, five DPSs were listed as endangered (North Pacific Ocean, South
Pacific Ocean, North Indian Ocean, Northeast Atlantic Ocean, and
Mediterranean Sea), and four DPSs were listed as threatened (Northwest
Atlantic Ocean, South Atlantic Ocean, Southeast Indo-Pacific Ocean, and
Southwest Indian Ocean). Two DPSs occur within U.S. jurisdiction: the
Northwest Atlantic Ocean DPS (range defined as north of the equator,
south of 60[deg] N. lat., and west of 40[deg] W. long.), and the North
Pacific Ocean DPS (range defined as north of the equator and south of
60[deg] N. lat.). At the time the final listing rule was developed, we
lacked comprehensive data and information necessary to identify and
describe physical or biological features (PBFs) of the terrestrial and
marine habitats. As a result, we found designation of critical habitat
to be ``not determinable'' (see 16 U.S.C. section 1533(b)(6)(C)(ii)).
In the final rule we stated that we would consider designating critical
habitat for the two DPSs within U.S. jurisdiction in future
rulemakings. Information from the public related to the identification
of critical habitat, essential PBFs for this species, and other
relevant impacts of a critical habitat designation was solicited. We
received two responses, one from the Department of the Navy, Commander
Navy Region Southeast, dated January 26, 2012, and one from Oceana,
dated March 6, 2012. These comments were considered in the formulation
of the proposed rule.
NMFS and USFWS convened a critical habitat review team (CHRT) to
assist in the assessment and evaluation of critical habitat areas for
the Northwest Atlantic Ocean and North Pacific Ocean DPSs, which met
three times in 2012. The CHRT consisted of six NMFS and two USFWS
biologists with experience and expertise ranging from loggerhead
biology to sea turtle management and ESA section 7 consultations. Five
biologists from the states of Florida, Georgia, South Carolina, and
North Carolina served as consultants to the team.
USFWS and NMFS decided to publish separate proposed rules in
accordance with our respective jurisdictions. Terrestrial areas, which
are under the jurisdiction of USFWS, are not included in this proposed
rule. This proposed rule details the areas under NMFS jurisdiction--
those in the marine environment. Terrestrial areas (nesting beaches)
are referred to only when needed to explain how corresponding marine
habitat was determined. In many areas, marine habitat that we are
proposing is adjacent to nesting beaches proposed for designation as
critical habitat by USFWS. Nowhere do they overlap. NMFS and FWS
currently plan to issue a combined final rule.
Because the agencies had not yet made the required determinations
regarding designation of critical habitat for these DPSs, the Center
for Biological Diversity, Oceana, and the Turtle Island Restoration
Network sent NMFS and USFWS a notice of intent to file a lawsuit on
October 11, 2012. A complaint for declaratory and injunctive relief was
filed in the United States District Court for the Northern District of
California on January 8, 2013. On March 25, 2013, the USFWS proposed
rule designating specific nesting beaches as critical habitat for the
Northwest Atlantic Ocean DPS was published in the Federal Register (78
FR 18000, March 25, 2013).
Loggerhead Natural History
The loggerhead belongs to the family Cheloniidae along with all
other sea turtle species except the leatherback (Dermochelys coriacea).
The genus Caretta is monotypic. The carapace of adult and juvenile
loggerheads is reddish-brown. Mean straight carapace length (SCL) of
nesting females in the southeastern United States, the only location
where loggerheads nest in the United States, averages 90 centimeters
(cm) (35 inches (in)) (NMFS 2001). Hatchlings vary from light to dark
brown to dark gray dorsally and lack the reddish-brown coloration of
adults and juveniles. Flippers are dark gray to brown above with
distinct white margins. The ventral coloration of the plastron and
other areas of the integument are generally yellowish to tan. At
emergence, hatchlings average 45 millimeters (mm) (1.8 in) SCL and
weigh approximately 20 grams (g) (0.7 ounces (oz)) (Dodd 1988).
Loggerheads are long-lived, slow-growing animals that use multiple
habitats across entire ocean basins throughout their life history. This
complex life history encompasses terrestrial, inshore/estuarine,
nearshore, and open ocean habitats. The three basic ecosystems in which
loggerheads live are categorized in this proposed designation as the
following:
(1) Terrestrial zone (supralittoral)--the nesting beach where
oviposition (egg laying), embryonic development, and hatching occurs.
(2) Neritic zone--the nearshore marine environment (from the
surface to the sea floor) where water depths do not exceed 200 meters
(m) (656 feet (ft)). The neritic zone generally includes the
continental shelf, but in areas where the continental shelf is very
narrow or nonexistent, the neritic zone conventionally extends from the
shore to areas where water depths reach 200 m (656 ft). Neritic habitat
also occurs inshore, in bays and estuaries.
(3) Oceanic zone--the open ocean environment (from the surface to
the sea floor) where water depths are greater than 200 m (656 ft).
The following global nesting information is provided for context,
but note the remainder of this proposed rule will focus on marine areas
in the Northwest Atlantic Ocean and North Pacific Ocean DPSs, because
these are the only DPSs that occur in U.S. waters.
Loggerhead sea turtles occur throughout the temperate and tropical
regions of the Atlantic, Pacific, and Indian Oceans (Dodd 1988).
However, the majority of loggerhead nesting is at the western rims of
the Atlantic and Indian Oceans. Only two loggerhead nesting
aggregations have greater than 10,000 females nesting per year:
Peninsular Florida, in the United States, and Masirah Island, in Oman
(Baldwin et al. 2003; Ehrhart et al. 2003; Kamezaki et al. 2003; Limpus
and Limpus 2003b; Margaritoulis et al. 2003). Smaller nesting
aggregations occur in the Northern Gulf of Mexico, Dry Tortugas, and
Georgia through North Carolina (United States), Quintana Roo and
Yucatan (Mexico), Brazil, Cape Verde Islands (Cape Verde), Queensland
and Western Australia (Australia), Japan, Cay Sal Bank (Bahamas),
Tongaland (South Africa), Mozambique, Arabian Sea Coast and Halaniyat
Islands (Oman), Cyprus, Peloponnesus, Zakynthos, Crete (Greece), and
Turkey (NMFS and USFWS 2008).
Loggerheads in the Northwest Atlantic Ocean DPS nest on beaches in
the southeastern United States, whereas loggerheads in the North
Pacific Ocean DPS nest outside of U.S. jurisdiction, in Japan. The
Northwest Atlantic Ocean DPS's nesting season extends from about late
April through early September with nesting occurring primarily at
night. Loggerheads typically lay approximately 3 to 6 nests per season
(Murphy and Hopkins 1984; Frazer and Richardson 1985; Hawkes et al.
2005; Scott 2006; Tucker 2010;
[[Page 43008]]
Ehrhart, unpublished data) at intervals of approximately 12 to 15 days
(Caldwell 1962; Dodd 1988). Mean clutch size varies from about 100 to
126 eggs (Dodd 1988). Remigration intervals (number of years between
successive nesting migrations) typically average from 2.5 to 3.7 years
(Richardson et al. 1978; Bjorndal et al. 1983; Ehrhart, unpublished
data). Sexual maturity in the Northwest Atlantic Ocean ranges from as
early as approximately 25 years to as late as 45 years (Snover 2002;
Conant et al. 2009; Scott et al. 2012). Comparable data for adult males
do not exist.
Egg incubation duration for the Northwest Atlantic Ocean DPS varies
depending on time of year and latitude but typically ranges from about
42 to 75 days (Dodd and Mackinnon 2006; Dodd and Mackinnon 2007; Dodd
and Mackinnon 2008; Dodd and Mackinnon 2009; Dodd and Mackinnon 2010).
Sand temperatures prevailing during the middle third of the incubation
period also determine the sex of hatchlings (Mrosovsky and Yntema
1980). Incubation temperatures near the upper end of the tolerable
range produce only female hatchlings while incubation temperatures near
the lower end of the tolerable range produce only male hatchlings. The
pivotal temperature (i.e., the incubation temperature that produces
equal numbers of males and females) in loggerheads is approximately
29[deg] C (84.2[emsp14][deg]F) (Limpus et al. 1983; Mrosovsky 1988;
Marcovaldi et al. 1997). Loggerhead hatchlings pip and escape from
their eggs over a 1- to 3-day interval and move upward and out of the
nest over a 2- to 4-day interval (Christens 1990). Hatchlings emerge
from their nests en masse almost exclusively at night, presumably using
decreasing sand temperature as a cue (Hendrickson 1958; Mrosovsky 1968;
Witherington et al. 1990; Moran et al. 1999).
Hatchlings use a progression of seafinding orientation cues to
guide their movement from the nest to the marine environment where they
spend their early years (Lohmann and Lohmann 2003). Hatchlings first
use light cues to find the ocean. On naturally lighted beaches without
artificial lighting, ambient light from the open sky creates a
relatively bright horizon compared to the dark silhouette of the dune
and vegetation landward of the nest. This contrast guides the
hatchlings to the ocean (Daniel and Smith 1947; Limpus 1971; Salmon et
al. 1992; Witherington and Martin 1996; Witherington 1997). Hatchlings
also use wave orientation in nearshore waters and magnetic field
orientation as they proceed further toward open water (Lohmann and
Lohmann 2003).
Immediately after hatchlings emerge from the nest, they begin a
period of frenzied activity. During this active period, hatchlings move
from their nest to the surf, swim, and are swept through the surf zone,
and continue swimming away from land for approximately 20 to 30 hours
(Carr and Ogren 1960; Carr 1962; Carr 1982; Wyneken and Salmon 1992;
Witherington 1995). This frenzied swimming is thought to be a mechanism
for limiting time spent in the nearshore coastal waters, thus reducing
exposure to predators such as fish and birds that tend to be
concentrated in nearshore coastal waters. Hatchlings do not feed during
the swim frenzy and rely on their retained yolk for nourishment
(Witherington 2002).
Post-hatchling transition stage describes neonate sea turtles that
have matured to the point beyond the period of frenzied swimming
(Wyneken and Salmon 1992). The post-hatchling transition stage occurs
in the neritic environment and ends when the small turtles enter the
oceanic zone (Bolten 2003). Post-hatchling loggerheads are largely
inactive, exhibit infrequent low-energy swimming, and have begun to
feed. In the Northwest Atlantic, post-hatchling, small oceanic
juvenile, and some neritic juvenile loggerheads inhabit areas where
surface waters converge to form local downwelling (Witherington 2002;
Witherington et al. 2012). These areas are characterized by
accumulations of floating material, especially pelagic Sargassum (a
genus of brown macroalgae), and are common between the Gulf Stream and
the southeastern U.S. coast, and between the Loop Current and the
western Florida coast in the Gulf of Mexico. Surface convergence zones
consolidate a variety of floating material, including woody material,
seagrass, and synthetic debris (as observed by Witherington et al.
2012), but pelagic Sargassum is prolific. Sargassum and other flotsam
can be arranged within long linear or meandering rows collectively
termed ``windrows'' as a result of Langmuir circulations, internal
waves, and convergence zones along fronts, but when currents and winds
are negligible, Sargassum is also found in broad irregular mats or
scattered clumps (Comyns et al. 2002; SAFMC 2002).
This neritic post-hatchling stage is weeks or months long and may
be a transition to the oceanic stage that loggerheads enter as they
grow and are carried by ocean currents (Witherington 2002; Bolten
2003).
The oceanic juvenile stage begins when loggerheads first enter the
oceanic zone (Bolten 2003). Juvenile loggerheads originating from
nesting beaches in both the Northwest Atlantic and North Pacific Oceans
appear to use oceanic developmental habitats and move with the
predominant ocean gyres for several years before returning to their
neritic foraging habitats (Pitman 1990; Bowen et al. 1995; Zug et al.
1995; Musick and Limpus 1997; Bolten 2003). The presence of Sargassum
is also important for the oceanic juvenile life stage, as it offers a
concentrated, protected foraging area, with facilitated dispersal by
associated oceanic currents. Turtles in this stage use active and
passive movements relative to oceanic currents and winds, with 75% of
their time spent in the top 5 m (16 ft) of the water column (Howell et
al. 2010; Witherington et al. 2012).
In the western Atlantic, Caribbean Sea and Gulf of Mexico, post-
hatchling and oceanic juvenile sea turtle habitat occurs at the margins
of the Mexican Current, Yucatan Current, Gulf Loop Current, Florida
Current, and Gulf Stream; at the margins and centers of eddies produced
by these currents; at tidal rips and other convergence zones at the
plume seaward of the Mississippi River delta; at consolidated patches
(lines, mats) of pelagic Sargassum; and at other convergence zones
indicated by salinity fronts, temperature fronts, water-color changes,
or floating debris (including pelagic Sargassum). Loggerheads are also
found in the Sargasso Sea, the open-ocean ecosystem of pelagic drift
algae found in the Atlantic Ocean and defined by ocean currents (but
generally outside the U.S. EEZ). These habitat features are dynamic and
transitory. Juvenile sea turtles do not just use the currents as
passive transport, but will actively swim to maintain a position in
currents that provide favorable transport away from coastal areas and
cold waters that would present lower odds of survival (Putman et al.
2012). The importance of such current systems, and access to those
currents by hatchling sea turtles, are thought to influence the
evolution of sea turtle nesting location choices and may explain the
limited loggerhead nesting in large sections of the Gulf of Mexico that
would have otherwise suitable beaches (Putman et al. 2010).
The actual duration of the oceanic juvenile stage varies. In the
North Pacific Ocean, juveniles may spend an estimated 27 years in their
oceanic phase (Conant et al. 2009) with juvenile loggerheads not
returning to coastal neritic habitats until around 60 cm (24 in) SCL
(Ishihara et al. 2011, referring to coastal waters of Japan; Y.
Matsuzawa and Sea Turtle Association of Japan,
[[Page 43009]]
unpublished data). In the Atlantic Ocean, the duration of the oceanic
juvenile stage is estimated to be between 7 and 24 years, with
juveniles recruiting to neritic habitats over a size range of 45.5-64
cm (18-25 in) curved carapace length (Bolten et al. 1993; Bjorndal et
al. 2000; Snover 2002; Bjorndal et al. 2003; Loggerhead Turtle Expert
Working Group (TEWG 2009)). Studies conducted in the Northwest Atlantic
Ocean and Mediterranean Sea indicate that some juveniles move between
neritic and oceanic zones (Keinath 1993; Laurent et al. 1998; Witzell
2002; Bolten 2003; Morreale and Standora 2005; Mansfield 2006;
McClellan and Read 2007; Eckert et al. 2008; Mansfield et al. 2009;
Arendt et al. 2012c).
The neritic juvenile stage begins when loggerheads exit the oceanic
zone and enter the neritic zone (Bolten 2003). After migrating to the
neritic zone, juvenile loggerheads continue maturing until they reach
adulthood, engaging in foraging and migratory behavior. In the western
North Atlantic, neritic juvenile loggerheads inhabit continental shelf
waters from Cape Cod Bay, Massachusetts, south through Florida, the
Bahamas, Cuba, and the Gulf of Mexico (Musick and Limpus 1997; Spotila
et al. 1997a; Hopkins-Murphy et al. 2003). Notable inshore habitat
includes estuarine waters such as Long Island Sound, Delaware Bay,
Chesapeake Bay, Pamlico and Core Sounds, the large open sounds of South
Carolina and Georgia, Mosquito and Indian River Lagoons, Biscayne Bay,
Florida Bay, and numerous embayments fringing the Gulf of Mexico
(Musick and Limpus 1997; Spotila et al. 1997a; Hopkins-Murphy et al.
2003). Juvenile loggerheads reside in particular developmental foraging
areas for many years (Lutcavage and Musick 1985; Mansfield 2006;
Ehrhart et al. 2007; Braun-McNeill et al. 2008a; Arendt et al. 2012f).
Sea turtle migrations and distribution in neritic habitat are largely
correlated to environmental conditions including sea surface
temperature (SST) (Coles and Musick 2000; Braun-McNeill et al. 2008b)
and changes in habitat quality over time (e.g., declines in prey
availability (Mansfield et al. 2009). Some juveniles move between
neritic and oceanic zones (Keinath 1993; Laurent et al. 1998; Witzell
2002; Bolten 2003; Morreale and Standora 2005; Mansfield 2006;
McClellan and Read 2007; Eckert et al. 2008; Mansfield et al. 2009;
Arendt et al. 2012c).
The neritic zone also provides important foraging habitat,
internesting habitat, breeding habitat, and migratory habitat for adult
loggerheads. Habitat preferences of non-nesting adult loggerheads in
the neritic zone differ from the juvenile stage in that relatively
enclosed, shallow water estuarine habitats with limited ocean access
are less frequently used. Areas such as Pamlico Sound, North Carolina,
and the Indian River Lagoon, Florida, regularly used by juvenile
loggerheads, are only rarely frequented by adults (Ehrhart and Redfoot
1995; Epperly et al. 2007). In comparison, estuarine areas with more
open ocean access, such as the Delaware Bay and the Chesapeake Bay in
the U.S. mid-Atlantic, as well as the neritic shelf waters of the Mid-
Atlantic Bight and the South Atlantic Bight are regularly used by both
juvenile and adult loggerheads, primarily during warmer seasons
(Lutcavage and Musick 1985; Spotila et al. 1998; Stezer 2002; Mansfield
2006; Hawkes et al. 2007; Mansfield et al. 2009; Hawkes et al. 2011;
Arendt et al. 2012b; Arendt et al. 2012c; Arendt et al. 2012d; Ceriani
et al. 2012; Pajuelo et al. 2012; Griffin et al., unpublished data).
Shallow water habitats with large expanses of open ocean access, such
as Florida Bay, provide year-round resident foraging areas for
significant numbers of male and female adult loggerheads, including
nesting females (Schroeder et al. 1998; Witherington et al. 2006).
Loggerheads are distributed along the east coast of the United
States and Gulf of Mexico, generally along the continental shelf
approximately out to the 200 m (656 ft) bathymetric contour line (TEWG
2009). Seasonal composites indicate few to no turtles occurring
coastally north of 36[deg] N. lat., or just north of Cape Hatteras,
North Carolina, during winter. From spring through fall, turtles
occurred in nearshore coastal waters with high use areas occurring from
South Carolina north into Virginia's Chesapeake Bay and coastal waters
of the Mid-Atlantic Bight. During the colder fall and winter months,
turtles had a high frequency of days spent south of Cape Hatteras
through Florida.
In the Gulf of Mexico, nearshore coastal surveys have been
infrequently conducted, with most surveys further offshore (TEWG 2009).
When surveys covered nearshore areas, sightings usually were reported.
This was especially true during fall surveys off the west coast of
Florida, indicating a high density of loggerheads sighted during those
surveys.
Adults may also periodically move between neritic and oceanic zones
(Harrison and Bjorndal 2006; Hawkes et al. 2006; Girard et al. 2009;
Reich et al. 2010; Eder et al. 2012). Hatase et al. (2002) used stable
isotope analyses and satellite telemetry to demonstrate that some adult
female loggerheads nesting in Japan inhabit oceanic habitats rather
than neritic habitats. Kobayashi et al. (2011) found that non-
reproductive loggerheads (size 64.0-92.0 cm (25.2-36.2 in) SCL)
originally satellite tagged in Taiwan spent portions of their time in
neritic habitats, exhibiting a quasi-resident behavior between Taiwan,
China, Japan, and South Korea, and 12.5 percent of their time in the
high seas. Reich et al. (2010) analyzed stable isotopes and epibionts
from Florida nesting loggerheads and found that some turtles may
inhabit oceanic habitats. However, Pajuelo et al. (2012) evaluated the
stable isotope values from Reich et al. (2010) and from northern
nesting areas in conjunction with satellite telemetry data. This study
identified three neritic foraging areas based on isotopic ratios, with
differences associated with latitudinal gradients (Pajuelo et al.
2012).
In neritic zones, loggerheads are primarily carnivorous, although
they do consume some plant matter as well (see Bjorndal 1997; and Dodd
1988, for reviews). Loggerheads feed on a wide variety of food items
with ontogenetic, regional, and even individual differences in diet. In
general, loggerheads in neritic habitats within the Northwest Atlantic
Ocean prey on benthic invertebrates, primarily mollusks and benthic
crabs (NMFS and USFWS 2008). Loggerheads occurring in the Eastern
Pacific Ocean while in neritic habitats of Baja California Sur, Mexico,
feed extensively on pelagic red crabs (Pleuroncodes planipes)
(Wingfield et al. 2011).
Critical Habitat
Section 4 of the Endangered Species Act of 1973, as amended (ESA)
requires the designation of critical habitat for threatened and
endangered species ``to the maximum extent prudent and determinable,''
and provides for the revision of critical habitat based on the best
scientific data available, as appropriate. (16 U.S.C. 1533(a)(3)(A); 16
U.S.C. 1533(b)(2)). Critical habitat may only be designated in areas
under U.S. jurisdiction (50 CFR 424.12(h)).
Section 4(b)(2) of the ESA requires us to designate critical
habitat for threatened and endangered species ``on the basis of the
best scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impact, of specifying any particular area as critical
habitat.'' Section 4(b)(2) also grants the Secretary of Commerce
(Secretary) discretion to exclude any area from critical habitat if s/
he determines ``the benefits of such
[[Page 43010]]
exclusion outweigh the benefits of specifying such area as part of the
critical habitat.'' However, the Secretary may not exclude areas that
``will result in the extinction of the species.''
The ESA defines critical habitat in section 3(5)(A) as: ``(i) the
specific areas within the geographical area occupied by the species, at
the time it is listed . . . on which are found those physical or
biological features (I) essential to the conservation of the species
and (II) which may require special management considerations or
protection; and (ii) specific areas outside the geographical area
occupied by the species at the time it is listed . . . upon a
determination by the Secretary that such areas are essential for the
conservation of the species.''
Joint NMFS-USFWS regulations emphasize that in identifying critical
habitat, the agencies shall consider those PBFs that are essential to
the conservation of a given species and that may require special
management considerations or protection (50 CFR 424.12(b)). The
regulations provide examples of the kinds of essential features to
consider, which may include but are not limited to:
(1) Space for individual and population growth, and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, rearing of offspring,
germination, or seed dispersal; and generally
(5) Habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of a species.
The regulations also require agencies to ``focus on the principal
biological or physical constituent elements'' (hereafter referred to as
``Primary Constituent Elements'' or PCEs) within the specific areas
considered for designation, which ``may include, but are not limited
to, the following: . . . nesting grounds, spawning sites, feeding
sites, seasonal wetland or dryland, water quality or quantity, . . .
geological formation, vegetation type, tide, and specific soil types''
(50 CFR 424.12(b)). There is inherent overlap between what may
constitute a PBF and what can be enumerated as a PCE. In this proposed
rule, when we set out a list of PCEs with a PBF, our intent is that the
PBF exists whenever a sufficient subset of PCEs is present to allow the
habitat to serve the conservation function for a single life stage. It
is not necessary for all the PCEs to occur simultaneously.
Section 4(b)(2) of the ESA and our implementing regulations (50 CFR
424.12(a)), require designation of critical habitat to be based on the
best scientific data available. Accordingly, we reviewed the most
recent and comprehensive assessment for loggerheads by habitat category
(e.g., neritic, oceanic), which for most cases was the TEWG (2009).
This review resulted in the identification of relatively high use areas
(generally those with 60 or more turtle days in the TEWG satellite
tracking analysis figures), which served as a proxy for identifying
important habitat areas, especially as there is little quantitative
data on loggerhead use of offshore waters. This information was
supplemented by known and available studies that were not included in
the TEWG analysis or occurred subsequent to it. For the nearshore
reproductive habitat, we relied on data and information on nesting
distribution and patterns to identify nearshore reproductive areas
associated with high density nesting beaches, as described in the USFWS
proposed rule to designate critical habitat for the Northwest Atlantic
Ocean DPS (78 FR 18000, March 25, 2013). For the Sargassum habitat, we
reviewed data on the distribution of Sargassum and its relationship to
loggerhead habitat needs to identify Sargassum habitat.
Once critical habitat is designated, section 7 of the ESA requires
Federal agencies to ensure they do not fund, authorize, or carry out
any actions that are likely to result in the ``destruction or adverse
modification'' of that habitat (16 U.S.C. section 1536(a)(2)). This
standard is separate from the section 7 requirement that Federal
agencies must ensure that their actions are not likely to ``jeopardize
the continued existence of'' listed species.
Geographical Area Occupied by the Species
As noted above, the statutory definition of ``critical habitat''
requires that we initially identify the geographical area occupied by
the species at the time of its listing. NMFS has interpreted
``geographical area occupied'' in the definition of critical habitat to
mean generally the range of the species at the time of listing (which,
for the loggerhead DPSs, was September 22, 2011 (76 FR 58868).
Loggerhead sea turtles occur throughout the temperate and tropical
regions of the Atlantic, Pacific, and Indian Oceans (Dodd 1988).
Because critical habitat can only be designated in U.S. territory, the
findings set out in this proposed rule are limited to the Northwest
Atlantic Ocean and North Pacific Ocean DPSs within the U.S. Economic
Exclusive Zone (EEZ). For both of these DPSs, there is no known
unoccupied marine habitat because all areas known to have been
historically occupied are still occupied. As such, we identified the
geographical area occupied as south of 60[deg] N. lat., north of the
equator, and west of 40[deg] W. long. for the Northwest Atlantic Ocean
DPS, and south of 60[deg] N. lat. and north of the equator for the
North Pacific Ocean DPS (76 FR 58868, September 22, 2011). While this
is the range occupied by the species, we reviewed data for only U.S.
EEZ waters within that range. Within the U.S. EEZ, loggerhead sea
turtle nesting occurs only within the Northwest Atlantic Ocean DPS, and
USFWS defined the terrestrial portion of the geographical area occupied
in this DPS as those areas where nesting has been documented for the
most part annually for a 10-year period (2002 to 2011) (78 FR 18000,
March 25, 2013).
Northwest Atlantic Ocean DPS
As stated earlier, we analyzed three ecosystem types when
identifying critical habitat: Terrestrial, neritic, and oceanic.
Because NMFS has jurisdiction only in the marine environment, this rule
examines areas within the broad categories of neritic and oceanic
habitat, although as we worked through our analysis we also identified
Sargassum habitat as a separate category, as Sargassum occurs in both
neritic and oceanic habitat.
Neritic habitat consists of the nearshore marine environment from
the surface to the sea floor where water depths do not exceed 200 m
(656 ft), including inshore bays and estuaries. For purposes of
describing potential critical habitat in the Atlantic Ocean, the CHRT
considered loggerhead behavior and broke discussions of neritic habitat
into several habitat types: (1) Nearshore Reproductive Habitat,
including hatchling swim frenzy and internesting female habitat; (2)
Foraging Habitat; (3) Wintering Habitat; (4) Breeding Habitat; (5)
Constricted Migratory Habitat; and (6) Sargassum Habitat. However,
because of the overlap of many of these habitats, all but the Sargassum
Habitat (which also extends into oceanic habitat) were labeled Neritic
Habitat in any units proposed for designation as critical habitat.
Nearshore Reproductive Habitat: Nearshore reproductive habitat
includes habitat for the hatchling swim frenzy and for females during
the internesting period from the shoreline (Mean High Water (MHW))
seaward 1.6 km (1 mile). This nearshore zone is a vulnerable,
[[Page 43011]]
pivotal transitional habitat area for hatchling transit to open waters,
and for nesting females to transit back and forth between open waters
and nesting beaches during their multiple nesting attempts throughout
the nesting season. The location of nearshore reproductive habitat is
determined largely by the location of the nesting beaches. The four
recovery units identified in the Recovery Plan for the Northwest
Atlantic Population of the Loggerhead Sea Turtle (NMFS and USFWS 2008)
represent nesting assemblages and, thus, the geographical areas
utilized for nesting by each unit contain this nearshore reproductive
habitat. The recovery units are (1) the Northern Recovery Unit, which
is defined as loggerheads originating from nesting beaches from the
Florida-Georgia border through southern Virginia (the northern extent
of the nesting range); (2) the Peninsular Florida Recovery Unit,
defined as loggerheads originating from nesting beaches from the
Florida-Georgia border through Pinellas County on the west coast of
Florida, excluding the islands west of Key West, Florida; (3) the Dry
Tortugas Recovery Unit, defined as loggerheads originating from nesting
beaches throughout the islands located west of Key West, Florida,
because these islands are geographically separated from other recovery
units; and (4) the Northern Gulf of Mexico Recovery Unit, defined as
loggerheads originating from nesting beaches from Franklin County on
the northwest Gulf coast of Florida through Texas (the western extent
of U.S. nesting range). The fifth recovery unit, the Greater Caribbean
Recovery Unit, includes all nesting assemblages within the Greater
Caribbean, which are outside the U.S. EEZ with a few exceptions in
Puerto Rico and the U.S. Virgin Islands. Marine waters offshore Puerto
Rico and the U.S. Virgin Islands are not proposed as critical habitat
and will not be discussed further, due to extremely limited records of
inhabitance (Pollock et al. 2009).
The habitat characteristics of this nearshore zone are important in
female nest site selection and successful repeat nesting. In addition
to nesting beach suitability and proximity to nearshore oceanic
currents needed for hatchling transport, habitat suitable for transit
between the beach and open waters by the adult female turtle is
necessary. Nesting females typically favor beach approaches with few
obstructions or physical impediments such as reefs or shallow water
rocks which may make the entrance to nearshore waters more difficult or
even injure the female as she attempts to reach the surf zone (Salmon
2006). During the internesting period, loggerhead sea turtles have been
shown to use varying strategies. It is rare for turtles to travel well
offshore during internesting, with the vast majority remaining no more
than a few miles from shore. However, the nearshore areas used range
from individuals remaining directly off the beach on which they had
just nested, to individuals traveling substantial distances along shore
before settling into a resting area to await the next nesting attempt,
with habitats types ranging from the back side of barrier islands, to
sand, to structure (Hopkins and Murphy 1981; Stoneburner 1982;
Mansfield et al. 2001; Griffin 2002; Scott 2006; Tucker 2009; Hart et
al. 2010).
Foraging Habitat: Foraging loggerheads are commonly found
throughout the continental shelf from Florida to Cape Cod,
Massachusetts, and in the Gulf of Mexico from Florida to Texas,
although their presence in more northern waters (north of Cape
Hatteras) is dependent upon suitable water temperature (Shoop and
Kenney 1992; Keinath 1993; Epperly et al. 1995a; Morreale and Standora
2005; Braun-McNeill et al. 2008b; NMFSa 2012). In other words, foraging
grounds for juvenile and adult loggerheads are essentially the entire
continental shelf, including estuaries, bays, and sounds (Hopkins-
Murphy et al. 2003; Morreale and Standora 2005).
In-water surveys were reviewed to identify habitat features of
important foraging grounds, although this endeavor was largely
unsuccessful. Arendt et al. (2012d) conducted trawl surveys from South
Carolina to northern Florida and found loggerhead capture locations to
be clustered throughout the survey area. While there were spatial
hotspots and cold spots in this area, the origin of spatial clusters
could not be explained by biotic and other environmental parameters
(Arendt et al. 2012d). Mansfield et al. (2009) also examined
environmental parameters (e.g., SST, chlorophyll a, sea surface height,
net primary productivity) associated with satellite-tracked juvenile
loggerheads in the neritic and oceanic environment. Parameter ranges
varied by season and by habitat, with the highest chlorophyll values
associated with neritic loggerheads during the summer (Mansfield et al.
2009).
In addition to the satellite telemetry and aerial survey data
indicating high use areas, diet studies examining stomach contents, and
trawl studies mentioned above, stable isotope analyses of nitrogen and
carbon have been examined to provide information on forage species and
the environment in which loggerheads foraged (Vander Zanden et al.
2010; Ceriani et al. 2012; Pajuelo et al. 2012a; Pajuelo et al. 2012b).
While large scale geographic regions (e.g., Mid-Atlantic Bight, South
Atlantic Bight) used by adult loggerheads to forage can be identified
by stable isotope studies, feeding areas at a finer scale will require
the use of additional biomarkers (Pajuelo et al. 2012b).
Winter Habitat: The importance of winter habitat became clear as we
evaluated foraging habitat given the unique nature and patterns of this
seasonal habitat. While loggerheads from northern foraging areas may
inhabit other areas during the winter (e.g., Georgia and Florida;
Hawkes et al. 2007; Mansfield et al. 2009), the best available data
indicates that the area south of Cape Hatteras is an important winter
concentration area, especially for turtles from the Northern Recovery
Unit and other Recovery Units that may forage in northern waters.
Cold water temperatures can be lethal for ectothermic marine
turtles, with temperatures lower than 10 [deg]C leading to cold
stunning, the metabolic suppression of activity which may result in
stranding and death (George 1997; Milton and Lutz 2003). Water
temperatures north of Cape Hatteras decrease in the fall, which
coincides with a southerly migration of loggerheads in search of more
favorable habitat (Lutcavage and Musick 1985; Shoop and Kenney 1992;
Byles 1988; Keinath 1993; Morreale and Standora 2005; Mansfield et al.
2009). Loggerheads inhabiting northern foraging areas during the summer
move to winter areas, presumably to avoid declining water temperatures
(which fall as low as 5 [deg]C), whereas loggerheads found in southern
foraging areas (off Georgia and Florida) year round do not need to
migrate across latitudes in the fall and winter because water
temperatures generally remain above 18 [deg]C in winter (Hawkes et al.
2011).
Loggerheads migrate southward past Cape Hatteras when water
temperatures cool, but the end destination appears to vary (Morreale
and Standora (2005). Some turtles continue moving to a position far
enough south to ensure suitable temperatures throughout the winter
(e.g., off Florida), while others move to the closest position with
reasonable temperatures (e.g., southern North Carolina). Indeed, the
region south of Cape Hatteras, North Carolina, has been identified as a
high use concentration area for loggerheads in the winter months
(Epperly et al. 1995a;
[[Page 43012]]
Keinath 1993; Morreale 1999; Mansfield et al. 2009; TEWG 2009; Hawkes
et al. 2011; Ceriani et al. 2012; Griffin et al., unpublished data).
Some evidence indicates loggerheads concentrate in certain areas
during the winter, while some data suggest wider dispersal in winter
than in the summer and movement into oceanic waters (Mansfield et al.
2009; Arendt et al. 2012c). Cape Canaveral, Florida, is one of these
winter areas with a concentration of loggerheads, some of which may be
brumating (Carr et al. 1980; Henwood 1987; Ogren and McVea 1995;
Morreale and Standora 2005). The combination of water temperatures,
shallow water, and relative production contribute to the suitability of
Cape Canaveral during the winter (Morreale and Standora 2005).
The difference between wintering areas off Florida and the Gulf of
Mexico and waters off southern North Carolina (at what is thought to be
the northern extent of suitable winter habitat) is that southern North
Carolina provides consistent warm water habitat and is the closest
thermally habitable winter environment for turtles that forage further
north (Keinath 1993; Mansfield et al. 2009). Inhabiting the area
between Cape Hatteras and Cape Fear during the winter at the edge of
the Gulf Stream minimizes migratory distance back to northerly summer
foraging areas, and therefore the time and energy needed to reach them,
while avoiding cold winter temperatures in inshore waters at the same
latitude, and reducing the energetic costs necessary to maintain a
position within the strong currents of the Gulf Stream (Epperly et al.
1995a; Hawkes et al. 2007; Mansfield et al. 2009). The Gulf Stream
flows along the shelf edge from the south, coming relatively close to
shore off Cape Hatteras, then turning offshore to the northeast.
Favorable temperature and depth regimes occur throughout the winter
along the western edge of the Gulf Stream from Cape Hatteras south
(Epperly et al. 1995a). Further, offshore waters in southern North
Carolina would be expected to be more thermally stable than inshore
waters (Hawkes et al. 2011). The western edge of the Gulf Stream
provides warm waters and, together with the confluence of other water
masses, creates a dynamic and highly productive environment (SAFMC
2002; Mansfield et al. 2009). High upwelling coastal regions have been
noted as having particular importance as potential foraging areas
(McCarthy et al. 2010).
Breeding Habitat: While breeding likely occurs anywhere that
reproductively active males and females encounter each other during the
breeding season, efficient propagation of such a widely dispersed
species would require that breeding-age adults either remain in regular
proximity to each other or migrate to specific locations at specific
times to gather for breeding. Arendt et al. (2012b) concluded that
loggerheads in the Northwest Atlantic Ocean DPS use both strategies.
Some reproductively mature males and females co-occur on foraging
grounds year round, while others migrate to and concentrate in
established areas during the breeding season (Hawkes et al. 2011;
Arendt et al. 2012b; Foley et al. in review). While mating does occur
across a larger area and further out from shore, it appears to be more
common closer to the nesting grounds (Owens 2012, pers. comm.). Mating
primarily begins a few weeks prior to the nesting season and may last
more than six weeks (Miller et al. 2003). The nesting season for
loggerhead turtles in the Northwest Atlantic Ocean is typically from
late April to early September (NMFS and USFWS 2008). We recognize the
data limitations and inherent difficulty in identifying every breeding
area that marine species inhabit, so we analyzed the known high density
breeding aggregations to derive their associated specific habitat
features to frame the evaluation for critical habitat designation.
While mating is also prevalent offshore of the nesting beaches, two
primary breeding sites were identified as containing large
concentrations of reproductively active male and female loggerheads in
the spring, prior to the nesting season. The first is off southern
Florida, from the shore out to the 200 m (656 ft) contour in between
the Marquesas Keys and the Martin County/Palm Beach County line. Foley
et al. (in review) concludes that this area is serving as a
concentrated breeding site based upon their research on turtle
movements in the migratory corridor, along with other studies on adult
male and female movements and capture data, and anecdotal reports of
mating pairs. This is further supported by unpublished data of
reproductively active male and female loggerheads in this area prior to
the nesting season (Foley 2012, pers. comm.).
The second area identified as a concentrated breeding site is
located in the nearshore waters just south of Cape Canaveral, Florida.
The location is central to the high value Florida east coast nesting
beaches (as defined in the USFWS proposed rule to designate terrestrial
critical habitat for the Northwest Atlantic Ocean DPS (78 FR 18000) and
at the northern extent of southern Florida).
We were unable to identify specific habitat features within the
breeding areas to distinguish them from other areas not used for
breeding. In the face of a lack of clear habitat features, we believe
it is reasonable to conclude that the importance of the breeding areas
is based primarily on their locations. The first area is located within
the southern Florida migratory corridor leading to the prime nesting
habitat, and the second area is central to the prime nesting habitat
along the east coast of Florida and at the northern end of the
migratory corridor.
Constricted Migratory Habitat: Migratory habitat, particularly
habitat that is constricted, was examined closely as we sought to
describe critical habitat. Loggerheads are wide-ranging, with
individuals often traveling long distances among nesting, breeding, and
foraging sites. The continental shelf appears to be a natural
delineation for migratory corridors of juveniles and adults. Although
some individuals take less direct migratory routes, and some even cross
the shelf out to open waters to access foraging grounds in the
Caribbean (Arendt et al. 2012b; Ceriani et al. 2012), telemetry data
from most studies show that all but a few individuals migrating to or
from nesting and foraging grounds use waters between land and the shelf
break and/or nearshore current (Gulf Stream or Florida Current).
We identified two migratory corridors that are constricted in
width, as indicated by both the width of the continental shelf and
available satellite tracks, and thus more vulnerable to perturbations
than other migratory areas along the continental shelf. These migratory
corridors occur off the coast of North Carolina and Florida.
The first constricted migratory corridor is off the coast of North
Carolina. As noted above, sea turtles are highly migratory and
ectothermic, thus linked to the thermal constraints of their
environment (Spotila et al. 1997b). For those loggerheads that migrate
northward in the spring (to foraging areas in the Mid-Atlantic Bight),
and southward in the fall (to waters with more suitable water
temperatures, e.g., south of Cape Hatteras), passage through the waters
off North Carolina is necessary. The continental shelf offshore North
Carolina narrows considerably between 34.75[deg] and 36[deg] N. lat,
resulting in a narrow strip of available neritic habitat (Arendt et al.
2012b), which is approximately 30 km (18.6 miles) in width off Cape
Hatteras (SAFMC 2002). This narrow corridor of
[[Page 43013]]
continental shelf waters extends to the north and south, until the
continental shelf widens and the turtles have a larger available area
to inhabit. The shelf break depth ranges from approximately 150 m (492
ft) in the Mid-Atlantic Bight to 50 m (164 ft) off Cape Hatteras to 70
m (230 ft) in Onslow Bay (Werner et al. 1999). While some loggerheads
may move offshore with the Gulf Stream at the junction of Cape Hatteras
(McClellan and Read 2007; Mansfield et al. 2009), the majority of
telemetry data shows neritic juveniles and adults transiting the waters
of the narrow continental shelf along the North Carolina Outer Banks
(Morreale and Standora 2005; Mansfield et al. 2009; Hawkes et al. 2011;
Arendt et al. 2012b; Griffin et al., unpublished data).
The second constricted migratory corridor is off the southeastern
coast of Florida. Of several migratory corridors along the continental
shelf that have been identified for Florida turtles, one along the
southeastern coast of Florida from the Keys to the central east coast
of the state is the only one that is constricted by a narrowing of the
shelf. This southern Florida corridor stretches from the western edge
of the Marquesas Keys to Cape Canaveral, with the shelf, and thus the
migratory route used by the turtles, widening substantially beyond each
of the end points. This narrow shelf is under 2 km (1.2 mi) wide at its
narrowest off West Palm Beach with a gradual widening north of West
Palm Beach up to Cape Canaveral where it is around 50 km (31.1 mi)
wide. The narrowing results in a highly defined, constricted and
densely-used migratory corridor that appears to be important for a
large proportion of the Peninsular Florida Recovery Unit post-nesting
females tracked from the Archie Carr National Wildlife Refuge (NWR).
These turtles followed the narrow route along the coast of southern
Florida and some ended their migration on the southwest Florida shelf,
whereas others traveled north along the shelf or out to the Caribbean
(Ceriani et al. 2012; Foley et al. in review). The importance of this
route was also noted from anecdotal information cited in Meylan et al.
(1983) where aerial surveys for bluefin tuna resulted in the sightings
of hundreds of loggerhead turtles along the Florida Keys reef tract in
mid-to-late May 1976 and 1977 during the breeding season and early
nesting season. The same surveys found only a few turtles at any given
time in April and early May in the same areas. The use of this
migratory corridor has also been documented for some adults and
juveniles making their fall migration from the Mid-Atlantic Bight area
to the Gulf of Mexico (Mansfield 2006; Mansfield et al. 2009). While
most of the research conducted has involved post-nesting females, there
is information that male loggerheads also use the same corridor for
reproduction-related migrations (Arendt et al. 2012b). It is also
notable that a portion of the Southern Florida migratory corridor also
serves as a concentrated breeding site.
Sargassum Habitat: Sargassum habitat is found in both the neritic
and oceanic environment. Witherington et al. (2012) found that the
distribution of post-hatchling and early juvenile loggerheads was
determined by the presence of Sargassum. Indeed, in surveys in which
they measured the relative abundance of sea turtles in transects of
surface-pelagic habitat across areas with and without Sargassum,
Witherington et al. (2012) found that 89% of 1,884 post-hatchling and
juvenile turtles were initially observed within 1 meter of floating
Sargassum. Sargassum rafts are likely not the only habitat of this life
stage, as young turtles move through other areas where Sargassum does
not occur (Carr and Meylan 1980); however, loggerheads may be actively
selecting these habitats for shelter and foraging opportunities.
Behavioral studies have shown that neonate loggerheads are attracted to
floating seaweed and hide motionless for long periods of time in the
weed (Mellgren et al. 1994; Mellgren and Mann 1996). Further,
laboratory and field experiments with post-hatchling loggerhead and
green turtles found that the turtles oriented towards Sargassum (Smith
and Salmon 2009). Post-hatchlings remain at or near the surface for the
majority of the time while in the Sargassum environment (Mansfield et
al. 2012; Mansfield and Putman in press). Witherington et al. (2012)
found the majority of loggerheads to be within 1 m (3.3 ft) of
Sargassum, and of those turtles, most were inactive at the surface,
suggesting that they were drifting with Sargassum rather than
transiting through it. Of the turtles that were active at the surface,
most were found with their front flippers or mouths actively touching
or manipulating Sargassum, a behavior consistent with active foraging
(Witherington et al. 2012). Neritic size loggerheads are also found in
association with Sargassum on the continental shelf (Witherington 2012,
pers. comm.).
Pelagic Sargassum supports a diverse assemblage of marine
organisms, including over 100 species of fish, fungi, micro- and macro-
epiphytes, at least 145 species of invertebrates, four species of sea
turtles, and numerous marine birds (SAFMC 2002). The planktonic
community beneath the Sargassum along the Gulf Stream front is more
productive than the core of the Gulf Stream or the waters of the outer
continental shelf, and potential loggerhead food is in greater
abundance than the surrounding water (Richardson and McGillivary 1991).
Witherington (2002) captured post-hatchling loggerheads in association
with floating material near a Gulf Stream front off east-central
Florida. Analysis of loggerhead gut content showed that 70 percent of
ingested organisms were associated with the Sargassum community (see
Witherington 2002). Witherington et al. (2012) propose that the diet of
turtles found within the Sargassum community is that of a generalist,
opportunistic omnivore.
Sargassum is widespread and the geographical and temporal
distributions are variable and not well understood. Most pelagic
Sargassum in the Atlantic Ocean circulates between 20[deg] N. and
40[deg] N. lat. and 30[deg] W. long. and the western edge of the
Florida Current/Gulf Stream (SAFMC 2002; Dooley 1972). These
downwelling Sargassum areas also occur close to the shore and in the
Gulf of Mexico (Bortone et al. 1977; Gower and King 2011), and may
occur in the Atlantic Ocean as far north as the Grand Banks (Dooley
1972; SAFMC 2002). Distribution and movement of pelagic Sargassum in
the Gulf of Mexico and western Atlantic Ocean exhibits a temporal
pattern from year to year (Gower and King (2011). Sargassum is
concentrated in the northwest Gulf of Mexico from March to June, then
spreads eastward into the central and eastern Gulf of Mexico. After
September, few concentrations are present in the Gulf of Mexico.
Sargassum detection counts are generally low in the Atlantic Ocean for
the months of March, April, and May, then disperse into both the Gulf
of Mexico and a widespread area of the Atlantic Ocean east of Cape
Hatteras, spreading further east (approximately to 45[deg] W. long.) by
September and ending up northeast of the Bahamas in February of the
following year (Gower and King 2011).
In the western North Atlantic Ocean, the highest Sargassum
production has been found in the Gulf Stream, lowest on the shelf, and
intermediate in the Sargasso Sea, with Sargassum contributing about 0.5
percent of the total primary production in the respective area, but
nearly 60 percent of the total in the upper 1 m (3 ft) of the water
column (Howard and Menzies 1969; Carpenter and Cox 1974; Hanson
[[Page 43014]]
1977). Sargassum production varies by season, with the greatest biomass
occurring off the southeastern U.S. coast after July (Gower and King
2011). This roughly coincides with peak hatchling production in the
southeastern United States (Mansfield and Putman in press).
The specific density of Sargassum that may result in high
concentration of loggerhead turtles is unknown. It has been suggested
that turtle density increases with Sargassum density and Sargassum
consolidation, especially when Sargassum consolidation is linear
(Witherington et al. 2012). Sargassum consolidation is greatest at
strong convergences, which occur at fronts, especially at the margins
of major surface currents. Witherington et al. (2012), however,
captured most turtles in Sargassum outside these dense convergence
zones (i.e., in scattered patches, weak convergences, windrows), so a
direct correlation between strong convergences and essential loggerhead
habitat cannot be made. That said, the highest density of post-
hatchling loggerheads was found near the Gulf Stream (a major
convergence) off Florida; little effort and few captures occurred at
major convergences in the Gulf of Mexico (Witherington et al. 2012).
The physical forces that aggregate Sargassum also aggregate
pollutants and debris, making this habitat especially vulnerable.
Witherington et al. (2012) found a high frequency of plastics in the
Sargassum community, which may impact the quality and prey species
found in this habitat (as well result in direct impacts to loggerheads
from ingestion). This plastic and debris may originate from a variety
of sources, and disposal at sea or on land.
Oceanic Habitat: Although adults transition between neritic and
oceanic habitat, the oceanic habitat is predominantly used by young
loggerhead sea turtles that leave neritic areas as neonates or young
juveniles, and remain in oceanic habitat moving with the predominant
ocean gyres for several years. The ocean currents and gyres, such as
the Gulf Stream and Florida Loop Current in the Atlantic Ocean, serve
as important dispersal mechanisms for hatchlings and neonate sea
turtles as well as vital developmental habitat for those early age
classes. The presence of Sargassum is important for the oceanic
juvenile life stage, as it offers a concentrated, protected foraging
area, with facilitated dispersal by associated oceanic currents.
The oceanic juvenile stage in the North Atlantic Ocean has been
primarily studied in the waters around the Azores and Madeira (Bolten
2003). In Azorean waters, satellite telemetry data and flipper tag
returns suggest a long period of residency (Bolten 2003), whereas off
Madeira, turtles appear to be transient (Dellinger and Freitas 2000).
Preliminary genetic analyses indicate that juvenile loggerheads found
in Moroccan waters are of western Atlantic Ocean origin (M. Tiwari,
NMFS, and A. Bolten, unpublished data).
Other concentrations of oceanic juvenile turtles exist in the
Atlantic Ocean, such as in the region of the Grand Banks off
Newfoundland (Witzell 2002). Much of the information on the prevalence
of juvenile loggerheads in U.S. oceanic waters comes from captures in
the pelagic longline fishery (Witzel 1999; Yeung 2001; NMFS 2004;
Watson et al. 2005; LaCasella et al., in review). High loggerhead
bycatch has been observed in the U.S. Northeast distant pelagic fishing
statistical reporting area, which is in the western North Atlantic
Ocean, including the Grand Banks (Witzel 1999; Yeung 2001). However,
fishery-dependent data may not necessarily indicate important
loggerhead habitat, as it is only representative of the distribution of
fishing effort. Previous genetic information indicated the Grand Banks
were foraging grounds for a mixture of loggerheads from all the North
Atlantic Ocean rookeries (Bowen et al. 2005; LaCasella et al. 2005),
but recent analysis shows that juvenile loggerheads in the central
North Atlantic Ocean (e.g., the Grand Banks) are almost exclusively of
Northwest Atlantic Ocean DPS nesting stock origin (instead of Northeast
Atlantic Ocean or Mediterranean Sea DPSs), with the majority coming
from the large eastern Florida rookeries (LaCasella et al., in review).
There are limited fishery-independent studies on the oceanographic
features associated with loggerhead high use areas in the Atlantic
oceanic environment. However, McCarthy et al. (2010) analyzed movement
of satellite-tracked juvenile loggerheads (n=10) in relation to the
environment they occupied within the North Atlantic Ocean. All
loggerheads exhibited behavior interpreted as foraging in waters with
high chlorophyll a and shallower parts of the ocean compared to deeper,
low chlorophyll areas (McCarthy et al. 2010). Further, straighter
tracks (not interpreted as foraging) occurred in warmer SST and areas
with weaker current velocity. Juvenile loggerheads may spend more time
foraging in shallow oceanic waters (represented by seamounts) with high
chlorophyll (McCarthy et al. 2010). Juveniles have also been found in
areas of high primary productivity and along the edges of mesoscale
eddies (identified by sea surface height anomalies) (Mansfield et al.
2009).
North Pacific Ocean DPS
The following discussion is not divided by ecosystem (i.e.,
terrestrial, neritic, and oceanic zones) and habitat type, as with the
Northwest Atlantic Ocean DPS, due to the limited occurrence of
loggerheads within the North Pacific Ocean DPS in habitats under U.S.
jurisdiction. Within the U.S. EEZ, loggerheads are found only in waters
northwest of the Hawaiian Islands, and off the U.S. west coast,
primarily the Southern California Bight, south of Point Conception. No
loggerhead nesting occurs within U.S. jurisdiction. Loggerhead nesting
has been documented only in Japan (Kamezaki et al. 2003), although low
level nesting may occur outside of Japan in areas around the South
China Sea (Chan et al. 2007). Loggerhead hatchlings undertake extensive
developmental migrations using the Kuroshio and North Pacific Current
(Polovina et al. 2001; Polovina et al. 2006; Kobayashi et al., 2008),
and some turtles reach the vicinity of Baja California in the eastern
Pacific Ocean (Uchida and Teruya 1988; Bowen et al. 1995; Peckham et
al. 2007). After spending years foraging in the central and eastern
Pacific Ocean, loggerheads return to their natal beaches for
reproduction (Resendiz et al. 1998; Nichols et al. 2000) and remain in
the western Pacific Ocean for the remainder of their life cycle
(Iwamoto et al. 1985; Kamezaki et al. 1997; Sakamoto et al. 1997;
Hatase et al. 2002; Ishihara et al. 2011).
In the central North Pacific Ocean, foraging juvenile loggerheads
congregate in the boundary between the warm, vertically-stratified, low
chlorophyll water of the subtropical gyre and the vertically-mixed,
cool, high chlorophyll transition zone water. This boundary area is
referred to as the Transition Zone Chlorophyll Front and is favored
foraging and developmental habitat for juvenile loggerhead turtles
(Polovina et al. 2001; Kobayashi et al. 2008). Satellite telemetry of
loggerheads also identified the Kuroshio Extension Current (KEC),
specifically the Kuroshio Extension Bifurcation Region (KEBR), as a
forage hotspot (Polovina et al. 2006; Kobayashi et al. 2008). The KEBR
is an area of high primary productivity that concentrates zooplankton
and other organisms that in turn attract higher trophic level
predators, including sea turtles (Polovina et al. 2004). Loggerhead sea
[[Page 43015]]
turtle habitat in the North Pacific Ocean occurs between 28[deg] N. and
40[deg] N. lat. (Polovina et al. 2004) and SST of 14.45 [deg]C to 19.95
[deg]C (58.01 [deg]F to 67.91 [deg]F) (Kobayashi et al. 2008), but is
highly correlated at the 17/18 [deg]C (63/64 [deg]F) isotherm (Howell
et al. 2008).
Within the U.S. EEZ around Hawaii, North Pacific Ocean DPS
developmental, foraging and transiting habitat described above occurs
both seasonally and inter-annually within the southernmost fringe of
the Transition Zone Chlorophyll Front. Although the Transition Zone
Chlorophyll Front located north and northwest of Hawaii is an oceanic
foraging area for juveniles (Polovina et al. 2006), the area extending
into the U.S. EEZ is very limited compared to the foraging area
overall. Further, the area of the U.S. EEZ around Hawaii does not
provide suitable SST, and therefore suitable loggerhead habitat, from
July to November.
Loggerheads, which have been documented off the U.S. west coast and
southeastern Alaska, are primarily found south of Point Conception, the
northern boundary of the Southern California Bight. In Alaska, only two
loggerheads have been documented since 1960 (Hodge and Wing 2000). In
Oregon and Washington, records have been kept since 1958, with nine
strandings recorded over approximately 54 years (NMFS Northwest Region
stranding records database, unpublished data). In California, 48
loggerheads have either stranded or been taken in the drift gillnet
fishery since 1990.
Of 32 documented strandings in California from 1990 to 2012, only
four loggerheads have stranded north of Point Conception. The majority
of strandings occurred in months associated with warmer SSTs (July-
September), although loggerheads also stranded in the colder months
(December-February) (NMFS Southwest Region sea turtle stranding
database, unpublished data). An examination of the records from 1990 to
2010 showed that just over half of the loggerheads (14 of 26) stranded
in the Southern California Bight area during non-El Ni[ntilde]o events
(Allen et al. 2013).
The only fishery that has been documented as interacting with
loggerheads off the U.S. west coast and Alaska is the California/Oregon
(now just California) drift gillnet fishery targeting swordfish and
thresher sharks. This fishery has been observed by the NMFS Southwest
Region since 1990, with roughly 20 percent observer coverage. Since
1990, 16 loggerheads have been observed taken by this fishery. All of
the fishery interactions have taken place south of Point Conception.
The loggerheads caught in these drift gillnets were most likely early
and late oceanic stage juveniles (Ishihara et al. 2011).
Off the U.S. west coast, the southward flowing California Current
moves along the California coast, after which it swings westward as the
California Current Extension and becomes or joins the North Pacific
Equatorial Current. Normally this current brings low salinity, low
nutrient waters relative to upwelled waters along the coast (Chavez et
al. 2002). Northerly-moving countercurrents include (1) the Davidson
Countercurrent, flowing northward and coastally between Point
Conception and the Pacific Northwest; (2) the Southern California
Countercurrrent, moving coastally from southern Baja California and
expanding into a gyre inside the islands off southern California; and
(3) the California undercurrent transporting deeper waters (~200 m (~
656 ft)) northward toward California from the Baja peninsula, and
bringing warmer, higher saline and nutrient/oxygen-poor waters into the
Southern California Bight (in Boyd 1967; Bograd and Lynn 2001). The
seasonal behavior of these current features may influence prey of
loggerheads and other marine species. Overall the Southern California
Bight is little influenced by coastal upwelling, and is therefore
nutrient-limited over much of the year.
During some El Ni[ntilde]os, anomalies in the wind field in the
western equatorial Pacific Ocean generate Kelvin waves that move
eastward, depressing the thermocline, deepening the nutricline, and
developing warm surface temperatures. Reduced coastal upwelling also
leads to less nutrient-rich waters and less biological production
(Chavez et al. 2002). The normal current pattern, as described above,
is also altered, with a reduced southward surface transport of the
California Current and increased northward flow of the deeper
California Undercurrent, bringing more tropical planktonic species such
as warm-water krill and, most importantly for loggerheads, pelagic red
crabs, found to be an important prey species of these turtles off
central Baja California (Schwing et al. 2005; Peckham et al. 2011).
A comparison of the habitat features within the Southern California
Bight under El Ni[ntilde]o and non-El Ni[ntilde]o conditions with those
in central Baja California, reveals significant differences. This helps
explain why loggerheads are found primarily off Baja and rarely off
southern California. South of Point Eugenia on the Pacific coast of
Baja California, pelagic red crabs have been found in great numbers,
attracting top predators such as tunas, whales and sea turtles,
particularly loggerheads (Blackburn 1969; Pitman 1990; Wingfield et al.
2011). This area is highly productive due to its unique
geomorphological and physical oceanographic features, which promote
upwelling through persistent positive wind-stress and wind stress curl
(Ekman pumping). Water is recirculated in the upwelling shadow,
providing warmer SSTs. Fronts exist in the nearshore area which
converge cold and warm water, enhance prey abundance and, maintain high
densities of red crabs. Thus, foraging opportunities and thermal
conditions are optimal for loggerhead sea turtles (Wingfield et al.
2011), and these turtles have been documented in the thousands in this
area off Baja California (Pitman 1990; Seminoff et al. 2006). Pitman
(1990) found loggerhead distribution off Baja to be strongly associated
with the red crab, which often occurred in such numbers as to ``turn
the ocean red.''
Allen et al. (2013) reported a significant difference in stable
carbon ([delta]\13\C) and nitrogen ([delta]\15\N) isotope ratios
between eight loggerheads bycaught by the California drift gillnet
fishery in the Southern California Bight and loggerheads in Baja,
Mexico. The team also found that isotope ratios of Southern California
Bight turtles were highly similar to those of loggerheads sampled in
the central Pacific Ocean. However, of hundreds of loggerheads foraging
in oceanic and neritic habitats of the North Pacific Ocean that have
been studied via satellite telemetry (Polovina et al. 2003; Polovina et
al. 2004; Polovina et al. 2006; Kobayashi et al. 2008; Howell et al.
2010; Nichols et al. 2000; Peckham et al. 2011), few turtles exhibited
movements toward the U.S. west coast or toward the Baja California
Peninsula. Further review of the loggerhead tagging database of turtles
tagged in the central north Pacific Ocean showed only 2 out of 54,655
track records showed up in the U.S. west coast EEZ (Kobayashi, 2012,
pers. comm). This occurred in October 1998 and was found to be a
transition period between the 1997-1998 El Ni[ntilde]o and a La
Ni[ntilde]a (Benson et al. 2002). In addition, Peckham et al. (2011)
reported that of 40 loggerheads outfitted with satellite transmitters
off the Baja California Peninsula, none of the turtles traveled north
to southern California.
Little is known about the importance of prey to loggerheads found
in southern California waters. Few necropsies have been conducted on
loggerheads
[[Page 43016]]
stranded or bycaught off the U.S. west coast. Based on the stable
isotope analysis by Allen et al. (2013), loggerheads found off the U.S.
west coast may employ a strategy similar to that of loggerheads found
in the central North Pacific Ocean, i.e. that they forage
opportunistically on a wide variety of prey. However, identifying
oceanographic and biological features that aggregate prey in the
Southern California Bight is not as clear as in the central north
Pacific Ocean (concentrations of phytoplankton which attract neustonic
and oceanic organisms, etc.; Parker et al. 2005). Confounding this is
the documented presence (and assumed co-occurrence) of both loggerheads
and pelagic red crabs in the Southern California Bight during non-
normal (El Ni[ntilde]o) years. Because loggerheads are rarely found off
the U.S. west coast and they are generally opportunistic feeders, no
prey could be identified as a biological feature of habitat for this
species.
Although nearly all (15 of 16) loggerheads observed taken by the
California drift gillnet fishery occurred during El Ni[ntilde]o events,
Allen et al. (2013) point out that loggerheads have stranded off
southern California during non-El Ni[ntilde]o events. An examination of
the records showed that the SSTs in the vicinity of bycaught turtles
were similar to the SSTs that loggerheads associated with off the
central North Pacific Ocean (14 [deg]C to 19.95 [deg]C (58 [deg]F to 68
[deg]F) (Kobayashi et al. 2008). Given this wide range and non-
predictability of SST as a habitat feature within the Southern
California Bight, we could not identify SST as a habitat feature for
loggerheads. In addition, given the variability in oceanographic (e.g.
currents, lack of prolific or profound year-round upwelling or fronts/
gyres) and biological (e.g. chlorophyll a) features that are associated
within the Southern California Bight during both non-El Ni[ntilde]o and
El Ni[ntilde]o years, and which differ so profoundly from other areas
where loggerheads are regularly found in large numbers (i.e. the
central north Pacific Ocean and off central Baja California, Mexico),
we could identify no such habitat features associated with loggerheads
found off the Southern California Bight.
Description of Physical or Biological Features and Primary Constituent
Elements and Identification of Specific Sites
Based on the best available scientific information, we identified
PBFs of habitat essential for the conservation of the loggerhead sea
turtle, as well as the PCEs that support the PBFs. A particular area of
critical habitat serves its conservation function whenever one or more
of the PBFs is present. Further, because the various life stages will
depend upon different PCEs, it is not necessary for every PCE listed
with a PBF to be present in order to find that the PBF is present in a
specific area. So long as a sufficient subset of PCEs is present to
allow the habitat to serve the conservation function for a single life
stage, we would conclude that the PBF is found within the area.
We also described the means used to identify specific sites that
contain the PBFs and PCEs considered essential to the conservation of
the species. In this rulemaking, we include a summary of the means used
to identify terrestrial habitat, even though terrestrial critical
habitat was proposed for designation by USFWS (78 FR 18000; March 25,
2013), because the critical habitat for nearshore reproductive habitat
is very closely associated with the terrestrial habitat. The means used
to identify specific habitat containing the PBFs and PCEs in each
category (e.g., nearshore reproductive, foraging, migratory, etc.) was
different from category to category because each category and life
history stage warrant different considerations. As appropriate and
consistent with the best available science, we expressly sought to
include areas that provided the highest level of conservation benefit
to the species, with particular consideration of areas needed to
support recovery units discussed in the species' recovery plan (which
is by definition reflective of the best available scientific
information regarding the conservation needs of the species). Because
information that allowed us to use quantitative criteria (such as was
done for terrestrial habitat) was lacking, we necessarily identified
most marine habitat in a more qualitative manner.
Northwest Atlantic Ocean DPS
PBFs and PCEs were identified for each of the following habitats:
(1) Terrestrial Habitat (nesting; done by USFWS); (2) Neritic Habitat
(nearshore reproductive, foraging, winter, breeding, migratory); and
(3) Sargassum Habitat. No PBFs or PCEs were identified for Oceanic
Habitat in the Northwest Atlantic Ocean DPS because we could find no
specific habitat features that were essential to the conservation of
the species within this area other than Sargassum.
Terrestrial Habitat: USFWS describes the PBFs of terrestrial
habitat as (1) sites for breeding, reproduction or rearing (or
development) of offspring, and (2) habitats protected from disturbance
or representative of the historical, geographic and ecological
distributions of the species. See 78 FR 18000 (March 25, 2013) for more
specifics on these PBFs and the PCEs.
As explained further in their proposed rule for terrestrial
habitat, USFWS used the following process to select appropriate
terrestrial critical habitat units for Northwest Atlantic Ocean DPS.
For each recovery unit, they looked at nesting densities by state (or
units within the State in the case of Florida) to ensure a good spatial
distribution of critical habitat and to address the conservation needs
of each recovery unit delineated in the Recovery Plan for the Northwest
Atlantic Population of the Loggerhead Sea Turtle (NMFS and USFWS 2008).
They identified beach segments as islands or mainland beaches separated
by creeks, inlets, or sounds, except for long, contiguous beaches, in
which case they used political boundaries, e.g., Myrtle Beach. USFWS
then divided beach nesting densities (mean density of nest counts from
2006-2011) into quartiles (four equal groups) by state or, for
peninsular Florida, by 5 units within the State, and selected beaches
that were within the upper quartile--high density nesting beaches--for
designation as critical habitat. USFWS also identified adjacent beaches
for each of the high density nesting beaches, i.e., USFWS selected one
beach to the north and one to the south of each of the high density
nesting beaches identified for inclusion as critical habitat. Because
loggerheads are known to exhibit high site fidelity to individual
nesting beaches, and because they nest on dynamic beaches that may be
significantly degraded or lost through natural processes and upland
development, USFWS concluded that protecting beaches adjacent to high
nesting density beaches should provide sufficient habitat to
accommodate nesting females whose primary nesting beach has been lost.
These areas also will facilitate recovery by providing additional
nesting habitat for population expansion. For the Dry Tortugas Recovery
Unit, USFWS proposed designating as terrestrial critical habitat all
islands west of Key West, Florida where loggerhead nesting has been
documented, due to the extremely small size of this recovery unit.
Using the rationale described above, USFWS identified 88 units as
terrestrial critical habitat for the loggerhead sea turtle. The
methodology used for identifying critical habitat is described in
detail in the USFWS proposed rule (78 FR 18000, March 25, 2013).
Neritic Habitat: Neritic habitat in the United States occurs only
within the
[[Page 43017]]
range of the Northwest Atlantic Ocean DPS. We described neritic habitat
as waters that are less than 200 m (656 ft) in depth. We described the
PBFs and PCEs of neritic habitat as occurring in five categories, which
were determined in consideration of the types of loggerhead behavior
essential for conservation: Nearshore reproductive, foraging, winter,
breeding, and constricted migratory.
Nearshore Reproductive Habitat: We describe the PBF of nearshore
reproductive habitat as a portion of the nearshore waters adjacent to
nesting beaches that are used by hatchlings to egress to the open-water
environment as well as by nesting females to transit between beach and
open water during the nesting season.
PCEs that support this habitat are the following:
(1) Nearshore waters directly off the highest density nesting
beaches as identified in 78 FR 18000 (March 25, 2013) to 1.6 km
offshore;
(2) Waters sufficiently free of obstructions or artificial lighting
to allow transit through the surf zone and outward toward open water;
and
(3) Waters with minimal manmade structures that could promote
predators (i.e., nearshore predator concentration caused by submerged
and emergent offshore structures), disrupt wave patterns necessary for
orientation, and/or create excessive longshore currents.
As indicated above, the identification of nearshore reproductive
habitat was based primarily on the location of beaches identified as
high density nesting beaches by USFWS (78 FR 18000, March 25, 2013), as
well as beaches adjacent to the high density nesting beaches that can
serve as expansion areas, in accordance with the process described in
Terrestrial Habitat above. Because the nesting beach habitat considered
for designation by USFWS has the densest nesting within given
geographic locations, the greatest number of hatchlings is presumed to
be produced on these beaches and either the greatest number of nesting
females and/or the most productive females presumably nests on these
beaches. Currently, nearshore reproductive habitat includes waters off
the four high density or expansion nesting beaches that were not
proposed for designation as terrestrial critical habitat by USFWS
because they occur on military lands that are exempt from designation
due to the existence of an adequate Integrated Natural Resources
Management Plan (INRMP). They are identified here as essential
nearshore reproductive habitat because either their INRMPs do not
address waters off the beach or it is not clear to the extent that they
address waters off the beach. We are in discussions with the U.S.
Marine Corps regarding the INRMP for Onslow Beach on Marine Corps Base
(MCB) Camp Lejeune and nearshore areas under their control. We may
revisit this determination prior to finalizing this proposed rule.
In determining the boundary for this nearshore reproductive
habitat, there was no clear distance from shore indicated in available
information and from discussions with experts on hatchling movements.
We considered using 1.6 km (1 mile), 4.8 km (3 miles), and distances
farther from shore. A study from Georgia (Scott 2006) showed that
satellite tagged turtles were observed within state jurisdictional
waters (3 miles (4.8 km)) 82 percent of the time. However, longshore
dispersal during internesting is also relatively high and turtles may
disperse miles away from the nesting beach. Scott (2006) reported that
14 of the 22 turtles (64 percent) had mean distances along shore from
the nesting site of >=10 km (6.2 miles) and 7 (32 percent) had mean
distances of >=20 km (12.4 miles). Numerous other studies have
documented similar longshore movement distances during the internesting
period (Hopkins and Murphy 1981; Stoneburner 1982; Mansfield et al.
2001; Mansfield 2006; Griffin 2002; Tucker 2009; Hart et al. 2010).
Hatchlings, which remain in a swim frenzy for 20-30 hours (Carr and
Ogren 1960; Carr 1962; Carr 1982; Wyneken and Salmon 1992; Witherington
1995), presumably move well beyond 4.8 km (3 miles).
We determined that a distance of 1.6 km (1 mile) from the MHW line
of each identified high-density nesting beach would most accurately
identify the areas essential to the conservation of loggerhead sea
turtles because nearshore waters pose the greatest opportunity for
disruption of the habitat functions necessary for offshore egress for
hatchlings and transit to and from the nesting beach by nesting
females. Threats to the essential function of the hatchling swim frenzy
habitat include physical impediments to offshore egress, predator
concentration, disruption of wave angles used for orientation to open
water, and the formation of strong longshore currents resulting from
artificial structures (such as breakwaters or groins), the vast
majority of which would occur well within the 1.6 km (1 mile) line.
Studies such as Witherington and Salmon (1992) have shown that
predation of hatchling sea turtles was substantially higher in the
vicinity of reef structure, even patchy, low-relief reefs, than over
open sand. Hatchling dispersal during the swim frenzy is both
energetically expensive and time-limited. Disorientation and prolonging
of the time in which hatchlings attempt to reach deeper, open waters
can be expected to have a significant, though unquantifiable, impact on
the hatchlings. One such effect can be excess resource expenditures
resulting in physiological effects reducing fitness or survival as a
result of excessively high lactate levels that are known to occur
during frenzy activity (Dial 1987). As they go farther from shore,
hatchling dispersal is expected to increase substantially due to
individual differences in the angles they swim away from shore and the
effects of longshore currents, and the likelihood for significant
habitat disruption preventing the hatchlings from reaching their post-
hatchling transition habitat is much lower. Likewise, internesting
female dispersal is expected to increase in habitats beyond nearshore
waters as discussed previously. A distance of 1.6 km (1 mile) from MHW
would include the areas most in need of protection from potential
habitat disruptions such as the construction and placement of
structures that could alter the nearshore habitat conditions and thus
affect hatchling egress to open waters from those beaches and nesting
female transit to and from the nesting beaches.
The amount and distribution of nearshore reproductive habitat being
proposed for designation is closely linked to the USFWS terrestrial
critical habitat designation (78 FR 18000, March 25, 2013). Designation
of nearshore reproductive habitat off the high density and adjacent
nesting beaches will conserve Northwest Atlantic Ocean DPS by doing the
following: (1) Protecting nearshore habitat adjacent to a broad
distribution of nesting sites; (2) allow for movement between beach
areas depending on habitat availability (response to changing nature of
coastal beach habitat) and support genetic interchange; (3) allow for
an increase in the size of each recovery unit to a level at which the
threats of genetic, demographic, and normal environmental uncertainties
are diminished; and (4) maintain their ability to withstand local or
unit level environmental fluctuations or catastrophes.
Using the rationale described above, we identified 36 units of
nearshore reproductive habitat.
Foraging Habitat: Identification of foraging areas for
consideration as critical habitat was a challenge, given the wide-
spread nature of foraging
[[Page 43018]]
loggerheads in the Northwest Atlantic Ocean and the lack of clear
habitat features of foraging areas, as discussed below.
We describe the PBF of foraging habitat as specific sites on the
continental shelf or in estuarine waters frequently used by large
numbers of juveniles or adults as foraging areas.
The PCEs that support this habitat are the following:
(1) Sufficient prey availability and quality, such as benthic
invertebrates, including crabs (spider, rock, lady, hermit, blue,
horseshoe), mollusks, echinoderms and sea pens; and
(2) Water temperatures to support loggerhead inhabitance, generally
above 10[deg] C.
We identified high use areas throughout the Atlantic Ocean and Gulf
of Mexico, as these areas likely have habitat features that are
critical to population recovery. In order to identify high use foraging
areas, available data on sea turtle distribution were considered.
Specifically, we evaluated information from aerial and shipboard
surveys, stable isotope analyses, satellite telemetry studies, and in-
water studies to identify areas of known high use foraging habitat.
First, aerial survey and, in some cases, shipboard survey
information obtained from available reports were evaluated for
loggerhead concentration patterns (Shoop and Kenney 1992; Epperly et
al. 1995; Keinath 1993; Keinath et al. 1996; Mansfield 2006; TEWG 2009;
NMFS 2011; NMFSa 2012; Virginia Aquarium 2011a, 2011b, 2012a, 2012b).
The aerial survey information showed that loggerheads were dispersed
from inshore waters and across the continental shelf from Massachusetts
through the Gulf of Mexico. Seasonal differences in distribution were
apparent.
Second, we reviewed available stable isotope papers, which can be
used to identify distinct foraging regions based upon the carbon and
nitrogen values of the prey (Wallace et al. 2009; Vander Zanden et al.
2010; Ceriani et al. 2012; Pajuelo et al. 2012a; Pajuelo et al. 2012b).
The analyses (some of which were combined with satellite telemetry)
revealed distinct foraging areas, but on a broad scale. That is, the
Mid- and South Atlantic Bights were recognized as prime foraging areas
for adult loggerheads, but within these large foraging grounds, finer
scale feeding areas could not be identified with the available
methodology. The stable isotope papers corroborated the aerial survey
information of widespread inhabitance (foraging) in the Atlantic Ocean.
In order to evaluate more specific foraging areas and the habitat
features of these high use areas, we then considered satellite
telemetry data from published and available sources (McClellan and Read
2007; Hawkes et al. 2007; TEWG 2009; Mansfield et al. 2009; Hawkes et
al. 2011; Arendt et al. 2012a; Arendt et al. 2012b; Arendt et al.
2012c; Foley et al. in review; Griffin et al., unpublished data;
McClellan, unpublished data; NEFSC and Coonamessett Farm Foundation,
unpublished data; Virginia Aquarium 2011a, 2011b, 2012a, 2012b). This
analysis resulted in a number of high use areas that were further
evaluated in consideration of the identified habitat features that
would dictate such a high use area. High use areas were considered to
be areas with identified home ranges (Hawkes et al. 2011), kernel
density utilization distributions (Mansfield 2006; McClellan,
unpublished data) or a concentration of satellite telemetry points
(generally, those with 60 or more turtle days in the TEWG satellite
tracking analysis figures) in a particular area (Mansfield et al. 2009;
TEWG 2009; Hawkes et al. 2011; Griffin et al., unpublished data).
There are limited in-water habitat assessments for loggerheads.
However, in-water loggerhead capture studies were reviewed in order to
gauge the prevalence of the identified habitat features. Such in-water
information included regional trawl surveys off South Carolina to
northern Florida (Arendt et al. 2012d; Arendt et al. 2012f) and long-
term capture studies in North Carolina and Florida (Epperly et al.
2007; Ehrhart et al. 2007). NMFS fishery bycatch analyses for bottom
trawl, dredge, and gillnet gear were also evaluated in the event those
assessments would provide oceanographic correlate information
associated with turtle interactions, which would then be helpful in
habitat assessments (Murray 2009; Warden 2011; Murray 2011). For
example, for commercial trawls, bycatch rates were highest in waters
<50 m (164 ft) deep and SST >15 [deg]C (59[emsp14][deg]F) and south of
37[deg] N. lat. (Warden 2011). Observable interaction rates between sea
turtles and commercial scallop dredges in the Mid-Atlantic were higher
with warm SST (generally >17[deg] C (62.6[emsp14][deg]F)), depth of
around 40-60 m (131-197 ft), and without chain mat use (Murray 2011).
For gillnets, rates were highest in SST >15[deg] C (59[emsp14][deg]F)
with large mesh gillnets and south of 36[deg] N. lat (Murray 2009). It
should be noted that these bycatch reports are largely a reflection of
where fishing effort is occurring (overlapping with high turtle
distribution) and may not be a true reflection of important loggerhead
habitat, e.g., there was limited observed bottom trawl effort south of
Cape Hatteras. To that end, Murray and Orphanides (in press) recently
evaluated fishery independent and dependent data to identify
environmental conditions associated with turtle presence and the
subsequent risk of a bycatch encounter if fishing effort is present. We
also reviewed this information, finding that fishery-independent
encounter rates were a function of latitude, SST, depth, and salinity.
When the model was fit to fishery dependent data (gillnet, bottom
trawl, and scallop dredge), it found a decreasing trend in encounter
rates as latitude increases, an increasing trend as SST increases, a
bimodal relationship between encounter rates and salinity, and higher
encounter rates in depths between 25 and 50 m (Murray and Orphanides,
in press).
The above information supports the widespread nature of loggerhead
foraging behavior and associated habitat, spread all along the Atlantic
coast wrapping around to the southwest Florida coast and into the Gulf
of Mexico. It was difficult to identify habitat features necessary for
foraging beyond water temperature and sufficient prey availability and
quality, and these both occur year-round in the Gulf of Mexico and the
Atlantic coast up to North Carolina, and as far north as Massachusetts
in the summer. While loggerheads forage in warm waters throughout the
continental shelf, and there are some known foraging habitats, we found
no information on specific prey density or quality essential for the
conservation of loggerheads, which would serve as PCEs that would help
prioritize foraging area type. Foraging areas are likely populated by
loggerheads due to abundant or suitable benthic biota, but it is
possible that there are other environmental cues that may factor into
loggerhead foraging habitat selection. We considered evaluating
foraging habitat by substrate type (e.g., hard bottom), but there are
no quantitative studies that would help identify the required
concentrations and types of foraging substrate, and all are likely to
be widespread but patchy throughout the continental shelf. As such, the
habitat features of the considered high use foraging areas could not be
differentiated and prioritized compared to neighboring areas or
identified foraging areas in different regions.
Given the wide-spread nature of foraging loggerheads in the
Northwest Atlantic Ocean, and the lack of clear
[[Page 43019]]
habitat features of foraging areas, we were unsuccessful in identifying
specific high value sites as foraging critical habitat for loggerheads.
However, in reviewing the literature, we identified numerous sites of
known foraging habitat. In addition to the entire Mid-Atlantic and
South Atlantic Bights, and the shelf in the eastern Gulf of Mexico,
these areas include, but are not limited to, the following:
Delaware Bay, New Jersey/Delaware (Spotila et al. 1998;
Stezer 2002; Mansfield 2006; Griffin et al., unpublished data);
Chesapeake Bay, Virginia (Lutcavage and Musick 1985;
Keinath et al. 1987; Byles 1988; Mansfield 2006; Seney and Musick 2007;
Mansfield et al. 2009; Griffin et al., unpublished data);
Off the Outer Banks of North Carolina (Shoop and Kenney
1992; McClellan and Read 2007; Mansfield et al. 2009; Hawkes et al.
2011; Griffin et al., unpublished data);
Pamlico and Core Sounds, North Carolina (Avens et al.
2003; Sasso et al. 2007; McClellan 2009; Wallace et al. 2009);
Shipping channels in the southeast United States, e.g.,
Canaveral Harbor entrance channel, Florida; Fernandina Harbor St. Marys
River entrance channel (Kings Bay), Florida; Brunswick Harbor ocean bar
channel, Georgia; Savannah Harbor ocean bar channel, Georgia;
Charleston Harbor entrance channel, South Carolina (Van Dolah and Maier
1993; Dickerson et al. 1995; Arendt et al. 2012e);
Inshore waters of the northern Indian River Lagoon System,
Florida (north of South Bay, the Banana River, and Mosquito Lagoon;
Medonca and Ehrhart 1982; Witherington and Ehrhart 1989; Ehrhart et al.
2007);
Nearshore waters around Cape Canaveral, Florida (Henwood
1987; Arendt et al. 2012a);
Florida Bay, and waters around the Florida Keys (Schroeder
and Foley, unpublished data);
Continental shelf waters of southwest Florida (Girard et
al. 2009; Foley 2012, pers. comm.; Hart et al. 2012);
St. Joseph Bay, Florida Panhandle (Lamont 2012, pers.
comm.); and
Waters around Dry Tortugas (Hart et al. in prep).
Because we are not proposing any foraging areas for designation, we
specifically request input from the public as to the importance of
these areas to foraging, any other areas we may have overlooked, and
habitat features for foraging areas.
Winter Habitat: While reviewing foraging habitat for high use
areas, seasonal differences (e.g., summer vs. winter) were observed.
Because warm water winter habitat is essential for northern foraging
ectothermic sea turtles and the availability of preferred habitat
(water temperature) is confined to specific (southern) areas, we
decided to highlight this habitat category as an area of particular
importance for loggerheads.
We describe the PBF of winter habitat as warm water habitat south
of Cape Hatteras, North Carolina near the western edge of the Gulf
Stream used by a high concentration of juveniles and adults during the
winter months.
PCEs that support this habitat are the following:
(1) Water temperatures above 10 [deg]C from November through April;
(2) Continental shelf waters in proximity to the western boundary
of the Gulf Stream; and
(3) Water depths between 20 and 100 m.
In the consideration of winter habitat, the same data sets as those
for foraging habitat were evaluated. The same steps were also followed
as above, but greater emphasis was placed on the satellite telemetry
data to identify seasonal differences in distribution. While there were
other high use areas identified, this analysis revealed a consistent
high use area during the colder months off the coast of North Carolina
that may be a particularly important area for northern foraging
loggerheads.
While loggerheads inhabit and sometimes concentrate in other
southern areas during the winter (e.g., Florida), the information
reviewed indicated that the features off North Carolina serve to
concentrate juvenile and adult loggerheads, especially those foraging
in northern latitudes. The greatest loggerhead concentration in the
winter off North Carolina occurs south of Cape Hatteras (in particular
the area between Cape Lookout and Cape Fear) from November through
April (Mansfield et al. 2009; Hawkes et al. 2011; Griffin et al.,
unpublished data) in water depths between 20 to 100 m (Hawkes et al.
2011; McClellan, unpublished data; NEFSC and Coonamessett Farm
Foundation, unpublished data; Read 2013, pers. comm.). We identified
this winter habitat area as extending from Cape Hatteras, at the 20-m
depth contour straight across 35.27[deg] N. lat. to the 100 m (328 ft)
depth contour, south to Cape Fear at the 20 m (66 ft) depth contour
(approximately 33.47[deg] N. lat., 77.58[deg] W. long.) extending in a
diagonal line to the 100 m (328 ft) depth contour (approximately
33.2[deg] N. lat., 77.32[deg] W. long.). This southern diagonal line
(in lieu of a straight latitudinal line) was chosen to encompass the
loggerhead concentration area (observed in satellite telemetry data)
and identified habitat features, while excluding the less appropriate
habitat (e.g., nearshore waters at 33.2[deg] N. lat.).
The designation of critical habitat in southern North Carolina
during the winter will likely conserve loggerhead sea turtles by (1)
maintaining the habitat in an area where sea turtles are concentrated
during a discrete time period and for a distinct group of loggerheads
(e.g., northern foragers); and (2) allowing for variation in seasonal
concentrations based on water temperatures and Gulf Stream patterns.
Breeding Habitat: Concentrated breeding aggregations were
identified via a review of the literature and expert opinion. We
determined that such areas are essential to the conservation of the
species because, as a result of the high concentration of breeding
individuals, the areas likely represent important established locations
for breeding activities and the propagation of the species. Although
there is no clear, distinct boundary for these concentrated breeding
sites, we chose to constrain the boundaries of the proposed designation
to what we consider the ``core'' areas where data indicate adult males
congregate to gain access to receptive females.
We describe the PBFs of concentrated breeding habitat as sites with
high concentrations of both male and female adult individuals during
the breeding season.
PCEs that support this habitat are the following:
(1) High concentrations of reproductive male and female
loggerheads;
(2) Proximity to primary Florida migratory corridor; and
(3) Proximity to Florida nesting grounds.
We identified two primary breeding sites that have been noted in
the scientific literature as containing large concentrations of
reproductively active male and female loggerheads in the spring, prior
to the nesting season. The first is contained within the Southern
Florida migration corridor from the shore out to the 200 m (656 ft)
contour along the stretch of the corridor between the Marquesas Keys
and the Martin County/Palm Beach County line. The second area
identified as a concentrated breeding site is located in the nearshore
waters just south of Cape Canaveral, Florida. We attempted to identify
specific habitat features or boundaries to help delineate the areas to
be potentially proposed as critical habitat, but as
[[Page 43020]]
described previously, review of the literature and communication with
the researchers that determined the areas to be concentrated breeding
sites did not reveal such features. Given a lack of clear ``habitat''
features, per se, it appears a reasonable conclusion that the
importance of the breeding areas is based on concentrations of breeding
adults which facilitates breeding, and their locations, i.e., proximity
to prime nesting habitat and the migratory corridor leading to prime
nesting habitat. The first area is located within the southern Florida
migratory corridor leading to the prime nesting habitat, and the second
area is central to the prime nesting habitat along the east coast of
Florida and at the northern end of the migratory corridor.
The designation of critical habitat in the two Florida breeding
areas will help conserve loggerhead sea turtles by maintaining the
habitat in a documented high use area for behavior essential to the
propagation of the species.
Migratory Habitat: Migratory habitat, particularly well-defined,
high-use corridors (e.g., continental shelf and land), is essential to
the conservation of loggerheads. Further, corridors that are
constricted in width are more vulnerable to perturbations than other
migratory areas, and may be considered in particular need of
protection. Such constricted, high use corridors are used for traveling
from nesting, breeding, and foraging sites by both juvenile and adult
loggerheads. The corridors provide the function of a relatively safe,
efficient route for a large proportion of the population to move
between areas that are vital to the species for foraging and
reproduction. Thus, we focus our proposed designation of migratory
habitat on this type of corridor.
We describe the PBF of constricted migratory habitat as high use
migratory corridors that are constricted (limited in width) by land on
one side and the edge of the continental shelf and Gulf Stream on the
other side.
PCEs that support this habitat are the following:
(1) Constricted continental shelf area relative to nearby
continental shelf waters that concentrate migratory pathways; and
(2) Passage conditions to allow for migration to and from nesting,
breeding, and/or foraging areas.
Satellite telemetry information, in-water studies, and available
mid-Atlantic fishery bycatch assessments showed the majority of neritic
stage loggerhead migratory tracks to be on the continental shelf, with
two defined shelf constriction areas off North Carolina and Florida
(McClellan and Read 2007; Hawkes et al. 2007; Mansfield et al. 2009;
Murray 2009; TEWG 2009; Hawkes et al. 2011; Warden 2011; Arendt et al.
2012b; Arendt et al. 2012c; Ceriani et al. 2012; Griffin et al.,
unpublished data; NEFSC and Coonamessett Farm Foundation, unpublished
data; Virginia Aquarium 2011a, 2011b, 2012a, 2012b, Murray and
Orphanides, in press, Foley et al. in review). The constricted shelf
waters off North Carolina and southern Florida were identified as high
use (Murray 2009; Warden 2011; Foley et al. in review; Murray and
Orphanides in press). This information included both neritic stage
juveniles and adults from multiple Recovery Units, and also provided
details on seasonality of loggerhead movements and behavior on either
end of the migratory area (e.g., foraging, breeding, and nesting
areas).
Next, features that constricted the width of these corridors were
examined. While the shelf width off southern Florida (typically 3-4 km
off Palm Beach and Miami-Dade Counties) (Banks et al. 2008) is narrower
than the shelf width off North Carolina (approximately 30 km around
Cape Hatteras) (Townsend et al. 2004), both areas are constricted
relative to the shelf width of adjacent areas. The constricted shelf
waters off southern Florida and Cape Hatteras are also associated with
near-land contact by the Gulf Stream (Putman et al. 2010). This results
in the available neritic habitat being more narrowly confined in these
areas. The location of the Gulf Stream was also assessed as currents
may be a factor in guiding sea turtle migrations and distribution.
The loggerhead migratory corridor off North Carolina serves as a
concentrated migratory pathway for loggerheads transiting to neritic
foraging areas in the north, and back to winter, foraging, and/or
nesting areas in the south. The majority of loggerheads will pass
through this migratory corridor in the spring (April to June) and fall
(September to November), but loggerheads are also present in this area
from April through November and, given variations in water temperatures
and individual turtle migration patterns, these time periods are
variable.
The migratory corridor from the Marquesas Keys to the Cape
Canaveral area is the only identified corridor south of the North
Carolina corridor. This corridor stretches along the Florida coast from
the westernmost edge of the Marquesas Keys (82.17[deg] W. long.) to the
tip of Cape Canaveral (28.46[deg] N. lat.). The northern border
stretches from shore to the 30-m contour line. The seaward border then
stretches from the northeastern-most corner to the intersection of the
200-m contour line and 27[deg] N. lat. parallel. The seaward border
then follows the 200-m contour line to the westernmost edge at the
Marquesas Keys. Adult male and female turtles use this corridor to move
from foraging sites to the nesting beach or breeding sites from March
to May, and then use this corridor to move from the nesting beach or
breeding sites to foraging sites from August to October, while
juveniles and adults use it to move south during fall migrations to
warmer waters (Mansfield 2006; Mansfield et al. 2009; Arendt et al.
2012b; Foley et al. in review).
The designation of critical habitat in the North Carolina and
southern Florida migratory corridors will help conserve loggerhead sea
turtles by (1) preserving passage conditions to and from important
nesting, breeding, and foraging areas; and (2) protecting the habitat
in a narrowly confined area of the continental shelf with documented
high use by loggerheads.
Sargassum Habitat: Sargassum habitat occurs in both the neritic and
oceanic environment. The conservation of loggerhead sea turtles, in
particular the post-hatchling and small oceanic juvenile stages, is
dependent upon suitable foraging and shelter habitat, both of which are
provided by Sargassum in the Atlantic Ocean and Gulf of Mexico
(Witherington et al. 2012). Sargassum habitat refers to the overarching
habitat type that contains multiple life stages (e.g., post-hatchling,
juvenile) and behavior categories (e.g., foraging and shelter) of
loggerheads, as well as ecosystem zones (e.g., neritic and oceanic).
We describe the PBF of loggerhead Sargassum habitat as
developmental and foraging habitat for young loggerheads where surface
waters form accumulations of floating material, especially Sargassum.
PCEs that support this habitat are the following:
(1) Convergence zones, surface-water downwelling areas, and other
locations where there are concentrated components of the Sargassum
community in water temperatures suitable for the optimal growth of
Sargassum and inhabitance of loggerheads;
(2) Sargassum in concentrations that support adequate prey
abundance and cover;
(3) Available prey and other material associated with Sargassum
habitat including, but not limited to, plants and cyanobacteria and
animals endemic to
[[Page 43021]]
the Sargassum community such as hydroids and copepods; and
(4) Sufficient water depth and proximity to available currents to
ensure offshore transport, and foraging and cover requirements by
Sargassum for post-hatchling loggerheads, i.e., >10 m depth to ensure
not in surf zone.
Witherington et al. (2012) found that the presence of floating
Sargassum itself, irrespective of other detectable surface features,
defined habitat used by juvenile sea turtles. However, it is difficult
to identify specific areas where these weedlines are likely to form
consistently because Sargassum habitat is widespread and dynamic, and
dependent upon varying oceanic currents. In the Atlantic Ocean, most
pelagic Sargassum circulates between 20[deg] N. and 40[deg] N. lat.,
and 30[deg] W. long. and the western edge of the Florida Current/Gulf
Stream (SAFMC 2002). Given the available information on Sargassum and
loggerhead distribution, we consider Sargassum habitat essential for
the conservation of loggerhead turtles to occur south of 40[deg] N.
lat. throughout the Atlantic Ocean and Gulf of Mexico U.S. EEZ because
this is where the processes supporting dynamic Sargassum habitat, and
the essential features of that habitat, occur.
Sargassum generally circulates more in offshore waters; however, it
can occur close to shore, generally deeper than the 10-m depth contour
(Witherington, 2012, pers. comm.). While Sargassum may extend all the
way to land, the value of Sargassum habitat to loggerhead turtles in
the tidal range is debatable. The Sargassum found farther offshore
contains concentrated features of this habitat important to loggerhead
turtles (e.g., forage, cover, dispersal aid). As such, we considered
the 10-m depth contour as the shoreward boundary of Sargassum habitat
to represent the features essential to the conservation of loggerhead
turtles.
Given the broad range of Sargassum in the Northwest Atlantic Ocean,
we were unsuccessful in identifying specific sites as Sargassum
critical habitat for loggerheads. Instead, we found virtually the
entire range of Sargassum habitat within the U.S. EEZ essential to
loggerhead posthatchlings and juveniles, although we cannot identify
where it will occur at any point in time because Sargassum habitat is
dynamic and the habitat features are not present at all times
throughout the area.
We note that some conservation measures are currently in place to
protect Sargassum habitat. Essential Fish Habitat has been designated
in the Gulf of Mexico and the Atlantic under the Magnuson-Stevens
Fishery Conservation and Management Act. There is also a Fishery
Management Plan for Pelagic Sargassum Habitat that regulates the
harvest of Sargassum. However, we also note that these measures do not
provide the same protections as critical habitat.
Given the importance of Sargassum habitat to loggerhead turtles, we
are specifically seeking comment on the proposed inclusion in the final
rule of Sargassum critical habitat as U.S. waters south of 40[deg] N.
lat. in the Atlantic Ocean and Gulf of Mexico from the 10-m depth
contour to the outer boundary of the EEZ. For purposes of description,
we decided to separate the large geographical area of Sargassum habitat
into two large contiguous areas, the Gulf of Mexico and the U.S.
Atlantic Ocean, although the boundaries and extent of Sargassum habitat
could be described differently if we were provided with information
that enabled us to do so. If this area is included in the final rule,
we would include in the final rule the following specific unit
descriptions for Sargassum habitat (or some portion thereof, if we were
able to identify a more limited area where Sargassum habitat is likely
to occur):
LOGG-S-1--Atlantic Ocean Sargassum: U.S. waters south of 40[deg] N.
lat. in the Atlantic Ocean to the beginning of the Gulf of Mexico (the
Gulf of Mexico/Atlantic Ocean divides begins at the intersection of the
outer boundary of the U.S. EEZ and 83[deg] W. long., and proceeds
northward along that meridian to 24.58[deg] N. lat. (near the Dry
Tortugas Islands)) from the 10-m depth contour to the outer boundary of
the EEZ.
LOGG-S-2--Gulf of Mexico Sargassum: U.S. waters in the Gulf of
Mexico to the beginning of the Atlantic Ocean (the Gulf of Mexico/
Atlantic Ocean divide begins at the intersection of the outer boundary
of the U.S. EEZ and 83 [deg]W. long., and proceeds northward along that
meridian to 24.58[deg] N. lat. (near the Dry Tortugas Islands)) from
the 10-m depth contour to the outer boundary of the EEZ.
We would also include in the final rule the following as the
relevant ``physical or biological features essential for
conservation'':
Sargassum Habitat. Sargassum habitat occurs in both the neritic and
oceanic environment. We describe the PBFs of loggerhead Sargassum
habitat as developmental and foraging habitat for young loggerheads
where surface waters form accumulations of floating material,
especially Sargassum. PCEs that support this habitat are the following:
(1) Convergence zones, surface-water downwelling areas, and other
locations where there are concentrated components of the Sargassum
community in water temperatures suitable for the optimal growth of
Sargassum and inhabitance of loggerheads;
(2) Sargassum in concentrations that support adequate prey
abundance and cover; and
(3) Available prey and other material associated with Sargassum
habitat such as, but not limited to, plants and cyanobacteria and
animals endemic to the Sargassum community such as hydroids and
copepods.
Finally, we would include in the final rule the following overview
map for general guidance regarding the location of Sargassum critical
habitat.
BILLING CODE 3510-22-P
[[Page 43022]]
[GRAPHIC] [TIFF OMITTED] TP18JY13.000
We specifically seek comment on the proposed inclusion of Sargassum
habitat as critical habitat in the final rule, as well as the proposed
regulatory text for the specific unit descriptions, the physical or
biological features essential for conservation, and the overview map.
Because we recognize that this covers a great deal of area, we're
also seeking comment from the public on areas that more frequently
encompass convergence zones, surface-water downwelling areas and/or
other locations where concentrated components of the Sargassum
community are likely to be found in the Atlantic Ocean and Gulf of
Mexico in order to delimit more accurately and precisely potential
Sargassum critical habitat. This may include information on times of
year loggerheads are most likely to co-occur with Sargassum habitat.
Although consideration of effects to this habitat will be most
concerned with impacts to the Sargassum itself, such as large scale
directed take or large scale pollutants (such as would occur in an oil
spill, or large scale disposal or accidental release of trash, wastes
and toxic substances), we recognize that the inclusion of Sargassum
habitat would increase the regulatory burden on Federal agencies and
that the dynamic nature of the habitat presents inherent uncertainties
and rather novel issues not presented in previous designations by NMFS.
Thus, we're also seeking information on potential impacts of
designation of Sargassum habitat, including the conservation benefits
and economic and other costs, that may have been overlooked in this
proposed rule.
The designation of Sargassum critical habitat would help conserve
loggerhead sea turtles by (1) providing for essential forage, cover,
and transport habitat for a particularly vulnerable life stage (e.g.,
post-hatchlings); and (2) ensuring habitat longevity for a habitat type
that is important to multiple life stages and not able to be easily
replicated.
Oceanic Habitat. We describe oceanic habitat as waters that are 200
m (656 ft) or greater in depth. Aside from Sargassum habitat noted
above, we did not identify any additional PBFs of oceanic habitat
essential to conservation of the species within the Northwest Atlantic
Ocean DPS. While loggerheads occur in oceanic waters within the U.S.
EEZ and use the Gulf Stream and Florida Loop Current as important
dispersal features to access the developmental habitat of the ocean
gyres, we could find no specific habitat features that were essential
to the conservation of the species within this area other than
Sargassum.
North Pacific Ocean DPS
Within the range of the North Pacific Ocean DPS, neither neritic
nor Sargassum habitat are used by loggerheads within U.S. jurisdiction;
[[Page 43023]]
therefore, no PBFs were identified for these habitat types. PBFs (and
PCEs) were identified for Oceanic Habitat only. Although the Central
North Pacific and the Eastern Pacific/U.S. West Coast share the PBFs,
they have different accompanying PCEs.
Central North Pacific Ocean: We describe the essential PBFs of
loggerhead sea turtle oceanic habitat in the central North Pacific
Ocean as waters that support suitable conditions in sufficient quantity
and frequency to provide meaningful foraging, development, and/or
transiting opportunities to the population in the North Pacific Ocean.
PCEs in the central North Pacific Ocean that support this habitat
include the following:
(1) Currents and circulation patterns of the North Pacific Ocean
(KEBR, and the southern edge of the KEC characterized by the Transition
Zone Chlorophyll Front) where physical and biological oceanography
combine to promote high productivity (chlorophyll a = 0.11-0.31 mg/
m\3\) and sufficient prey quality (energy density >= 11.2 kJ/g) of
species; and
(2) Appropriate SSTs (14.45[deg] to 19.95[deg] C (58.01[deg] to
67.91[emsp14][deg]F)), primarily concentrated at the 17[deg] to 18[deg]
C (63[deg] to 64[emsp14][deg]F) isotherm.
Loggerhead foraging and developmental habitat in the North Pacific
Ocean occurs between 28[deg] N. and 40[deg] N. lat. (Polovina et al.
2004) in water with SST of 14.45[deg] C to 19.95[deg] C
(58.01[emsp14][deg]F to 67.91[emsp14][deg]F) (Kobayashi et al. 2008),
but is highly correlated at the 17/18[deg] C (63/64[deg] F) isotherm
(Howell et al. 2008). Kobayashi (2012c; NMFS Pacific Islands Fisheries
Science Center (PIFSC), unpublished data) estimated the proportion of
the habitat available to loggerheads that occurs in the U.S. EEZ around
Hawaii while taking into account seasonal and interannual variability,
and found a maximum of 4.2 percent of potential loggerhead habitat
within the U.S. EEZ. Kobayashi further examined the seasonal
variability of the broader range of SST (14.45[deg] C to 19.95[deg] C).
His analysis showed that this range of SST does not exist within the
U.S. EEZ from July through November, therefore further limiting
suitable loggerhead habitat within the U.S. EEZ around Hawaii to a
portion of the year.
Limited data exist to characterize westward migratory routes or
habitat of adults traveling back to Japan where they will breed and
nest. Of 48 loggerhead turtles fitted with satellite transmitters
deployed by the Grupo Tortuguero Proyecto Caguama project at foraging
areas in Baja California Sur, Mexico, three (two adults, 1 subadult)
transited through the U.S. EEZ around Hawaii (Peckham et al. 2011;
Peckham 2012, pers. comm). NOAA PIFSC Marine Turtle Research Program
stranding data indicate that since 1982 only two loggerheads have been
recorded as stranded in the Hawaiian Islands, which may suggest low use
of U.S. EEZ waters.
Despite historical population decline and nesting trend variability
(Kamezaki et al. 2003; Conant et al. 2009; Van Houtan and Halley 2011),
loggerheads appear to have remained widely distributed and continue to
occupy most, if not all, of their historical range in the central North
Pacific Ocean. Accordingly, those oceanic areas within loggerhead range
that are infrequently used generally do not provide the significant
function that they might for a species with a constricted range. The
potential loggerhead habitat occurring in the U.S. EEZ around Hawaii
represents between 0.68 percent and 4.2 percent of the total habitat in
the central portion of the Pacific Ocean. This habitat represents a
small percentage of suitable habitat, and the variables that make it
suitable only occur within the U.S. EEZ around Hawaii a portion of the
year in spite of loggerheads using areas north of it throughout the
year.
Given the information presented above, we conclude that the habitat
within the U.S. EEZ of the central North Pacific Ocean does not provide
meaningful foraging, development, and/or transiting opportunities to
the North Pacific Ocean DPS, and therefore does not contain PBFs
described in the previous section.
Eastern Pacific/U.S. West Coast: We describe the essential PBFs of
loggerhead sea turtle oceanic habitat in the eastern North Pacific
Ocean as waters that support suitable conditions in sufficient quantity
and frequency to provide meaningful foraging, development, and/or
transiting opportunities to the population in the North Pacific Ocean.
PCEs in the eastern North Pacific Ocean that support this habitat
include the following:
(1) Sites that support meaningful aggregations of foraging
juveniles; and
(2) Sufficient prey densities of neustonic and oceanic organisms.
Given that so few loggerheads have been found off the coasts of
Alaska (two since 1960), Oregon and Washington (nine since 1958), and
California north of Point Conception (four of 32 off the coast of
California since 1990), the only area considered for designation of
critical habitat off the U.S. west coast is the area in southern
California from Point Conception south to the U.S.-Mexico border (also
referred to as the Southern California Bight).
Based on interactions with the California drift gillnet fishery and
stranding records, recorded observations in the Southern California
Bight are generally rare events, with 16 loggerheads taken in 4,165
observed sets from 1990-2010 (Allen et al. 2013) and 28 loggerheads
observed stranded from 1990 to 2012 (average ~1.3 loggerheads/year). In
contrast, waters off the Pacific coast of Baja California, and
particularly within the shelf waters of Ulloa Bay, are highly
productive. Loggerheads have been documented in the thousands in this
area (Pitman 1990; Seminoff et al. 2006), and their occurrence is
strongly associated with the red crab, which has often occurred in such
numbers as to ``turn the ocean red'' (Pitman 1990).
Due to the rarity of the presence of loggerheads and their prey
both historically and currently in waters off the U.S. west coast, U.S.
waters in the eastern Pacific Ocean do not provide meaningful foraging,
development, and/or transiting opportunities to the loggerhead
population in the North Pacific Ocean DPS, and therefore do not contain
the PBFs described in the previous section.
Special Management Considerations
An occupied area may be designated as critical habitat if it
contains one or more of the PBFs essential to conservation, and if such
features ``may require special management considerations or
protection'' (16 U.S.C. 1532(5)(a)(i)(II)). Joint NMFS and USFWS
regulations (50 CFR 424.02(j)) define ``special management
considerations or protection'' to mean ``any methods or procedures
useful in protecting PBFs of the environment for the conservation of
listed species.'' NMFS determined that the PBFs identified earlier may
require special management considerations due to a number of factors
that may affect them. These factors include activities, structures, or
other byproducts of human activities. The list below is not necessarily
inclusive of all factors.
Major categories of factors, by habitat type, follow. All of these
may have an effect on one or more PBF or PCE within the range of the
Northwest Atlantic Ocean DPS and may require special management
considerations as described below.
Northwest Atlantic Ocean DPS
Terrestrial: The USFWS has addressed special management
considerations for terrestrial units in their proposed rule.
[[Page 43024]]
Neritic: Neritic habitat consists of nearshore reproductive,
winter, breeding, and constricted migratory habitat.
Nearshore Reproductive Habitat: The primary impact to the PBFs and
PCEs of the nearshore reproductive habitat (habitat from MHW to 1.6 km
(1 mile) offshore of high density nesting beaches and adjacent beaches)
for loggerhead sea turtles would be from activities that result in a
loss of habitat conditions that allow for (a) hatchling egress from the
water's edge to open water; and (b) nesting female transit back and
forth between the open water and the nesting beach during nesting
season. The loss of such habitat conditions could come from, but is not
limited to, the following sources:
Offshore structures including, but not limited to, breakwaters,
groins, jetties, and artificial reefs, that block or otherwise impede
efficient passage of hatchlings or females and/or which concentrate
hatchling predators and thus result in greater predation on hatchlings;
(1) Lights on land or in the water, which can disorient hatchlings
and nesting females and/or attract predators, particularly lighting
that's permanent or present for long durations and has a short wave
length (below 540nm);
(2) Oil spills and response, that affect habitat conditions for
efficient passage of hatchlings or females;
(3) Alternative offshore energy development (turbines) that affects
habitat conditions for efficient passage of hatchlings or females;
(4) Fishing gear that blocks or impedes efficient passage of
hatchlings or females; and
(5) Dredging and disposal activities that affect habitat conditions
for efficient passage of hatchlings or females by creating barriers or
dramatically altering the slope of the beach approach.
Winter Habitat: The PBF, water temperature PCE, and Gulf Stream
boundary PCE of the winter habitat for loggerhead sea turtles may be
affected through the following:
(1) Large-scale water temperature changes resulting from global
climate change; and
(2) Shifts in the patterns of the Gulf Stream resulting from
climate change.
While unlikely to be affected to a significant extent by human
activities, the water depth PCE (20-100 m) could potentially be
affected by extensive dredging or sediment disposal activities.
Breeding Habitat: The PBF of a concentrated breeding habitat and
the associated PCE of high concentrations of reproductive male and
female loggerheads (which facilitates breeding for individuals
migrating to that area) could be affected by the following activities:
(1) Fishing activities that disrupt use of habitat and thus affect
concentrations of reproductive loggerheads;
(2) Dredging and disposal of sediments that affect concentrations
of reproductive loggerheads;
(3) Oil spills and response that affect concentrations of
reproductive loggerheads;
(4) Alternative offshore energy development (turbines) that affect
concentrations of reproductive loggerheads; and
(5) Climate change, which can affect currents and water
temperatures and affect concentrations of reproductive loggerheads.
Constricted Migratory Habitat: The primary impact to the
functionality of the identified corridors as migratory routes for
loggerhead sea turtles would be a loss of passage conditions that allow
for the free and efficient migration along the corridor. The loss of
these passage conditions could come from large-scale and or multiple
construction projects that result in the placement of substantial
structures along the path of the migration, or other similar habitat
alterations, requiring large-scale deviations in the migration
movements. This impact is expected to be much more likely, and have a
greater impact, in the most constricted areas of the migratory routes.
Other activities are less likely to result in an impact to the PCEs but
are still considered below.
(1) Oil and gas activities, such as construction and removal of
platforms, lighting and noise that alter habitat conditions needed for
efficient passage;
(2) Power generation activities such as turbines, wind farms,
conversion of wave or tidal energy into power that result in altered
habitat conditions needed for efficient passage;
(3) Dredging and disposal of sediments that results in altered
habitat conditions needed for efficient passage;
(4) Channel blasting, including use of explosives to remove
existing bridge or piling structures or to deepen navigation channels,
that results in altered habitat conditions needed for efficient
passage;
(5) Marina and dock/pier development that results in altered
habitat conditions needed for efficient passage;
(6) Offshore breakwaters that result in altered habitat conditions
needed for efficient passage;
(7) Aquaculture structures such as net pens and fixed structures
and artificial lighting that result in altered habitat conditions
needed for efficient passage;
(8) Fishing activities, particularly those using fixed gear (pots,
pound nets), that, when arranged closely together over a wide
geographic area, result in altered habitat conditions needed for
efficient passage; and
(9) Noise pollution from construction, shipping and/or military
activities that results in altered habitat conditions needed for
efficient passage.
Sargassum Habitat: The PBF of developmental and foraging habitat in
accumulations of floating materials, especially Sargassum, and its
associated PCEs of convergence zones and other areas of concentration,
adequate concentrations of Sargassum to support abundant prey and
cover, and the existence of the community of flora and fauna typically
associated with Sargassum habitat can all be impacted by the following
activities which may require special management:
(1) Commercial harvest of Sargassum, which would directly decrease
the amount of habitat;
(2) Oil and gas exploration, development, and transportation that
affects the Sargassum habitat itself and the loggerhead prey items
found within this habitat--this could occur both in the process of
normal operations and during blowouts and oil spills, which release
toxic hydrocarbons and also require other toxic chemicals for cleanup;
(3) Vessel operations that result in the routine disposal of trash
and wastes and/or the accidental release or spillage of cargo, trash or
toxic substances, and/or result in the transfer and introduction of
exotic and harmful organisms through ballast water discharge, which may
then impact the loggerhead prey species found in Sargassum habitat;
(4) Ocean dumping of anthropogenic debris and toxins that affects
the Sargassum habitat itself and the loggerhead prey items found within
this habitat; and
(5) Global climate change, which can alter the conditions (such as
currents and other oceanographic features and temperature) that allow
Sargassum habitat and communities to thrive in abundance and locations
suitable for loggerhead developmental habitat.
North Pacific Ocean DPS
NMFS did not identify any specific areas within the U.S. EEZ in the
North Pacific Ocean that contain PBFs essential to the conservation of
the North Pacific Ocean DPS; therefore, we did not analyze special
management considerations.
[[Page 43025]]
Proposed Determinations and Critical Habitat Designation
Northwest Atlantic Ocean DPS
After reviewing the best available scientific information, we
conclude that certain specific areas meet the definition of critical
habitat for the Northwest Atlantic Ocean DPS, that a critical habitat
designation is prudent, and that critical habitat is determinable. Per
our joint regulations with USFWS, a designation is prudent because
neither of the situations enumerated in 50 CFR 424.12(a)(1) exists
here. Specifically, we find that a designation is not expected to
increase the degree of threats to the species and will be beneficial to
the species. Further, although NMFS and USFWS jointly determined at the
time of the final listing rule in September 2011 (76 FR 58868) that
habitat was not then determinable (per 16 U.S.C. 1533(b)(6)(C)(ii)), we
find now, after review of the best available scientific information,
that critical habitat for the Northwest Atlantic Ocean DPS is
determinable because neither of the situations described in 50 CFR
424.12(a)(2) exists here.
When identifying proposed critical habitat, we do not include Naval
Air Station Key West in accordance with section 4(a)(3) of the ESA
because its INRMP provides benefits to the loggerhead sea turtle. We
also do not include existing (already constructed) federally authorized
or permitted man-made structures such as aids-to-navigation, boat
ramps, platforms, docks, and pilings within the boundaries of critical
habitat. Man-made structures in the context of this regulation refers
to actually constructed materials or structures placed in, over, or
near the water that are not used by loggerhead sea turtles as habitat.
Because these structures are not useable as habitat, they are not
essential to the conservation of the species and therefore do not
constitute critical habitat. We do not refer to human altered elements
of the habitat such as navigation channels or disposal areas. Such
altered habitat would not be excluded. If the critical habitat is
finalized as proposed, a Federal action involving excluded structures
would not trigger section 7 consultation to examine effects to critical
habitat and the duty to avoid destruction or adverse modification of
designated critical habitat, unless the specific action would affect
the physical or biological features in the adjacent critical habitat.
We seek public comment on the exclusion of these structures and whether
our exclusion should be expanded or narrowed in any way, including
information on whether loggerhead sea turtles use such structures as
habitat. The critical habitat areas described below constitute our best
assessment at this time of areas that meet the definition of critical
habitat in the marine environment for the Northwest Atlantic Ocean DPS
of the loggerhead sea turtle.
The critical habitat areas described below constitute our best
assessment at this time of areas that meet the definition of critical
habitat in the marine environment for the Northwest Atlantic Ocean DPS
of the loggerhead sea turtle.
Neritic Habitat: Neritic habitat includes nearshore reproductive
habitat, foraging habitat, winter habitat, breeding habitat, and
constricted migratory habitat. Nearshore reproductive habitat units are
those directed at conserving hatchling swim frenzy and internesting
turtle habitat directly off high density nesting beaches and beaches
adjacent to them, as defined by USFWS in their proposed rule to
designate critical habitat for the loggerhead sea turtle (78 FR 18000;
March 25, 2013). Generally, the units include nearshore areas extending
directly seaward from the coast 1.6 km from each end of the unit (in
cases of long, straight beaches, such as many of those found along
Florida's east coast). In the cases of beaches along islands or that
wrap around into an inlet, we took the furthest point from the far end
of the unit and extended out seaward. Where beaches are adjacent and
within 1.6 km of each other, nearshore areas are connected, either
along the shoreline or by delineating on GIS a straight line from the
end of one beach to the beginning of another (either from island to
island or across an inlet or the mouth of an estuary). Although
generally following these rules, the exact delineation of each unit was
determined individually because each was unique.
Specific unit descriptions are as follows. Some units combine two
or more habitat types identified.
LOGG-N-1--North Carolina Constricted Migratory Corridor and
Northern Portion of the North Carolina Winter Concentration Area: This
unit contains constricted migratory and winter habitat. The unit
includes the North Carolina constricted migratory corridor and the
overlapping northern half of the North Carolina winter concentration
area. We defined the constricted migratory corridor off North Carolina
as the waters between 36[deg] N. lat. and Cape Lookout (approximately
34.58[deg] N) and from the shoreline (MHW) of the Outer Banks, North
Carolina, barrier islands to the 200-m depth contour (continental
shelf).
The constricted migratory corridor overlaps with the northern
portion of winter concentration area off North Carolina. The western
and eastern boundaries of winter habitat are the 20-m and 100-m
contours, respectively. The northern boundary of winter habitat starts
at Cape Hatteras (35[deg]16' N) in a straight latitudinal line between
the 20- and 100-m depth contours and ends at Cape Lookout
(approximately 34.58[deg] N).
LOGG-N-2--Southern Portion of the North Carolina Winter
Concentration Area: This unit contains winter habitat only. The
boundaries include waters between the 20- and 100-m depth contours
between Cape Lookout and Cape Fear. The western and eastern boundaries
of winter habitat are the 20-m and 100-m depth contours, respectively.
The northern boundary is Cape Lookout (approximately 34.58[deg] N). The
southern boundary is a 37.5-km line that extends from the 20-m depth
contour at approximately 33.47[deg] N, 77.58[deg] W (off Cape Fear) to
the 100-m depth contour at approximately 33.2[deg] N, 77.32[deg] W.
LOGG-N-3--Bogue Banks and Bear Island, Carteret and Onslow
Counties, NC: This unit contains nearshore reproductive habitat only.
The unit consists of nearshore area from Beaufort Inlet to Bear Inlet
(crossing Bogue Inlet) from the MHW line seaward 1.6 km. This unit
contains an area adjacent to high density nearshore reproductive
habitat (Beaufort Inlet to Bogue Inlet) as well as an area of high
density nearshore reproductive habitat (Bogue Inlet to Bear Inlet).
LOGG-N-4--Onslow Beach (Marine Corps Base Camp Lejeune), Topsail
Island and Lea-Huttaf Islands, Onslow and Pender Counties, NC: This
unit contains nearshore reproductive habitat only. The unit consists of
nearshore area from Browns Inlet to Rich Inlet (crossing New River
Inlet and New Topsail Inlet) from the MHW line seaward 1.6 km. This
unit contains areas of high density nearshore reproductive habitat
(Topsail Island) as well as areas adjacent to high density nearshore
reproductive habitat (Onslow Beach and Lea-Hutaff Island).
LOGG-N-5--Pleasure Island, Bald Head Island, Oak Island, and Holden
Beach, New Hanover and Brunswick Counties, NC: This unit contains
nearshore reproductive habitat only. The unit consists of nearshore
areas from Carolina Beach Inlet around Cape Fear to Shallotte Inlet
(crossing the mouths of the Cape Fear River and Lockwoods Folly Inlet)
from the MHW line seaward 1.6 km. This unit contains areas adjacent to
high density nearshore
[[Page 43026]]
reproductive habitat (Pleasure Island and Holden Beach) and high
density nearshore reproductive habitat (Bald Head Island and Oak
Island) of loggerhead sea turtles in North Carolina.
LOGG-N-6--North, Sand, South and Cedar Islands, Georgetown County,
SC; Murphy, Cape and Lighthouse Islands and Racoon Key, Charleston
County, SC: This unit contains nearshore reproductive habitat only. The
unit consists of nearshore area from North Inlet to Five Fathom Creek
Inlet (crossing Winyah Bay, North Santee Inlet, South Santee Inlet,
Cape Romain Inlet, and Key Inlet) from the MHW line seaward 1.6 km.
This unit contains areas adjacent to high density nearshore
reproductive habitat (North, Cedar and Murphy Islands and Raccoon Key)
and high density nearshore reproductive habitat (Sand, South, Cape and
Lighthouse Islands) of loggerhead sea turtles in South Carolina.
LOGG-N-7--Folly, Kiawah, Seabrook, Botany Bay Islands, Botany Bay
Plantation, Interlude Beach and Edingsville Beach, Charleston County,
SC; Edisto Beach State Park, Edisto Beach, and Pine and Otter Islands,
Colleton County, SC: This unit contains nearshore reproductive habitat
only. The unit consists of nearshore area from Lighthouse Inlet to
Saint Helena Sound (crossing Folly River, Stono, Captain Sam's, North
Edisto, Frampton, Jeremy, South Edisto and Fish Creek Inlets) from the
MHW line seaward 1.6 km. This unit contains areas adjacent to high
density nearshore reproductive habitat (Folly and Seabrook Islands,
Interlude Beach, Edisto Beach, and Pine Island) and high density
nearshore reproductive habitat (Kiawah and Botany Bay Islands, Botany
Bay Plantation, Edingsville Beach, Edisto Beach State Park, and Otter
Island) of loggerhead sea turtles in South Carolina.
LOGG-N-8--Harbor Island, Beaufort County, SC: This unit contains
nearshore reproductive habitat only. The unit consists of nearshore
area from Harbor Inlet to Johnson Inlet from the MHW line seaward 1.6
km. This unit is adjacent to high density nearshore reproductive
habitat by loggerhead sea turtles in South Carolina.
LOGG-N-9--Little Capers, St. Phillips and Bay Point Islands,
Beaufort County, SC: This unit contains nearshore reproductive habitat
only. The unit consists of nearshore area from Pritchards Inlet to Port
Royal Sound (crossing Trenchards Inlet and Morse Island Creek Inlet
East) from the MHW line seaward 1.6 km. This unit consists of areas
adjacent to high density nearshore reproductive habitat (Little Capers
and Bay Point Islands) and high density nearshore reproductive habitat
(St. Phillips Island) of loggerhead sea turtles in South Carolina.
LOGG-N-10--Little Tybee Island, Chatham County, GA: This unit
contains nearshore reproductive habitat only. The boundaries of this
unit are from Tybee Creek Inlet to Wassaw Sound from the MHW line
seaward 1.6 km. This unit is adjacent to high density nearshore
reproductive habitat of loggerhead sea turtles in Georgia.
LOGG-N-11--Wassaw Island, Chatham County, GA: This unit contains
nearshore reproductive habitat only. The boundaries of the unit are
from Wassaw Sound to Ossabaw Sound from the MHW line seaward 1.6 km.
This unit contains high density nearshore reproductive habitat of
loggerhead sea turtles in Georgia.
LOGG-N-12--Ossabaw Island, Chatham County, GA; St. Catherines
Island, Liberty County, GA; Blackbeard and Sapelo Islands, McIntosh
County, GA: This unit contains nearshore reproductive habitat only. The
boundaries of this unit are nearshore areas from Ossabow Sound to Deboy
Sound (crossing St. Catherines Sound, McQueen Inlet, Sapelo Sound, and
Cabretta Inlet) from the MHW line seaward 1.6 km. This unit contains
both high density nearshore reproductive habitat (Ossabaw and
Blackbeard Islands), and areas adjacent to high density nearshore
reproductive habitat (St. Catherines and Sapelo Islands) of loggerhead
sea turtles in Georgia.
LOGG-N-13--Little Cumberland Island, Camden County, GA; Cumberland
Island, Camden County, GA: This unit contains nearshore reproductive
habitat only. The boundaries of this unit are nearshore areas from St.
Andrew Sound to the St. Marys River (Crossing Christmas Creek) from the
MHW line seaward 1.6 km. This unit contains both high density nearshore
reproductive habitat (Cumberland Island) and areas adjacent to high
density nearshore reproductive habitat (Little Cumberland Island) of
loggerhead sea turtles in Georgia.
LOGG-N-14--Southern boundary of Kathryn Abbey Hanna Park, Duval
County to Matanzas Inlet, St. Johns County, FL: This unit contains
nearshore reproductive habitat only. The boundaries of the unit are
nearshore areas from the southern boundary of Kathryn Abbey Hanna Park
to Matanzas Inlet (crossing St. Augustine Inlet) from the MHW line
seaward 1.6 km. This unit contains both high density nearshore
reproductive habitat (Guana Tolomato Matanzas NERR to St. Augustine
Inlet) and areas adjacent to high density nearshore reproductive
habitat (South Duval County to Old Ponte Vedra, and St. Augustine Inlet
to Matanzas Inlet) of loggerhead sea turtles in the Northern Florida
Region of the Peninsular Florida Recovery Unit.
LOGG-N-15--Northern Boundary of River to Sea Preserve at
Marineland, Flagler County, FL to Granada Blvd., Volusia County, FL:
This unit contains nearshore reproductive habitat only. The boundaries
of the unit are nearshore areas from the northern boundary of River to
Sea Preserve at Marineland to Granada Boulevard in Ormond Beach from
the MHW line seaward 1.6 km. This unit contains high density nearshore
reproductive habitat in the Northern Florida Region of the Peninsular
Florida Recovery Unit.
LOGG-N-16--Canaveral National Seashore to 28.70[deg] N, 80.66[deg]
W near Titusville, Volusia and Brevard Counties, FL: This unit contains
nearshore reproductive habitat only. Boundaries of the unit are
nearshore areas from the north boundary of Canaveral National Seashore
to 28.70[deg] N, 80.66[deg] W near Titusville (at the start of the
Titusville--Floridana Beach concentrated breeding area) from the MHW
line seaward 1.6 km. This unit contains both areas adjacent to high
density nearshore reproductive habitat (northern boundary of Canaveral
National Seashore to the Volusia-Brevard County line) and high density
nearshore reproductive habitat (Volusia-Brevard County line to
Titusville) of loggerhead sea turtles in the Central Eastern Florida
Region of the Peninsular Florida Recovery Unit.
LOGG-N-17--Titusville to Floridana Beach Concentrated Breeding
Area, Northern Portion of the Florida Constricted Migratory Corridor,
Nearshore Reproductive Habitat from 28.70[deg] N, 80.66[deg] W near
Titusville to Cape Canaveral Air Force Station, Brevard County, FL, and
Nearshore Reproductive Habitat Patrick Airforce Base and Central
Brevard Beaches, FL: This unit includes overlapping areas of nearshore
reproductive habitat, constricted migratory habitat, and breeding
habitat. The concentrated breeding habitat area is from the MHW line on
shore at 28.70[deg] N, 80.66[deg] W near Titusville, out to depths less
than 60 m (consistent with what is reported in Arendt et al. 2012a),
and extending south to Floridana Beach. This overlaps with waters in
the northern portion of the Florida constricted migratory corridor,
which begins at the tip of Cape Canaveral Air Force Station and ends at
Floridana beach, extending from the MHW line on shore to the 30-m depth
contour line.
[[Page 43027]]
Additionally, the above two habitat areas overlap with two
nearshore reproductive habitat areas. The first begins near Titusville
at 28.70[deg] N, 80.66[deg] W to the south boundary of the Cape
Canaveral Air Force Station/Canaveral Barge Canal Inlet from the MHW
line seaward 1.6 km. The second begins at Patrick Air Force Base,
Brevard County, through the central Brevard Beaches to Floridana Beach
from the MHW line seaward 1.6 km. These nearshore reproductive areas
contain high density nearshore reproductive habitat of loggerhead sea
turtles in the Central Eastern Florida Region of the Peninsular Florida
Recovery Unit.
LOGG-N-18--Florida Constricted Migratory Corridor from Floridana
Beach to Martin County/Palm Beach County Line, FL; and Nearshore
Reproductive Habitat from Floridana Beach to the south end of Indian
River Shores; Brevard and Indian River Counties; and Nearshore
Reproductive Habitat from the Fort Pierce inlet to Martin County/Palm
Beach County Line, Sebastian and Martin Counties, FL: This unit
contains nearshore reproductive habitat and constricted migratory
habitat. The unit contains a portion of the Florida constricted
migratory corridor, which is located in the nearshore waters from the
MHW line on shore to the 30-m depth contour off Floridana Beach to the
Martin County/Palm Beach County line. This overlaps with two nearshore
reproductive habitat areas. The first nearshore reproductive area
includes nearshore areas from Floridana Beach to the south end of
Indian River Shores (crossing Sebastian Inlet) from the MHW line
seaward 1.6 km. The second nearshore reproductive habitat area includes
nearshore areas from Fort Pierce inlet to Martin County/Palm Beach
County line (crossing St. Lucie Inlet) from the MHW line seaward 1.6
km. These nearshore reproductive areas contain high density nearshore
reproductive habitat (Floridana to Sebastian Inlet and Fort Pierce
Inlet to the Martin County/Palm Beach County line) and areas adjacent
to high density nearshore reproductive habitat (Sebastian Inlet to
Indian River Shores) by loggerhead sea turtles in the Central Eastern
Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-19--Southern Florida Constricted Migratory Corridor;
Southern Florida Concentrated Breeding Area; and Nearshore Reproductive
Areas of Martin County/Palm Beach County line to Hillsboro Inlet, Palm
Beach and Broward Counties, FL); and Long Key, Bahia Honda Key, Woman
Key, Boca Grande Key, and Marquesas Keys, Monroe County, FL: This unit
contains nearshore reproductive habitat, constricted migratory habitat,
and breeding habitat. The unit contains the southern Florida
constricted migratory corridor habitat, overlapping southern Florida
breeding habitat, and overlapping nearshore reproductive habitat. The
southern portion of the Florida concentrated breeding area and the
southern Florida constricted migratory corridor are both located in the
nearshore waters starting at the Martin County/Palm Beach County line
to the westernmost edge of the Marquesas Keys (82.17[deg] W. long.),
with the exception of the waters under the jurisdiction of NAS Key
West. The seaward border then follows the 200-m depth contour line to
the westernmost edge at the Marquesas Keys.
The nearshore reproductive habitat includes (1) Nearshore waters
starting at the Martin County/Palm Beach County line to Hillsboro Inlet
(crossing Jupiter, Lake Worth, Boynton and Boca Raton Inlets) from the
MHW line seaward 1.6 km; (2) Long Key, which is bordered on the east by
the Atlantic Ocean, on the west by Florida Bay, and on the north and
south by natural channels between Keys (Fiesta Key to the north and
Conch Key to the south), and has boundaries following the borders of
the island from the MHW line and seaward to 1.6 km; (3) Bahia Honda
Key, from the MHW line seaward 1.6 km; (4) Woman Key, from the MHW line
seaward 1.6 km; (5) Boca Grande Key, from the MHW line seaward 1.6 km;
(6) the Marquesas Keys unit boundary, including nearshore areas from
the MHW line and seaward to 1.6 km from four islands where loggerhead
sea turtle nesting has been documented within the Marquesas Keys:
Marquesas Key, Unnamed Key 1, Unnamed Key 2, and Unnamed Key 3.
These nearshore reproductive unit from the Martin County/Palm Beach
County line to Hillsboro Inlet contains both high density nearshore
reproductive habitat (Jupiter Inlet to Boynton Inlet (crossing Lake
Worth Inlet), and Boca Raton Inlet to Hillsboro Inlet) and areas
adjacent to high density nearshore reproductive habitat (Boynston Inlet
to Boca Raton Inlet). The nearshore reproductive habitat units in the
Florida Keys (Long Key and Bahia Honda Key) were included to ensure
conservation of nearshore reproductive habitat off of the unique
nesting habitat in the Florida Keys. Woman and Boca Grande Keys and the
Marquesas Keys are part of the Dry Tortugas Recovery Unit and were
included because of the extremely small size of the Dry Tortugas
Recovery Unit.
LOGG-N-20--Dry Tortugas, Monroe County, FL: This unit contains
nearshore reproductive habitat only. The unit boundary includes
nearshore areas from the MHW line and seaward to 1.6 km from six
islands where loggerhead sea turtle nesting has been documented within
the Dry Tortugas. From west to east, these six islands are: Loggerhead
Key, Garden Key, Bush Key, Long Key, Hospital Key, and East Key. This
unit was included because of the extremely small size of the Dry
Tortugas Recovery Unit.
LOGG-N-21--Cape Sable, Monroe County, FL: This unit contains
nearshore reproductive habitat only. The boundaries of the unit are
nearshore areas from the MHW line and seaward to 1.6 km from the north
boundary of Cape Sable to the south boundary of Cape Sable. This unit
contains high density nearshore reproductive habitat of loggerhead sea
turtles in the Southwestern Florida Region of the Peninsular Florida
Recovery Unit.
LOGG-N-22--Graveyard Creek to Shark Point, Monroe County, FL: This
unit contains nearshore reproductive habitat only. The boundaries of
this unit are nearshore areas from Shark Point (25.387949, -81.149308)
to Graveyard Creek Inlet from the MHW line seaward 1.6 km. This unit
contains high density nearshore reproductive habitat of loggerhead sea
turtles in the Southwestern Florida Region of the Peninsular Florida
Recovery Unit.
LOGG-N-23--Highland Beach, Monroe County, FL: This unit contains
nearshore reproductive habitat only. The boundaries of this unit are
from First Bay to Rogers River Inlet from the MHW line seaward 1.6 km.
This unit contains areas adjacent to high density nearshore
reproductive habitat of loggerhead sea turtles in the Southwestern
Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-24--Ten Thousand Islands North, Collier County, FL: This
unit contains nearshore reproductive habitat only. The unit includes
nearshore areas from the MHW line seaward 1.6 km of nine keys where
loggerhead sea turtle nesting has been documented within the northern
part of the Ten Thousand Islands in Collier County in both the Ten
Thousand Islands NWR and the Rookery Bay NERR. This unit contains areas
adjacent to high density nearshore reproductive habitat of loggerhead
sea turtles in the Southwestern Florida Region of the Peninsular
Florida Recovery Unit.
LOGG-N-25--Cape Romano, Collier County, FL: This unit contains
nearshore reproductive habitat only. The boundaries of the unit are
nearshore
[[Page 43028]]
areas from Caxambas Pass to Gullivan Bay from the MHW line seaward 1.6
km. This unit contains areas adjacent to high density nearshore
reproductive habitat of loggerhead sea turtles in the Southwestern
Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-26--Keewaydin Island and Sea Oat Island, Collier County, FL:
This unit contains nearshore reproductive habitat only. The boundaries
of the unit are nearshore areas from Gordon Pass to Big Marco Pass from
the MHW line seaward 1.6 km. This unit contains areas of high density
nearshore reproductive habitat of loggerhead sea turtles in the
Southwestern Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-27--Little Hickory Island to Doctors Pass, Lee and Collier
Counties, FL: This unit contains nearshore reproductive habitat only.
The boundaries of the unit are nearshore areas from Little Hickory
Island to Doctors Pass (crossing Wiggins Pass and Clam Pass) from the
MHW line seaward 1.6 km. This unit contains areas adjacent to high
density nearshore reproductive habitat of loggerhead sea turtles in the
Southwestern Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-28--Captiva Island and Sanibel Island West, Lee County, FL:
This unit contains nearshore reproductive habitat only. The boundaries
of the unit are nearshore areas from the north end of Captiva/Captiva
Island Golf Club (starting at Redfish Pass and crossing Blind Pass) and
along Sanibel Island West to Tarpon Bay Road from the MHW line seaward
1.6 km. This unit contains both high density nearshore reproductive
habitat (Sanibel Island West) and areas adjacent to high density
nearshore reproductive habitat (Captiva Island) of loggerhead sea
turtles in the Central Western Florida Region of the Peninsular Florida
Recovery Unit.
LOGG-N-29--Siesta and Casey Keys, Sarasota Count, FL; Venice
Beaches and Manasota Key, Sarasota and Charlotte Counties, FL; Knight,
Don Pedro, and Little Gasparilla Islands, Charlotte County, FL;
Gasparilla Island, Charlotte and Lee Counties, FL; Cayo Costa, Lee
County, FL: This unit contains nearshore reproductive habitat only. The
boundaries of this unit are nearshore areas from Big Sarasota Pass to
Cativa Pass (crossing Venice Inlet, Stump Pass, Gasparilla Pass, and
Boca Grande Pass) from the MHW line seaward 1.6 km. This unit contains
both high density nearshore reproductive habitat (Siesta and Casey
Keys; Venice Beaches and Manasota Key; and Knight, Don Pedro, and
Little Gasparilla Islands) and areas adjacent to high density nearshore
reproductive habitat (Cayo Costa) of loggerhead sea turtles in the
Central Western Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-30--Longboat Key, Manatee and Sarasota Counties, FL: This
unit contains nearshore reproductive habitat only. The boundaries of
this unit are the north point of Longboat Key at Longboat Pass to New
Pass from the MHW line seaward 1.6 km. This unit is adjacent to high
density nearshore reproductive habitat of loggerhead sea turtles in the
Central Western Florida Region of the Peninsular Florida Recovery Unit.
LOGG-N-31--St. Joseph Peninsula, Cape San Blas, St. Vincent, Little
St. George, St. George, and Dog Islands, Gulf and Franklin Counties,
FL: This unit contains nearshore reproductive habitat only. The
boundaries of this unit are from St. Joseph Bay to St. George Sound
(including Eglin Air Force Base and crossing Indian, West, and East
Passes) from the MHW line seaward 1.6 km. This unit contains both areas
adjacent to high density nearshore reproductive habitat (Cape San Blas,
St. George Island and Dog Island) and high density nearshore
reproductive habitat (St. Joseph Peninsula, St. Vincent Island, Little
St. George Island) of loggerhead sea turtles in the Florida portion of
the Northern Gulf of Mexico Recovery Unit.
LOGG-N-32--Mexico Beach and St. Joe Beach, Bay and Gulf Counties,
FL: This unit contains nearshore reproductive habitat only. The
boundaries of the unit are from the eastern boundary of Tyndall Air
Force Base to Gulf County Canal in St. Joseph Bay from the MHW line
seaward 1.6 km. This unit is adjacent to high density nearshore
reproductive habitat of loggerhead sea turtles in the Florida portion
of the Northern Gulf of Mexico Recovery Unit.
LOGG-N-33--Gulf State Park to Pensacola Pass, Baldwin County, AL
and Escambia County, FL: This unit contains nearshore reproductive
habitat only. The boundaries of the unit are nearshore areas from the
west boundary of Gulf State Park to the Pensacola Pass (crossing
Perdido Pass and the AL-FL border) from the MHW line seaward 1.6 km.
This unit contains both high density nearshore reproductive habitat
(Gulf State Park to Perdido Pass) and areas adjacent to high density
nearshore reproductive habitat (Perdido Pass to Pensacola Pass) of
loggerhead sea turtles in the Alabama and Florida portions of the
Northern Gulf of Mexico Recovery Unit.
LOGG-N-34--Mobile Bay -- Little Lagoon Pass, Baldwin County, AL:
This unit contains nearshore reproductive habitat only. The boundaries
of the unit are nearshore areas from Mobile Bay Inlet to Little Lagoon
Pass from the MHW line seaward 1.6 km. This unit contains high density
nearshore reproductive habitat of loggerhead sea turtles in the Alabama
portion of the Northern Gulf of Mexico Recovery Unit.
LOGG-N-35--Petit Bois Island, Jackson County, MS: This unit
contains nearshore reproductive habitat only. The boundaries of the
unit are nearshore areas from Horn Island Pass to Petit Bois Pass from
the MHW line seaward 1.6 km. This unit was selected because it is one
of two islands with the greatest number of nests in the Mississippi
portion of the Northern Gulf of Mexico Recovery Unit.
LOGG-N-36--Horn Island, Jackson County, MS: This unit contains
nearshore reproductive habitat only. The boundaries of the unit are
nearshore areas from Dog Keys Pass to the eastern most point of the
ocean facing island shore from the MHW line seaward 1.6 km. This unit
was selected because it is one of two islands with the greatest number
of nests in the Mississippi portion of the Northern Gulf of Mexico
Recovery Unit.
Oceanic Habitat. If Sargassum habitat is included in the final
rule, it would likely include oceanic habitat as described above.
North Pacific Ocean DPS
After reviewing the best available scientific information, we
conclude that no specific areas exist within U.S. jurisdiction that
meet the definition of critical habitat for the North Pacific Ocean
DPS. We did not identify any critical habitat within the U.S. EEZ in
the Pacific Ocean for the North Pacific Ocean DPS because occupied
habitat within the U.S. EEZ did not support suitable conditions in
sufficient quantity and frequency to provide meaningful foraging,
development, and/or transiting opportunities to the population in the
North Pacific Ocean.
Unoccupied Areas
Section 3(5)(A)(ii) of the ESA authorizes designation of ``specific
areas outside the geographical areas occupied by the species at the
time it is listed'' if those areas are determined to be essential to
the conservation of the species. Joint NMFS and USFWS regulations (50
CFR 424.12(e)) emphasize that the agency shall designate as critical
habitat areas outside the geographical area presently occupied by a
species only when a
[[Page 43029]]
designation limited to its present range would be inadequate to ensure
the conservation of the species. At the present time we have not
identified additional specific areas outside the geographic area
occupied by loggerheads at the time of their listing that may be
essential for the conservation of the species.
Application of Section 4(a)(3) of the ESA
The ESA precludes the Secretary from designating military lands as
critical habitat if those lands are subject to an INRMP under the Sikes
Act Improvement Act of 1997 (Sikes Act; 16 U.S.C. 670a) and the
Secretary certifies in writing that the plan benefits the listed
species (Section 4(a)(3), Pub. L. 108-136).
NMFS has determined that the INRMP for NAS Key West confers
benefits to the loggerhead sea turtle and enhances its habitat, and
therefore is not proposing the waters subject to that INRMP for
critical habitat designation. Management actions described in the NAS
Key West INRMP that benefit loggerhead sea turtles include water
quality measures, invasive species control, re-establishment of
historic tidal connections for mangrove/saltmarsh and shallow open
water (including areas containing seagrasses), completion of a marine
benthic survey, installation of turtle-friendly lights, and community
outreach and information.
We are proposing as critical habitat the waters off Onslow Beach on
MCB Camp Lejeune, North Carolina; however, we are holding discussions
with the U.S. Marine Corps regarding this INRMP, and may revisit this
determination prior to finalizing this proposed rule.
ESA Section 4(b)(2) Analysis
Section 4(b)(2) of the ESA states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat (16 U.S.C.
section 1533(b)(2)). In addition to this mandatory consideration of
impacts set out in the first sentence of section 4(b)(2), the second
sentence gives the Secretary discretion to go further and proceed to an
optional weighing of the benefits of including a particular area
against the benefits of excluding such an area. The Secretary may
exclude an area from critical habitat if s/he determines that the
benefits of such exclusion (avoiding the economic, national security,
or other costs) outweigh the benefits of specifying such area as part
of the critical habitat (the conservation benefits to the species),
unless s/he determines, based on the best scientific data available,
that the failure to designate such area as critical habitat will result
in the extinction of the species (16 U.S.C. 1533(b)(2)). In making that
determination, the statute, as well as the legislative history, are
clear that the Secretary has broad discretion regarding whether to
proceed to the optional weighing of benefits, which factor(s) to use,
how much weight to give to any factor, and whether or not to exclude
any area.
Benefits of Inclusion
The benefits of designating specific areas include the protection
afforded under section 7(a)(2) of the ESA, requiring all Federal
agencies to ensure that their actions are not likely to destroy or
adversely modify critical habitat. This is in addition to the
requirement that all Federal agencies ensure that their actions are not
likely to jeopardize the continued existence of the species. The
designation of critical habitat also provides conservation benefits
such as improved education and outreach by informing the public about
areas and features important to species conservation, as well as
additional protections under state and local authorities.
We find that, because the PBFs and PCEs of the proposed habitat
inherently focus on the areas that best support the needs of the
species (i.e., those that support meaningful aggregations of the
species) and the areas were selected expressly to ensure maximum
consistency with the goals in the species' recovery plan, each of the
proposed areas is of high conservation value.
Economic Benefits of Exclusion
According to the draft Economic Analysis, the total estimated
present value of the quantified impacts is $830,000 over the next 10
years. On an annualized basis, this is equivalent to impacts of $95,000
(IEc 2013). The quantified impacts of designation are the same as the
economic benefits of exclusion. Costs for each unit can be found in
Exhibit 1 of the draft Economic Analysis (IEc 2013). Impacts are
anticipated to be greatest in LOGG-N-19 (25 percent or $24,200
annually), a large unit that extends from Martin County/Palm Beach
County line to the Marquesas Keys in Monroe County, and which includes
several nearshore reproductive areas as well as the southern-most
constricted migratory corridor and concentrated breeding habitat in
Florida. These costs are due primarily to the frequency of
consultations anticipated for in-water construction, dredging, and
sediment disposal activities, but also to the size of the unit relative
to most of the other units. Impacts in the Atlantic Sargassum habitat
unit, LOGG-S-01 (23 percent or $22,000) and the Gulf of Mexico
Sargassum unit, LOGG-S-02 (13 percent, or $12,000) reflect the very
large size of these units, rather than the potential for activities to
adversely affect this habitat type in particular. The majority of
anticipated impacts are administrative costs associated with
consultation on nearshore and in-water construction, dredging, and
sediment disposal activities (63 percent) and fisheries and related
activities (33 percent). The draft Economic Analysis describes in more
detail the types of activities that may be affected by the designation
and the estimated relative level of economic impacts (IEc 2013).
The highest estimated annual economic cost associated with the
designation of loggerhead critical habitat is $25,000 for a large unit,
LOGG-N-19, and the estimated cost associated with the designation of
most units as critical habitat is below $1,000. Because these numbers
are so low, all units are considered to have a ``low'' economic impact.
Typically, to be considered ``high,'' an economic value would need to
be above several million dollars (sometimes tens of millions), and
``medium'' may fall between several hundred thousand and millions of
dollars.
Exclusions of Particular Areas Based on Economic Impacts
Because all units identified for loggerheads have a high
conservation value and a low economic impact, no areas were considered
for exclusion based on economic impacts. Because no areas are
recommended for exclusion, we do not need to make the further
consideration of whether exclusions would result in the extinction of
the Northwest Atlantic Ocean DPS of the loggerhead sea turtle.
Exclusions Based on Impacts to National Security
The Secretary must consider possible impacts to national security
when determining critical habitat (16 U.S.C. 1533(b)(2)). We shared the
draft Biological Report with the Departments of the Navy (including
Marine Corps), Army, Air Force and the Department of Homeland Security.
The Navy and Air Force provided comments and shared concerns about
portions of the breeding area in LOGG-N-17 (the Trident
[[Page 43030]]
Submarine Basin, other basins and the portion of the navigation
channel, inlet, and Canaveral Barge Canal). This unit, which
represented a minimal convex polygon delineating breeding habitat that
was adopted from Arendt (2012a), was re-examined with Arendt and others
to ensure its borders were appropriate for a critical habitat unit, as
there were questions as to whether the channel, basins, Banana River
and a portion of the Indian River Lagoon truly represented critical
breeding habitat. The western extent of LOGG-N-17 was adjusted, based
on input from the Navy and Air Force, to follow the shoreline instead
of going into the Port and the Indian River Lagoon and Banana River.
Although we did not adjust this boundary for national security reasons,
per se, we agreed that these basins, rivers and canal, were not
critical to loggerhead breeding.
Discussions with the Navy indicated that there is overlap between
the areas proposed for critical habitat and Navy activities. However,
we do not believe that these activities, as currently conducted, are
the types of activities that may affect or adversely modify critical
habitat proposed for the loggerhead sea turtle or its PBF/PCEs. As a
result, we conclude that Navy activities are not likely to be affected
by this proposed designation, and the designation would not affect
national security.
Department of Homeland Security (DHS) marine vessels routinely
conduct patrol activities in areas proposed for critical habitat. These
patrol activities support DHS's national security mission. The patrols
involve vessels that are typically smaller than Navy vessels. We do not
believe that these activities, as currently conducted, are the types of
activities that may affect or adversely modify critical habitat
proposed for the loggerhead sea turtle or its PBF/PCEs. Therefore, we
conclude that DHS activities are not likely to be affected by this
proposed designation, and the designation would not affect national
security.
No additional national security concerns have been raised at this
time; therefore, we have not excluded any areas due to national
security concern. We can revisit this determination.
Exclusions for Indian Lands
No Indian lands occur in the areas being recommended for
designation, and no Indian activities are anticipated to be affected by
designation. Therefore no exclusions are recommended for Indian Lands.
Critical Habitat Designation
We proposed to designate 36 occupied marine areas of critical
habitat for the Northwest Atlantic Ocean DPS. These areas contain one
or a combination of nearshore reproductive habitat, winter area,
breeding areas, and constricted migratory corridors, and two areas that
contain Sargassum habitat. The proposed critical habitat areas contain
the PBFs essential to the conservation of the species that may require
special management considerations or protection. We do not propose to
exclude any areas based on economic impacts and do not propose to
exclude any areas based on national security concerns at this time but
can revisit this determination.
Effects of Critical Habitat Designation
Section 7(a)(2) of the ESA requires Federal agencies to insure that
any action authorized, funded, or carried out by the agency (agency
action) does not jeopardize the continued existence of any threatened
or endangered species or destroy or adversely modify designated
critical habitat (16 U.S.C. 1536(a)(2)). Federal agencies are also
required to confer with us and USFWS regarding any actions likely to
jeopardize a species proposed for listing under the ESA, or likely to
destroy or adversely modify proposed critical habitat, pursuant to
section 7(a)(4) (16 U.S.C. 1536(a)(4)). A conference involves informal
discussions in which we may recommend conservation measures to minimize
or avoid adverse effects. The discussions and conservation
recommendations are to be documented in a conference report provided to
the Federal agency undertaking the action at issue. If requested by the
Federal agency, a formal conference report may be issued, including a
biological opinion prepared according to 50 CFR 402.14. A formal
conference report may be adopted as the biological opinion when the
species is listed or critical habitat designated, if no significant new
information or changes to the action alter the content of the opinion.
When a species is listed or critical habitat is designated, Federal
agencies must consult with NMFS on any agency actions they authorize,
fund, or carry out that may affect the species or its critical habitat
(16 U.S.C. 1536(a)(2)). During the consultation, we evaluate the agency
action to determine whether the action may adversely affect listed
species or critical habitat and issue our findings in a biological
opinion or, if appropriate, in a letter concurring with a finding of
the action agency that their action is not likely to adversely affect
the species. If we conclude in the biological opinion that the agency
action would likely result in the destruction or adverse modification
of critical habitat, we would also recommend any reasonable and prudent
alternatives to the action. 16 U.S.C. 1536(b)(4)(2). Reasonable and
prudent alternatives (defined in 50 CFR 402.02) are alternative actions
identified during formal consultation that can be implemented in a
manner consistent with the intended purpose of the action, that are
consistent with the scope of the Federal agency's legal authority and
jurisdiction, that are economically and technologically feasible, and
that would avoid the destruction or adverse modification of critical
habitat. Regulations (50 CFR 402.16) require Federal agencies that have
retained discretionary involvement or control over an action, or where
such discretionary involvement or control is authorized by law, to
reinitiate consultation on previously reviewed actions in instances
where (1) critical habitat is subsequently designated, or (2) new
information or changes to the action may result in effects to critical
habitat not previously considered in the biological opinion.
Consequently, some Federal agencies may request reinitiation of a
consultation or conference with us on actions for which formal
consultation has been completed, if those actions may affect designated
critical habitat or adversely modify or destroy proposed critical
habitat.
Activities subject to the ESA section 7 consultation process
include Federal activities and non-Federal activities requiring a
permit from a Federal agency (e.g., a Clean Water Act, Section 404
dredge or fill permit from the U.S. Army Corps of Engineers (USACE)) or
some other Federal action, including funding (e.g., Federal Highway
Administration funding for transportation projects). ESA section 7
consultation would not be required for Federal actions that do not
affect listed species or critical habitat and for non-Federal
activities or activities on non-federal and private lands that are not
federally funded, authorized, or carried out.
Activities That May Be Affected
ESA section 4(b)(8) requires in any proposed or final rule to
designate critical habitat an evaluation and brief description, to the
maximum extent practicable, of those activities that may adversely
modify such habitat or that may be affected by the designation. A wide
variety of activities may affect the proposed critical habitat and may
be subject to the ESA section 7
[[Page 43031]]
consultation process when carried out, funded, or authorized by a
Federal agency. These include (1) Nearshore and in-water construction,
dredging, and sediment disposal, such as construction and maintenance
of offshore structures such as breakwaters, groins, jetties, and
artificial reefs; construction and maintenance of transportation
projects (e.g., bridges) and utility projects; dredging and sediment
disposal; channel blasting; (2) fisheries management, such as Federal
commercial fisheries and related activities; (3) oil and gas
exploration and development, such as decommissioning of old oil and gas
platforms, construction of nearshore oil and gas platforms, oil and gas
activity transport in the nearshore environment; (4) renewable energy
projects, such as ocean thermal energy, wave energy, and offshore wind
energy; (5) some military activities, such as in-water training and
research; and (6) aquaculture, such as marine species propagation.
For ongoing activities, we recognize that designation of critical
habitat may trigger reinitiation of past consultations. In most cases,
we do not anticipate the outcome of reinitated consultation to require
significant additional conservation measures, because effects to
habitat would likely have been assessed in the original consultation.
We commit to working closely with other Federal agencies to implement
these reinitiated consultations in an efficient and streamlined manner
that, as much as possible and consistent with our statutory and
regulatory obligations, minimizes the staff and resource burden and
recognizes existing habitat conservation measures from previously
completed ESA consultations. Further, we will continue to work with
other agencies to refine and revise cost estimates associated with such
consultations.
Information Quality Act and Peer Review
The data and analyses supporting this proposed action have
undergone a pre-dissemination review and have been determined to be in
compliance with applicable information quality guidelines implementing
the Information Quality Act (IQA) (Section 515 of Public Law 106-554).
In December 2004, the Office of Management and Budget (OMB) issued a
Final Information Quality Bulletin for Peer Review pursuant to the IQA.
The Bulletin established minimum peer review standards, a transparent
process for public disclosure of peer review planning, and
opportunities for public participation with regard to certain types of
information disseminated by the Federal Government. The peer review
requirements of the OMB Bulletin apply to influential or highly
influential scientific information disseminated on or after June 16,
2005. To satisfy our requirements under the OMB Bulletin, we obtained
independent peer review of the draft Biological Report (NMFS 2013) that
supports the proposal to designate critical habitat for the loggerhead
sea turtle and incorporated the peer review comments prior to
dissemination of this proposed rulemaking.
Public Comments Solicited
We solicit comments or suggestions from the public, other concerned
governments and agencies, the scientific community, industry, non-
governmental organizations, or any other interested party concerning
the proposed designation, the biological report, the draft Economic
Analysis and its appended IRFA analysis. We are particularly interested
in comments and information in the following areas: (1) Information on
foraging areas that could be considered for critical habitat
designation, including the PBFs and PCEs of these areas (see the
foraging habitat discussion in the ``Description of Physical or
Biological Features and Primary Constituent Elements and Identification
of Specific Sites'' section for further detail); (2) comments on
whether to include Sargassum habitat as critical habitat and, if so,
whether we should include the entire areas, features, and elements
described and mapped in the ``Description of Physical or Biological
Features and Primary Constituent Elements and Identification of
Specific Sites'' section, information on specific areas that frequently
encompass convergence zones, surface-water downwelling areas and/or
other locations where concentrated components of the Sargassum
community are likely to be found in the Atlantic Ocean and Gulf of
Mexico in order to delimit more accurately and precisely potential
Sargassum critical habitat, and information on times of year or areas
that loggerheads are most likely to co-occur with Sargassum habitat,
(3) information on potential impacts, including conservation benefits
and economic and other costs, of designating Sargassum critical habitat
that may have been overlooked; (4) comments on critical habitat units
proposed for designation or those overlooked, including PBFs and PCEs
of these areas, particularly for breeding areas; (5) comments on the
methodology underlying our approach to focus on areas supporting the
most meaningful usage by the species and to ensure geographic
representation of areas to ensure consistency with the recovery plan;
(6) comments regarding any areas we may have overlooked that would meet
the definition of critical habitat for the North Pacific Ocean DPS; (7)
information on other impacts to PBFs or PCEs that may require special
management considerations or protection; (8) information regarding
potential benefits or impacts of designating any particular area
proposed as critical habitat, including information on the types of
Federal actions that may trigger an ESA section 7 consultation and may
either affect the area's PBFs or require modifications of those
activities; (9) information regarding the benefits of excluding a
particular area from critical habitat, including on the basis of
economic impacts or national security concerns; (10) information
regarding the benefits of excluding existing manmade structures from
critical habitat, whether the waters below such structures should
likewise be excluded from designation (including potential impacts and
costs of requiring consultation to such areas by including them in the
designation), and whether the exclusion of existing manmade structures
should be expanded or narrowed in a way; (11) current or planned
activities in the areas proposed as critical habitat and costs of
potential modifications to those activities due to critical habitat
designation; and (12) any foreseeable economic, national security, or
other relevant impact resulting from the proposed designation. You may
submit your comments and materials concerning this proposal by any one
of several methods (see ADDRESSES). Copies of the proposed rule and
supporting documentation can be found on the NMFS Web site at http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm. We will consider
all comments pertaining to this designation received during the comment
period in preparing the final rule. Accordingly, the final decision may
differ from this proposal.
Public Hearings
Joint NMFS and USFWS regulations (50 CFR 424.16(c)(3)) state that
the Secretary shall promptly hold at least one public hearing if any
person requests one within 45 days of publication of a proposed rule to
list a species or to designate critical habitat. Public hearings
provide the opportunity for interested individuals and parties to give
comments, exchange information and opinions, and engage in a
constructive dialogue concerning this
[[Page 43032]]
proposed rule. We encourage the public's participation and involvement
in ESA matters. Requests for public hearings must be made in writing
(see ADDRESSES) by September 3, 2013. If a public hearing is requested,
a notice detailing the specific hearing location and time will be
published in the Federal Register at least 15 days before the hearing
is to be held. Information on the specific hearing locations and times
will also be posted on our Web site at: http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm.
Classification
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
proposed rule is significant under Executive Order 12866. A draft
Economic Analysis and 4(b)(2) analysis as set forth herein have been
prepared to support the exclusion process under section 4(b)(2) of the
ESA.
National Environmental Policy Act
We have determined that an environmental analysis as provided for
under the National Environmental Policy Act of 1969 for critical
habitat designations made pursuant to the ESA is not required. See
Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. Denied,
116 S.Ct 698 (1996).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency publishes a notice of rulemaking
for any proposed or final rule (other than one regarding the listing of
a species under the Endangered Species Act), it must prepare and make
available for public comment a regulatory flexibility analysis
describing the effects of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
We have prepared an initial regulatory flexibility analysis (IRFA),
which is an appendix to the draft Economic Analysis. This document is
available upon request (see ADDRESSES) and via our Web site http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm, or via the Federal
eRulemaking Web site at http://www.regulations.gov. The results of the
IRFA are summarized below.
The action is being considered by the agency because it is required
by the Endangered Species Act (16 U.S.C. 1531 et seq.). In 2011, NMFS
and USFWS published a joint rulemaking revising the species' listing
from a single, worldwide threatened species to nine DPSs. The two DPSs
occurring in U.S. jurisdiction are the Northwest Atlantic Ocean DPS and
the North Pacific Ocean DPS. Critical habitat can only be designated in
areas under U.S. jurisdiction. The 2011 revised listing rule
precipitated the proposed critical habitat designation for the
Northwest Atlantic Ocean DPS and the proposed determination not to
designate critical habitat for the North Pacific Ocean DPS.
The objective of the rule is to utilize the best scientific and
commercial information available to designate critical habitat for the
loggerhead sea turtle to best meet the conservation needs of the
species in order to meet recovery goals. Section 4(b)(2) of the Act
requires NMFS to designate critical habitat for threatened and
endangered species ``on the basis of the best scientific data available
and after taking into consideration the economic impact, impact on
national security, and any other relevant impact, of specifying any
particular area as critical habitat.''
Three types of small entities are defined in the IRFA: (1) Small
business, (2) small governmental jurisdiction; and (3) small
organization. The regulatory mechanism through which critical habitat
protections are enforced is section 7 of the Act, which directly
regulates only those activities carried out, funded, or permitted by a
Federal agency. By definition, Federal agencies are not considered
small entities, although the activities they may fund or permit may be
proposed or carried out by small entities. This analysis considers the
extent to which this designation could potentially affect small
entities, regardless of whether these entities would be directly
regulated by NMFS through the proposed rule or by a delegation of
impact from the directly regulated entity.
The IRFA focuses on small entities that may bear the incremental
impacts of this rulemaking quantified in chapters 3 through 6 of the
draft Economic Analysis on four categories of economic activity
potentially requiring modification to avoid destruction or adverse
modification of loggerhead sea turtle critical habitat. Small entities
also may participate in ESA section 7 consultation as an applicant or
may be affected by a consultation if they intend to undertake an
activity that requires a permit, license or funding from the Federal
Government. It is therefore possible that the small entities may spend
additional time considering critical habitat during section 7
consultation for the loggerhead sea turtle. Potentially affected
activities include: Nearshore and in-water construction, dredging and
disposal, fisheries, oil and gas exploration and development, and
alternative energy projects.
Estimated impacts to small entities are summarized by industry in
Exhibit A-1 of the IRFA. Exhibit A-2 of the IRFA describes potentially
affected small businesses by NAICS code, highlighting the relevant
small business thresholds. Although businesses affected indirectly are
considered, this analysis considers only those entities for which
impacts would not be measurably diluted; i.e., it focuses on those
entities that may bear some additional costs associated with
participation in section 7 consultation.
Based on the number of past consultations and information about
potential future actions likely to take place within proposed critical
habitat areas, this analysis forecasts the number of additional
consultations that may take place as a result of critical habitat (see
Chapters 3 through 6 of the draft Economic Analysis). Based on this
forecast, annual incremental consultation costs that may be borne by
third parties are forecast at $27,200 (discounted at seven percent),
some portion of which may be borne by small entities.
Ideally this analysis would directly identify the number of small
entities which may engage in activities that overlap with the proposed
designation; however, while NMFS tracks the Federal agency that is
involved in the consultation process, it does not track the identity of
past permit recipients or the particulars that would allow NMFS to
determine whether the recipients were small entities. Nor does NMFS
track how often Federal agencies have hired small entities to complete
various actions associated with these consultations. In the absence of
this information, this analysis utilizes Dun and Bradstreet databases
to determine the number of small businesses operating within the NAICS
codes identified in Exhibit A-3 in each county with marine coastline in
the proposed designation. Exhibit A-4 presents the potentially affected
small counties.
The proposed rule does not directly mandate ``reporting'' or
``record keeping'' within the meaning of the Paperwork Reduction Act
(PRA), and does not impose record keeping or reporting requirements on
small entities. A critical habitat designation would require that
Federal agencies initiate a section 7 consultation to insure their
actions do not destroy or adversely modify critical habitat. During
formal section 7 consultation under the
[[Page 43033]]
ESA, NMFS, the action agency (Federal agency), and a third party
participant applying for Federal funding or permitting, may communicate
in efforts to minimize potential adverse impacts to the habitat and/or
the essential features. Communication may include written letters,
phone calls, and/or meetings. Project variables such as the type of
consultation, the location, impacted essential features, and activity
of concern, may in turn dictate the complexity of these interactions.
Third party costs may include administrative work, such as cost of time
and materials to prepare for letters, calls, or meetings. The cost of
analyses related to the activity and associated reports may be included
in these administrative costs. In addition, following the section 7
consultation process, entities may be required to monitor progress
during the said activity to ensure that impacts to the habitat and
features have been minimized.
An IRFA must identify any duplicative, overlapping, and conflicting
Federal rules. The protection of listed species and habitat under
critical habitat may overlap other sections of the Act. The protections
afforded to threatened and endangered species and their habitat are
described in section 7, 9, and 10 of the ESA. A final determination to
designate critical habitat requires Federal Agencies to consult,
pursuant to section 7 of the ESA, with NMFS on any activities the
Federal agency funds, authorizes, or carries out, including permitting,
approving, or funding non-Federal activities (e.g., a Clean Water Act,
Section 404 dredge or fill permit from USACE). The requirement to
consult is to ensure that any Federal action authorized, funded, or
carried out will not likely jeopardize the continued existence of any
endangered or threatened species or result in the destruction or
adverse modification of critical habitat. The incremental impacts
forecast in this report and contemplated in this IRFA are expected to
result from the critical habitat designation and not other Federal
regulations.
In accordance with the requirements of the RFA (as amended by
SBREFA, 1996) this analysis considers various alternatives to the
proposed critical habitat designation for the loggerhead sea turtle.
The alternative of not designating critical habitat for the loggerhead
sea turtle was considered and rejected because such an approach does
not meet the legal requirements of the ESA. Section 4(b)(2) of the Act
allows the NMFS to exclude areas proposed for designation based on
economic impact and other relevant impacts. Therefore, an alternative
to the proposed designation is the designation of a subset of these
areas or portions of the various habitat types.
Coastal Zone Management Act
Section 307(c)(1) of the Federal Coastal Zone Management Act of
1972 requires that all Federal activities that affect the land or water
use or natural resource of the coastal zone be consistent with approved
state coastal zone management programs to the maximum extent
practicable. We have determined that this proposed designation of
critical habitat is consistent to the maximum extent practicable with
the enforceable policies of approved Coastal Zone Management Programs
of New Jersey, Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.
The determination has been submitted to the responsible agencies in the
aforementioned states for review.
Federalism
Executive Order 13132 requires agencies to take into account any
Federalism impacts of regulations under development. It includes
specific consultation directives for situations in which a regulation
will preempt state law, or impose substantial direct compliance costs
on state and local governments (unless required by statute). We have
determined that the proposed rule to designate critical habitat for the
loggerhead sea turtle under the ESA would, if finalized, not have
federalism implications. The designation of critical habitat directly
affects only the responsibilities of Federal agencies. As a result, the
proposed rule does not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in the Order. State or local
governments may be indirectly affected by the proposed revision if they
require Federal funds or formal approval or authorization from a
Federal agency as a prerequisite to conducting an action. In these
cases, the State or local government agency may participate in the
section 7 consultation as a third party. One of the key conclusions of
the incremental analysis is that we do not expect critical habitat
designation to generate additional requests for project modification in
any of the proposed critical habitat units. Incremental economic
impacts of the designation will likely be limited to minor additional
administrative costs to NMFS, Federal agencies, and third parties when
considering critical habitat as part of the forecast section 7
consultations. Therefore, the proposed designation of critical habitat
is also not expected to have substantial indirect impacts on State or
local governments.
Consistent with the requirements of Executive Order 13132,
recognizing the intent of the Administration and Congress to provide
continuing and meaningful dialogue on issues of mutual state and
Federal interest, and in keeping with Department of Commerce policies,
the Assistant Secretary for Legislative and Intergovernmental Affairs
will provide notice of the proposed action and request comments from
the appropriate officials in states where loggerhead sea turtles occur.
Paperwork Reduction Act
This proposed rule does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act, we make the
following findings: The designation of critical habitat does not impose
an ``enforceable duty'' on state, local, tribal governments, or the
private sector and therefore does not qualify as a Federal mandate. In
general, a Federal mandate is a provision in legislation, statute, or
regulation that would impose an ``enforceable duty'' upon non-federal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
Under the ESA, the only direct regulatory effect of this proposed
rule, if finalized, is that Federal agencies must ensure that their
actions do not destroy or adversely modify critical habitat under
section 7. While non-federal entities who receive Federal funding,
assistance, permits, or otherwise require approval or authorization
from a Federal agency for an action may be indirectly affected by the
designation of critical habitat, the legally binding duty to avoid the
destruction or adverse modification of critical habitat rests squarely
on the Federal agency. Furthermore, to the extent that nonfederal
entities are indirectly affected because they receive Federal
assistance or participate in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would not apply.
We do not believe that this proposed rule would significantly or
uniquely affect small governments because it is not likely to produce a
Federal mandate of $100 million or greater in any year;
[[Page 43034]]
that is, it is not a ``significant regulatory action'' under the
Unfunded Mandates Reform Act. In addition, the designation of critical
habitat imposes no obligations on local, state or tribal governments.
Therefore, a Small Government Agency Plan is not required.
Takings
Under Executive Order 12630, Federal agencies must consider the
effects of their actions on constitutionally protected private property
rights and avoid unnecessary takings of property. A taking of property
includes actions that result in physical invasion or occupancy of
private property, and regulations imposed on private property that
substantially affect its value or use.
In accordance with Executive Order 12630, the proposed critical
habitat designation does not pose significant takings implications. A
takings implication assessment is not required. This proposed
designation affects only Federal agency actions (i.e. those actions
authorized, funded, or carried out by Federal agencies). Therefore, the
critical habitat designation does not affect landowner actions that do
not require Federal funding or permits.
This designation would not increase or decrease the current
restrictions on private property concerning take of loggerhead sea
turtles, nor do we expect the final critical habitat designation to
impose substantial additional burdens on land use or substantially
affect property values. Additionally, the final critical habitat
designation does not preclude the development of Conservation Plans and
issuance of incidental take permits for non-Federal actions. Owners of
property included or used within the proposed critical habitat
designation would continue to have the opportunity to use their
property in ways consistent with the survival of listed loggerhead sea
turtles.
Government to Government Relationships With Tribes
The longstanding and distinctive relationship between the Federal
and tribal governments is defined by treaties, statutes, executive
orders, judicial decisions, and agreements, which differentiate tribal
governments from the other entities that deal with, or are affected by,
the Federal Government. This relationship has given rise to a special
Federal trust responsibility involving the legal responsibilities and
obligations of the United States toward Indian Tribes and the
application of fiduciary standards of due care with respect to Indian
lands, tribal trust resources, and the exercise of tribal rights.
Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, outlines the responsibilities of the Federal
Government in matters affecting tribal interests. If NMFS issues a
regulation with tribal implications (defined as having a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes) we must consult with those governments or the Federal
Government must provide funds necessary to pay direct compliance costs
incurred by tribal governments. The proposed critical habitat
designation does not have tribal implications. The proposed critical
habitat designation does not include any tribal lands and does not
affect tribal trust resources or the exercise of tribal rights.
Energy Effects
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects when undertaking a ``significant energy action.''
According to Executive Order 13211, ``significant energy action'' means
any action by an agency that is expected to lead to the promulgation of
a final rule or regulation that is a significant regulatory action
under Executive Order 12866 and is likely to have a significant adverse
effect on the supply, distribution, or use of energy. We have
considered the potential impacts of this action on the supply,
distribution, or use of energy (see draft Economic Analysis). Oil and
gas exploration and alternative energy projects may affect the
essential features of critical habitat for the loggerhead sea turtle.
Due to the extensive requirements of oil and gas development and
renewable energy projects to consider environmental impacts, including
impacts on marine life, even absent critical habitat designation for
the loggerhead sea turtle, we anticipate it is unlikely that critical
habitat designation will change conservation efforts recommended during
section 7 consultation for these projects. Consequently, it is unlikely
the identified activities and projects will be affected by the
designation beyond the quantified administrative impacts. Therefore,
the proposed designation is not expected to impact the level of energy
production. It is unlikely that any impacts to the industry that remain
unquantified will result in a change in production above the one
billion kilowatt-hour threshold identified in the Executive Order.
Therefore, it appears unlikely that the energy industry will experience
``a significant adverse effect'' as a result of the critical habitat
designation for the loggerhead sea turtle.
References Cited
A complete list of all references cited in this rule making can be
found on our Web site at http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm, and is available upon request from the NMFS (see
ADDRESSES).
List of Subjects in 50 CFR Part 226
Endangered and threatened species.
Dated: July 12, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the preamble, we propose to amend part
226, title 50 of the Code of Federal Regulations as set forth below:
PART 226--DESIGNATED CRITICAL HABITAT
0
1. The authority citation of part 226 continues to read as follows:
Authority: 16 U.S.C. 1533.
0
2. Add Sec. 226.223, to read as follows:
Sec. 226.223 Critical habitat for the Northwest Atlantic Ocean
Distinct Population Segment of the loggerhead sea turtle (Caretta
caretta).
Critical habitat is designated for the Northwest Atlantic Ocean
Distinct Population Segment of the loggerhead sea turtle (Caretta
caretta) as described in this section. The textual descriptions of
critical habitat in this section are the definitive source for
determining the critical habitat boundaries. For nearshore reproductive
areas, the units extend directly from the mean high water (MHW) line at
each end of the unit seaward 1.6 km. Where beaches are within 1.6 km of
each other, nearshore areas are connected, either along the shoreline
(MHW line) or by delineating on GIS a straight line from the end of one
beach to the beginning of another (either from island to island or
across an inlet or the mouth of an estuary). Although generally
following these rules, the exact delineation of each unit was
determined individually because each was unique. The overview maps are
provided for general guidance only and not as a definitive source for
determining critical habitat boundaries.
(a) Critical habitat boundaries. Critical habitat is designated to
include the following areas:
(1) LOGG-N-1--North Carolina Constricted Migratory Corridor and
[[Page 43035]]
Northern Portion of the North Carolina Winter Concentration Area. This
unit contains constricted migratory and winter habitat. The unit
includes the North Carolina constricted migratory corridor and the
overlapping northern half of the North Carolina winter concentration
area. We defined the constricted migratory corridor off North Carolina
as the waters between 36[deg] N. lat. and Cape Lookout (approximately
34.58[deg] N) from the edge of the Outer Banks, North Carolina, barrier
islands to the 200-meter (m) (656 feet) depth contour (continental
shelf). The constricted migratory corridor overlaps with the northern
portion of winter concentration area off North Carolina. The east and
western boundaries of winter habitat are the 20-m and 100-m (65.6 and
328 feet) contours, respectively. The northern boundary of winter
habitat starts at Cape Hatteras (35[deg]16' N) in a straight
latitudinal line between 20- and 100-m (65.6-328 feet) depth contours
and ends at Cape Lookout (approximately 34.58[deg] N).
(2) LOGG-N-2--Southern Portion of the North Carolina Winter
Concentration Area. This unit contains winter habitat only. The
boundaries include waters between the 20- and 100-m (65.6 and 328 feet)
depth contours between Cape Lookout to Cape Fear. The eastern and
western boundaries of winter habitat are the 20-m and 100-m (65.6 and
328 feet) contours, respectively. The northern boundary is Cape Lookout
(approximately 34.58[deg] N). The southern boundary is a 37.5-km
(23.25-mile) line that extends from the 20-m (65.6 feet) depth contour
at approximately 33.47[deg] N, 77.58[deg] W (off Cape Fear) to the 100-
m (328 feet) depth contour at approximately 33.2[deg] N, 77.32[deg] W.
(3) LOGG-N-3--Bogue Banks and Bear Island, Carteret and Onslow
Counties, North Carolina. This unit contains nearshore reproductive
habitat only. The unit consists of nearshore area from Beaufort Inlet
to Bear Inlet (crossing Bogue Inlet) from the MHW line seaward 1.6 km.
(4) LOGG-N-4--Onslow Beach (Marine Corps Base Camp Lejeune),
Topsail Island and Lea-Huttaf Island, Onslow and Pender Counties, North
Carolina. This unit contains nearshore reproductive habitat only. The
unit consists of nearshore area from Browns Inlet to Rich Inlet
(crossing New River Inlet and New Topsail Inlet) from the MHW line
seaward 1.6 km (1.0 mile).
(5) LOGG-N-5--Pleasure Island, Bald Head Island, Oak Island, and
Holden Beach, New Hanover and Brunswick Counties, North Carolina. This
unit contains nearshore reproductive habitat only. The unit consists of
nearshore area from Carolina Beach Inlet around Cape Fear to Shallotte
Inlet (crossing the mouths of the Cape Fear River and Lockwoods Folly
Inlet), from the MHW line seaward 1.6 km.
(6) LOGG-N-6--North, Sand, South and Cedar Islands, Georgetown
County, South Carolina; Murphy, Cape, Lighthouse Islands and Racoon
Key, Charleston County, South Carolina. This unit contains nearshore
reproductive habitat only. The unit consists of nearshore area from
North Inlet to Five Fathom Creek Inlet (crossing Winyah Bay, North
Santee Inlet, South Santee Inlet, Cape Romain Inlet, and Key Inlet)
from the MHW line seaward 1.6 km.
(7) LOGG-N-7--Folly, Kiawah, Seabrook, Botany Bay Islands, Botany
Bay Plantation, Interlude Beach, and Edingsville Beach, Charleston
County, South Carolina; Edisto Beach State Park, Edisto Beach, and Pine
and Otter Islands, Colleton County, South Carolina. This unit contains
nearshore reproductive habitat only. The unit consists of nearshore
area from Lighthouse Inlet to Saint Helena Sound (crossing Folly River,
Stono, Captain Sam's, North Edisto, Frampton, Jeremy, South Edisto and
Fish Creek Inlets) from the MHW line seaward 1.6 km.
(8) LOGG-N-8--Harbor Island, Beaufort County, South Carolina. This
unit contains nearshore reproductive habitat only. The unit consists of
nearshore area from Harbor Inlet to Johnson Inlet from the MHW line
seaward 1.6 km.
(9) LOGG-N-9--Little Capers, St. Phillips, and Bay Point Islands,
Beaufort County, South Carolina. This unit contains nearshore
reproductive habitat only. The unit consists of nearshore area from
Pritchards Inlet to Port Royal Sound (crossing Trenchards Inlet and
Morse Island Creek Inlet East) from the MHW line seaward 1.6 km.
(10) LOGG-N-10--Little Tybee Island, Chatham County, Georgia: This
unit contains nearshore reproductive habitat only. The boundaries of
this unit are from Tybee Creek Inlet to Wassaw Sound from the MHW line
seaward 1.6 km.
(11) LOGG-N-11--Wassaw Island, Chatham County, Georgia: This unit
contains nearshore reproductive habitat only. The boundaries of the
unit are from Wassaw Sound to Ossabaw Sound from the MHW line seaward
1.6 km.
(12) LOGG-N-12--Ossabaw Island, Chatham County, Georgia; St.
Catherines Island, Liberty County, Georgia; Blackbeard and Sapelo
Islands, McIntosh County, Georgia: This unit contains nearshore
reproductive habitat only. The boundaries of this unit are nearshore
areas from the Ogeechee River to Deboy Sound (crossing St. Catherines
Sound, McQueen Inlet, Sapelo Sound, and Cabretta Inlet) extending from
the MHW line and seaward 1.6 km.
(13) LOGG-N-13--Little Cumberland Island and Cumberland Island,
Camden County, Georgia: This unit contains nearshore reproductive
habitat only. The boundaries of this unit are nearshore areas from St.
Andrew Sound to the St. Marys River (Crossing Christmas Creek) from the
MHW line seaward 1.6 km (1.0 mile).
(14) LOGG-N-14--Southern Boundary of Kathryn Abbey Hanna Park to
Mantanzas Inlet, Duval and St. Johns Counties, Florida: This unit
contains nearshore reproductive habitat only. The boundaries of the
unit are nearshore areas from the south boundary of Kathryn Abbey Hanna
Park to Matanzas Inlet (crossing St. Augustine Inlet) from the MHW line
seaward 1.6 km.
(15) LOGG-N-15--Northern Boundary of River to Sea Preserve at
Marineland to Granada Blvd., Flagler and Volusia Counties, Florida:
This unit contains nearshore reproductive habitat only. The boundaries
of the unit are nearshore areas from the north boundary of River to Sea
Preserve at Marineland to Granada Boulevard in Ormond Beach from the
MHW line seaward 1.6 km.
(16) LOGG-N-16--Canaveral National Seashore to 28.70[deg] N,
80.66[deg] W near Titusville, Volusia and Brevard Counties, Florida:
This unit contains nearshore reproductive habitat only. Boundaries of
the unit are nearshore areas from the north boundary of Canaveral
National Seashore to 28.70[deg] N, 80.66[deg] W near Titusville (at the
start of the Titusville-Floridana Beach concentrated breeding area)
from the MHW line seaward 1.6 km.
(17) LOGG-N-17--Titusville to Floridana Beach Concentrated Breeding
Area, Northern Portion of the Florida Constricted Migratory Corridor,
Nearshore Reproductive Habitat from 28.70[deg] N, 80.66[deg] W near
Titusville to Cape Canaveral Air Force Station; and Nearshore
Reproductive Habitat from Patrick Airforce Base and Central Brevard
Beaches, Brevard County, Florida: This unit includes overlapping areas
of nearshore reproductive habitat, constricted migratory habitat, and
breeding habitat. The concentrated breeding habitat area is from the
MHW line on shore at 28.70[deg] N, 80.66[deg] W near Titusville to
depths less than 60 m and extending south to Floridana Beach. This
overlaps with waters in the northern portion of the Florida constricted
migratory corridor, which begins at the tip of Cape Canaveral Air
[[Page 43036]]
Force Station (28.46[deg] N. lat.) and ends at Floridana beach,
including waters from the MHW line on shore to the 30-m contour line.
Additionally, the above two habitat areas overlap with two nearshore
reproductive habitat areas. The first begins near Titusville at
28.70[deg] N, 80.66[deg] W to the south boundary of the Cape Canaveral
Air Force Station/Canaveral Barge Canal Inlet from the MHW line seaward
1.6 km. The second begins at Patrick Air Force Base, Brevard County,
through the central Brevard Beaches to Floridana Beach from the MHW
line seaward 1.6 km.
(18) LOGG-N-18--Florida Constricted Migratory Corridor from
Floridana Beach to Martin County/Palm Beach County Line; Nearshore
Reproductive Habitat from Floridana Beach to the south end of Indian
River Shores; Nearshore Reproductive Habitat from Fort Pierce inlet to
Martin County/Palm Beach County Line, Brevard, Indian River and Martin
Counties, Florida--This unit contains nearshore reproductive habitat
and constricted migratory habitat. The unit contains a portion of the
Florida constricted migratory corridor, which is located in the
nearshore waters from the MHW line to the 30-m contour off Floridana
Beach to the Martin County/Palm Beach County line. This overlaps with
two nearshore reproductive habitat areas. The first nearshore
reproductive area includes nearshore areas from Floridana Beach to the
south end of Indian River Shores (crossing Sebastian Inlet) from the
MHW line seaward 1.6 km. The second nearshore reproductive habitat area
includes nearshore areas from Fort Pierce inlet to Martin County/Palm
Beach County line (crossing St. Lucie Inlet) from the MHW line seaward
1.6 km.
(19) LOGG-N-19--Southern Florida Constricted Migratory Corridor;
Southern Florida Concentrated Breeding Area; and Six Nearshore
Reproductive Areas: Martin County/Palm Beach County line to Hillsboro
Inlet, Palm Beach and Broward Counties, Florida; Long Key, Bahia Honda
Key, Woman Key, Boca Grande Key, and Marquesas Keys, Monroe County,
Florida--This unit contains nearshore reproductive habitat, constricted
migratory habitat, and breeding habitat. The unit contains the southern
Florida constricted migratory corridor habitat, overlapping southern
Florida breeding habitat, and overlapping nearshore reproductive
habitat. The southern portion of the Florida concentrated breeding area
and the southern Florida constricted migratory corridor are both
located in the nearshore waters starting at the Martin County/Palm
Beach County line to the westernmost edge of the Marquesas Keys
(82.17[deg] W. long.), with the exception of the waters under the
jurisdiction of NAS Key West. The seaward border then follows the 200-m
contour line to the westernmost edge at the Marquesas Keys. The
overlapping nearshore reproductive habitat includes nearshore waters
starting at the Martin County/Palm Beach County line to Hillsboro Inlet
(crossing Jupiter, Lake Worth, Boyton, and Boca Raton Inlets) from the
MHW line seaward 1.6 km; Long Key, which is bordered on the east by the
Atlantic Ocean, on the west by Florida Bay, and on the north and south
by natural channels between Keys (Fiesta Key to the north and Conch Key
to the south), and has boundaries following the borders of the island
from the MHW line seaward to 1.6 km; Bahia Honda Key, from the MHW line
seaward 1.6 km; 4) Woman Key, from the MHW line and seaward to 1.6 km;
5) Boca Grande Key, from the MHW line seaward to 1.6 km; 6) the
Marquesas Keys unit boundary, including nearshore areas from the MHW
line seaward to 1.6 km from four islands where loggerhead sea turtle
nesting has been documented within the Marquesas Keys: Marquesas Key,
Unnamed Key 1, Unnamed Key 2, and Unnamed Key 3.
(20) LOGG-N-20--Dry Tortugas, Monroe County, Florida: This unit
contains nearshore reproductive habitat only. The unit boundary
includes nearshore areas from the MHW line and seaward to 1.6 km (1.0
mile) from six islands where loggerhead sea turtle nesting has been
documented within the Dry Tortugas. From west to east, these six
islands are: Loggerhead Key, Garden Key, Bush Key, Long Key, Hospital
Key, and East Key.
(21) LOGG-N-21--Cape Sable, Monroe County, Florida: This unit
contains nearshore reproductive habitat only. The boundaries of the
unit are nearshore areas from the MHW line and seaward to 1.6 km from
the north boundary of Cape Sable at 25.25[deg] N, 81.17[deg] W to the
south boundary of Cape Sable at 25.12[deg] N, 81.07[deg] W.
(22) LOGG-N-22--Graveyard Creek to Shark Point, Monroe County,
Florida: This unit contains nearshore reproductive habitat only. The
boundaries of this unit are nearshore areas from Shark Point
(25.39[deg] N, 81.15[deg] W) to Graveyard Creek Inlet from the MHW line
seaward 1.6 km.
(23) LOGG-N-23--Highland Beach, Monroe County, Florida: This unit
contains nearshore reproductive habitat only. The boundaries of this
unit are from First Bay to Rogers River Inlet from the MHW line seaward
1.6 km.
(24) LOGG-N-24--Ten Thousand Islands North, Collier County,
Florida: This unit contains nearshore reproductive habitat only. The
unit boundary includes nearshore areas from the MHW line seaward 1.6 km
(1.0 mile) of nine keys where loggerhead sea turtle nesting has been
documented within the northern part of the Ten Thousand Islands in
Collier County in both the Ten Thousand Islands NWR and the Rookery Bay
NERR.
(25) LOGG-N-25--Cape Romano, Collier County, Florida: This unit
contains nearshore reproductive habitat only. The boundaries of the
unit are nearshore areas from Caxambas Pass to Gullivan Bay from the
MHW line seaward 1.6 km.
(26) LOGG-N-26--Keewaydin Island and Sea Oat Island, Collier
County, Florida: This unit contains nearshore reproductive habitat
only. The boundaries of the unit are nearshore areas from Gordon Pass
to Big Marco Pass from the MHW line seaward 1.6 km.
(27) LOGG-N-27--Little Hickory Island to Doctors Pass, Lee and
Collier Counties, Florida: This unit contains nearshore reproductive
habitat only. The boundaries of the unit are nearshore areas from
Little Hickory Island to Doctors Pass (crossing Wiggins Pass and Clam
Pass) from the MHW line seaward 1.6 km.
(28) LOGG-N-28--Captiva Island and Sanibel Island West, Lee County,
Florida: This unit contains nearshore reproductive habitat only. The
boundaries of the unit are nearshore areas from the north end of
Captiva/Captiva Island Golf Club (starting at Redfish Pass and crossing
Blind Pass) and along Sanibel Island West to Tarpon Bay Road, from the
MHW line seaward 1.6 km.
(29) LOGG-N-29--Siesta and Casey Keys, Sarasota County; Venice
Beaches and Manasota Key, Sarasota and Charlotte Counties; Knight, Don
Pedro, and Little Gasparilla Islands, Charlotte County; Gasparilla
Island, Charlotte and Lee Counties; Cayo Costa, Lee County, Florida:
This unit contains nearshore reproductive habitat only. The boundaries
of this unit are nearshore areas from Big Sarasota Pass to Catliva Pass
(crossing Venice Inlet, Stump Pass, Gasparilla Pass, and Boca Grande
Pass), from the MHW line seaward 1.6 km.
(30) LOGG-N-30--Longboat Key, Manatee and Sarasota Counties,
Florida: This unit contains nearshore reproductive habitat only. The
boundaries of this unit are the north point of Longboat Key at Longboat
Pass to New Pass, from the MHW line seaward 1.6 km.
[[Page 43037]]
(31) LOGG-N-31--St. Joseph Peninsula, Cape San Blas, St. Vincent,
St. George and Dog Islands, Gulf and Franklin Counties, Florida: This
unit contains nearshore reproductive habitat only. The boundaries of
this unit are from St. Joseph Bay to St. George Sound (crossing Indian,
West, and East Passes) from the MHW line seaward 1.6 km.
(32) LOGG-N-32--Mexico Beach and St. Joe Beach, Bay and Gulf
Counties, Florida: This unit contains nearshore reproductive habitat
only. The boundaries of the unit are from the eastern boundary of
Tyndall Air Force Base to Gulf County Canal in St. Joseph Bay from the
MHW line seaward 1.6 km.
(33) LOGG-N-33--Gulf State Park to FL/AL state line, Baldwin
County, Alabama; FL/AL state line to Pensacola Pass, Escambia County,
Florida: This unit contains nearshore reproductive habitat only. The
boundaries of the unit are nearshore areas from the west boundary of
Gulf State Park to the Pensacola Pass (crossing Perido Pass and the
Alabama-Florida border) from the MHW line and seaward to 1.6 km.
(34) LOGG-N-34--Mobile Bay--Little Lagoon Pass, Baldwin County,
Alabama: This unit contains nearshore reproductive habitat only. The
boundaries of the unit are nearshore areas from Mobile Bay Inlet to
Little Lagoon Pass from the MHW line and seaward to 1.6 km.
(35) LOGG-N-35--Petit Bois Island, Jackson County, Mississippi:
This unit contains nearshore reproductive habitat only. The boundaries
of the unit are nearshore areas from Horn Island Pass to Petit Bois
Pass from the MHW line and seaward to 1.6 km.
(36) LOGG-N-36--Horn Island, Jackson County, Mississippi: This unit
contains nearshore reproductive habitat only. The boundaries of the
unit are nearshore areas from Dog Keys Pass to the eastern most point
of the ocean facing island shore from the MHW line and seaward to 1.6
km (1.0 mile).
(b) Physical or biological features essential for conservation. The
physical or biological features (PBFs) and primary constituent elements
(PCEs) essential for conservation of the Northwest Atlantic Ocean DPS
of the loggerhead sea turtle are identified by habitat type below.
(1) Nearshore Reproductive Habitat. We describe the PBF of
nearshore reproductive habitat as a portion of the nearshore waters
adjacent to nesting beaches that are used by hatchlings to egress to
the open-water environment as well as by nesting females to transit
between beach and open water during the nesting season. PCEs that
support this habitat are the following:
(i) Nearshore waters directly off the highest density nesting
beaches, as identified in 78 FR 18000, March 25, 2013, to 1.6 km (1
mile) offshore;
(ii) Waters sufficiently free of obstructions or artificial
lighting to allow transit through the surf zone and outward toward open
water; and
(iii) Waters with minimal manmade structures that could promote
predators (i.e., nearshore predator concentration caused by submerged
and emergent offshore structures), disrupt wave patterns necessary for
orientation, and/or create excessive longshore currents.
(2) Winter Habitat. We describe the PBF of the winter habitat as
warm water habitat south of Cape Hatteras near the western edge of the
Gulf Stream used by a high concentration of juveniles and adults during
the winter months. PCEs that support this habitat are the following:
(i) Water temperatures above 10 [deg]C from November through April;
(ii) Continental shelf waters in proximity to the western boundary
of the Gulf Stream; and
(iii) Water depths between 20 and 100 m.
(3) Breeding Habitat. We describe the PBF of concentrated breeding
habitat as those sites with high concentrations of both male and female
adult individuals during the breeding season. PCEs that support this
habitat are the following:
(i) High concentrations of reproductive male and female
loggerheads;
(ii) Proximity to primary Florida migratory corridor; and
(iii) Proximity to Florida nesting grounds.
(4) Migratory Habitat. We describe the PBF of constricted migratory
habitat as high use migratory corridors that are constricted (limited
in width) by land on one side and the edge of the continental shelf and
Gulf Stream on the other side. PCEs that support this habitat are the
following:
(i) Constricted continental shelf area relative to nearby
continental shelf waters that concentrate migratory pathways; and
(ii) Passage conditions to allow for migration to and from nesting,
breeding, and/or foraging areas.
(c) Areas not included in critical habitat. Critical habitat does
not include the following particular areas where they overlap with the
areas described in paragraph (a) of this section:
(1) Pursuant to ESA section 4(a)(3)(B), all areas subject to the
2008 Naval Air Station Key West Integrated Natural Resources Management
Plan.
(2) Pursuant to ESA section 3(5)(A)(i), all federally authorized or
permitted man-made structures such as aids-to-navigation, boat ramps,
platforms, docks, and pilings existing within the legal boundaries on
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[FR Doc. 2013-17204 Filed 7-17-13; 8:45 am]
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